Code of Massachusetts Regulations
314 CMR - DIVISION OF WATER POLLUTION CONTROL
Title 314 CMR 2.00 - Permit Procedures
Section 2.05 - Preparation of Fact Sheet or Statement of Basis for Permits
Current through Register 1531, September 27, 2024
(1) For every draft individual or general permit for surface water discharge(s); individual or general permit for groundwater discharge(s); permit for a RCRA facility; and permit with provisions for reclaimed water, the Department shall prepare a fact sheet or statement of basis for the permit in accordance with 314 CMR 2.05. A fact sheet or statement of basis is not required for issuance of general permit coverage or sewer connection permits issued in accordance with 314 CMR 7.00: Sewer System Extension and Connection Permit Program. The Department will send a copy of the fact sheet or statement of basis to the applicant or permittee(s), as applicable, and, on request, to any other person.
(2) A fact sheet shall be prepared for every draft general groundwater discharge permit; general surface water discharge permit; permit for a major groundwater discharge; Type I and Type II NPDES permit; permit with provisions on reclaimed water; groundwater discharge permit with Special Effluent Limitations pursuant to 314 CMR 5.10(9): Special Effluent Limitations; and for every draft permit which the Department finds is the subject of widespread public interest or raises major issues.
(3) The fact sheet shall briefly set forth the principal facts and the significant factual, legal, methodological and policy questions considered in preparing the draft permit. For an individual permit, the Department shall send a copy of the fact sheet and draft permit to the applicant and, on request, a copy of the fact sheet, permit application and draft permit to any other person. For a general permit, on request, the Department shall send a copy of the fact sheet and draft permit to any person. For general groundwater discharge permit coverage, the Department shall send a coverage determination to the applicant. On request, the Department shall send a copy of the application for general permit coverage and the coverage determination to any other person. The Department may charge a fee in connection with responding to such requests. The fact sheet shall include where applicable:
(4) Where a request for a determination under 33 U.S.C. § 1326, § 316(a), has been filed relative to a surface water discharge permit, the fact sheet also shall contain:
(5) The Department shall prepare a statement of basis for every draft permit for which a fact sheet is not prepared. The statement of basis shall briefly describe the derivation of the conditions of the draft permit and the reasons for them, including references to applicable statutory or regulatory provisions. For a tentative determination to modify, deny, suspend or revoke an individual permit, or to modify, suspend or revoke a general permit or general permit coverage, the Department shall prepare a statement of the reasons supporting the tentative determination, including references to applicable statutory or regulatory provisions. For a determination to deny general permit coverage, the Department shall prepare a statement of the reasons supporting the determination, including references to applicable statutory or regulatory provisions. The statement of basis or statement of reasons shall be sent to the applicant or permittee(s), as applicable, and, on request, to any other person. The Department may charge a fee in connection with responding to such requests.