Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 3.00 - Surface Water Discharge Permit Program › Section 3.06 - General Permits

Current through Register 1525, July 5, 2024
(1)
Department Authority to Issue General Permits
. The
			 Department may issue a general permit that regulates one or more categories of
			 surface water discharges and covers multiple dischargers who have properly
			 applied for coverage under the general permit. The Department may issue a
			 general permit jointly with EPA or on its own. The scope of general permits
			 that the Department may issue pursuant to
			 314 CMR 3.00 includes, but is
			 not limited to, general permits for non-contact cooling water discharges, water
			 treatment facility discharges, construction dewatering discharges, stormwater
			 discharges from small MS4s, and storm water discharges associated with
			 construction activities.
(2) A
			 general permit may be written to regulate one or more categories or
			 subcategories of discharges or disposal practices or facilities, including
			 within areas that correspond to geographic or political boundaries such as
			 municipal or state political boundaries, sewer districts or sewer authorities,
			 urbanized areas as designated by the federal Bureau of the Census, or any other
			 appropriate division or combination of boundaries as determined by the
			 Department. A general permit may exclude specified sources or areas from
			 coverage.
(3) General permits may
			 be issued, renewed, modified and revoked by the Department in accordance with
			 the applicable requirements of
			 314 CMR
			 2.00 and
			 3.00. A modified permit may be
			 issued by the Department as an alternative general permit.
(4)
Applying for Coverage under a
			 General Permit
.
(a) Dischargers
			 seeking coverage under a general permit shall submit to the Department a
			 written notice of intent to be covered by the general permit. A discharger who
			 fails to submit a notice of intent in accordance with the terms of the general
			 permit is not authorized to discharge under the general permit unless the
			 general permit contains a provision that a notice of intent is not required or
			 the Department notifies a discharger that it is covered by a general permit in
			 accordance with 314 CMR 3.06(7). In general, the filing of a complete and
			 timely notice of intent to be covered in accordance with 314 CMR 3.06 fulfills
			 the requirements for permit applications for the purposes of
			 314 CMR 3.00.
(b) The Department will specify the content
			 of the notice of intent in the general permit and require the submission of
			 information deemed necessary by the Department for its adequate implementation
			 and compliance oversight of the general permit, including, at a minimum, the
			 legal name and address of the owner or operator, the facility name and address,
			 type of facility or discharges, and the receiving waters.
(c) The Department will specify in the
			 general permits the deadlines for submitting notices of intent to be covered
			 and the date(s) when a discharger is authorized to discharge under the general
			 permit.
(d) The Department will
			 specify in the general permits whether a discharger that has submitted a
			 complete and timely notice of intent and that is eligible for coverage under
			 the general permit, is authorized to discharge in accordance with the general
			 permit either upon receipt of the notice of intent by the Department, after a
			 waiting period specified in the general permit, on a date specified in the
			 general permit, or upon receipt of notification of inclusion by the
			 Department.