(1) On or before
May 1, 2022, unless an alternative timeline has been established by the
Department under an enforcement order, a permittee with a combined sewer system
shall submit to the Department for review and approval a preliminary CSO Public
Notification Plan, which shall be implemented as approved, including any
conditions of approval. Each preliminary CSO Public Notification Plan shall
include:
(a) A brief description of the method
the permittee will utilize for each of its outfalls to determine or discover a
discharge described in 314 CMR 16.03(1)(a) or (b), as applicable, within the
timeframes established in 314 CMR 16.04;
(b) A request to the Commissioner in
accordance with
310
CMR 16.04(2) if the
permittee seeks preliminary approval to utilize any method other than, or in
addition to, metering to determine or discover a discharge; and
(c) A brief summary of how a permittee will
comply with provisions of 314 CMR 16.04 and 16.05 regarding their website,
signage, and public advisory notifications for all applicable discharges and
overflows described in 314 CMR 16.03, including, without limitation, a
description of measures that the permittee will take to communicate to
environmental justice populations.
(2) On or before January 12, 2023, unless an
alternative timeline has been established by the Department under an
enforcement order, a permittee with a combined sewer system shall submit to the
Department for review and approval a final CSO Public Notification Plan, which
shall be implemented as approved, including any conditions of approval. At the
same time the plan is submitted to the Department, the permittee shall place a
public notice in the Environmental Monitor and at least one media outlet that
serves the environmental justice population(s) in the municipalities impacted
by the discharge. The public notice shall state that a CSO Public Notification
Plan has been prepared and submitted to the Department. The public notice shall
include a link to a website where an interested party can review the plan and
shall specify that written comments on the plan can be submitted to the
Department and the permittee for a period of 30 days after the date of
publication. The public notice shall be translated into the languages most
appropriate for neighborhoods within the impacted municipalities that are
identified as environmental justice populations due to lacking English language
proficiency. The Department will consider all comments received within the
public comment period. The Department may require modifications to a
permittee's final CSO Notification Plan when deemed appropriate in view of
relevant facts and circumstances. The Department may also approve a plan
modification requested by a permittee, based on a showing that the requested
modification is appropriate in view of relevant facts and circumstances.
Depending on the magnitude of the changes proposed in the modification, the
Department may require public notice of the modified plan as described above.
The final CSO Notification Plan shall include the following elements:
(a) Each plan shall establish an efficient,
timely, and reliable program for: determining when each outfall is discharging,
estimating the commencement and cessation times of the discharge, and
estimating volume and duration of each public advisory event. The program shall
include use of metering and telemetry equipment unless the Commissioner
approves an alternative method, such as calibrated sewer system models using
rainfall or other system data, or a combination of modeling and metering
methods. The program shall also be capable of meeting the notification
requirements under 314 CMR 16.04;
(b) Where metering of discharges is used to
quantify commencement and cessation of the discharge, volumes, and duration,
the permittee shall calibrate metering equipment on an annual basis, at a
minimum, and shall properly maintain metering equipment to ensure that accurate
data can be recorded;
(c) To apply
for final approval of any method other than, or in addition to, metering to
determine or discover a discharge, a permittee shall include a request in
accordance with 314 CMR 16.04(2) in its final CSO Public Notification Plan and
provide information to support the request. The Commissioner shall evaluate and
approve or deny the request in accordance with 314 CMR 16.04(2);
(d) Where sewer system models are proposed
and approved by the Department for predicting CSO activation and discharge
volume, the permittee shall:
1. Review and
update the model input data as needed to ensure the model properly reflects the
current sewer system configuration and elements;
2. Provide proper maintenance of any data
collection equipment, including rain gauges, communications equipment, depth
monitors, or other equipment providing critical input to the model;
3. Assess the model predictions, annually at
a minimum, to confirm the model predictions of the CSO activations, volumes,
and duration are consistent with other system data available, including any
temporary or permanent sewer system flow meters, wastewater treatment facility
influent flow data, collection system pump station flow or run time data, or
other data that can provide a relationship to CSO event flows; and
4. Provide a description of the actions taken
to comply with the requirements of this provision to the Department in writing
on or before March 1st each year; and
(e) A detailed description of how a
permittee will comply with all applicable requirements of 314 CMR 16.04 and
16.05 regarding their website, signage, and public advisory notifications for
all applicable discharges and overflows described in 314 CMR 16.03, including,
without limitation, a description of measures that the permittee will take to
communicate to environmental justice populations.
(3) On or before July 6, 2022, a permittee
without a combined sewer system shall submit to the Department for review and
approval, using a form developed by the Department for such purpose, a SSO
Public Notification Plan. The Plan shall include a description of how a
permittee will comply with all applicable requirements of 314 CMR 16.04
regarding public advisory notifications for all applicable discharges and
overflows described in 314 CMR 16.03. The Plan will be presumed approved if the
Department does not issue a written approval, conditional approval, denial, or
request for further information within 180 days after
submittal.
