Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 5.00 - GROUND WATER DISCHARGE PERMIT PROGRAM › Section 5.05 - Activities Not Requiring a Permit

Current through Register 1525, July 5, 2024
The following activities do not require a permit pursuant to
				M.G.L. c. 21, § 43 and
				314 CMR 5.00:
(1)
(a) The
			 construction, installation, modification, operation and maintenance of a
			 facility that discharges a liquid effluent as a result of the treatment of
			 sewage at a treatment works that is designed to receive and receives less than
			 10,000 gallons per day, provided that such facility and treatment works are
			 designed, approved, constructed, operated and maintained in accordance with
			 310 CMR 15.000:
The
			 State Environmental Code, Title 5, Standard Requirements For the Siting,
			 Construction, Inspection, Upgrade and Expansion of On-site Sewage Treatment and
			 Disposal Systems and for the Transport and Disposal of
			 Septage
.
(b) The operation
			 and maintenance of a facility which discharges a liquid effluent as a result of
			 the treatment of sewage at a treatment works that: Is designed to receive and
			 receives 10,000 to 15,000 gallons per day, provided that the facility and
			 treatment works were designed, approved, constructed and have been and are
			 operated and maintained in accordance with
			 310 CMR 15.000:
The
			 State Environmental Code, Title 5, Standard Requirements For the Siting,
			 Construction, Inspection, Upgrade and Expansion of On-site Sewage Treatment and
			 Disposal Systems and for the Transport and Disposal of Septage
and
			 its predecessor Codes, as applicable; and provided further that the facility is
			 not located in a nitrogen sensitive area designated by the Department in
			 accordance with
			 310 CMR
			 15.215:
Designation of Nitrogen
			 Sensitive Areas
, or the Zone A of a public water system.
(c) As used in 314 CMR 5.05(1)(a) and (b),
			 the word "maintained" includes, but is not limited to, upgraded, if upgrading
			 is required by
			 310 CMR 15.000:
The
			 State Environmental Code, Title 5, Standard Requirements For the Siting,
			 Construction, Inspection, Upgrade and Expansion of On-site Sewage Treatment and
			 Disposal Systems and for the Transport and Disposal of
			 Septage
(d) For purposes
			 of determining whether the design, construction, operation or maintenance of a
			 facility is an activity not requiring a permit as provided in 314 CMR
			 5.05(1)(a) and (b), the volume of sewage the treatment works is designed to
			 receive and receives shall be calculated in accordance with all applicable
			 provisions of
			 310 CMR 15.000:
The
			 State Environmental Code, Title 5, Standard Requirements For the Siting,
			 Construction, Inspection, Upgrade and Expansion of On-site Sewage Treatment and
			 Disposal Systems and for the Transport and Disposal of Septage
,
			 including without limitation,
			 310
			 CMR 15.006:
Facilities with a Design
			 Flow of 10,000 GPD or Greater but Less than 15,000 GPD
, 15.007:
Campgrounds
, 15.010:
Division and Aggregation of
			 Facilities
, and 15.203:
System Sewage Flow Design
			 Criteria
.