Code of Massachusetts Regulations
314 CMR - DIVISION OF WATER POLLUTION CONTROL
Title 314 CMR 3.00 - Surface Water Discharge Permit Program
Section 3.03 - Discharges Requiring A Permit

Universal Citation: 314 MA Code of Regs 314.3

Current through Register 1531, September 27, 2024

(1) No person shall discharge pollutants to surface waters of the Commonwealth without a currently valid permit from the Department pursuant to M.G.L. c. 21, § 43 and 314 CMR 3.00, unless exempted in 314 CMR 3.05. No person shall construct, install, modify, operate or maintain an outlet for such a discharge or any treatment works required to treat such discharge without having first obtained a discharge permit in accordance with 314 CMR 3.03(1) and written approval from the Department for such activity, unless exempted pursuant to 314 CMR 3.05. The Department may require any person to provide information as the Department may reasonably require to determine whether that person is subject to M.G.L. c. 21, §§ 26 through 53 or to 314 CMR 3.00 or has violated the M.G.L. c. 21, §§ through 53 or 314 CMR 3.00. The Department may require any person that it determines is subject to or in violation of M.G.L. c. 21, §§ 26 through 53 or 314 CMR 3.00 to apply for and obtain an individual permit, or if applicable, apply for and obtain coverage under a general permit under 314 CMR 3.06. Any person who discharges or proposes to discharge pollutants to surface waters of the Commonwealth may apply for an individual permit or, if applicable, apply to obtain coverage under a general permit under 314 CMR 3.06, by filing the appropriate application forms in accordance with 314 CMR 3.00 and 2.00.

(2) Discharges of pollutants requiring a permit under 314 CMR 3.03 shall include, but not be limited to:

(a) All point source discharges of pollutants to surface waters from publicly and privately owned treatment works, including any bypasses or overflows from such works, and from manufacturing, commercial, and mining activities and processes, whether treated or untreated.

(b) Concentrated Aquatic Animal Production Facilities, as defined herein. "Concentrated aquatic animal production facility" means a hatchery, fish farm, or other facility which meets the criteria in 314 CMR 3.15(1), or which the Department designates under 314 CMR 3.03(2)(c).

(c) Any warm or cold water aquatic animal production facility designated by the Department as a concentrated aquatic animal production facility upon a determination in accordance with 314 CMR 3.15 that it is a significant contributor of pollution to waters of the Commonwealth. In making this designation the Department shall consider the following factors:
1. The location and quality of the receiving waters of the Commonwealth;

2. The holding, feeding, and production capacities of the facility;

3. The quantity and nature of the pollutants reaching waters of the Commonwealth; and

4. Other relevant factors.

A permit application shall not be required from a concentrated aquatic animal production facility designated under 314 CMR 3.03 until the Department has conducted an on-site inspection of the facility and has determined that the facility should and could be regulated under the permit program.

(d) Discharges into Aquaculture Projects as defined herein. "Aquaculture project" means a defined, managed water area which uses discharges of pollutants into that designated area for the maintenance or production of harvestable freshwater, estuarine, or marine plants or animals.

Designated Project Area means the portions of the waters of the Commonwealth within which the permittee or permit applicant plans to confine the cultivated species, using a method or plan or operation (including, but not limited to, physical confinement) which on the basis of reliable scientific evidence, is expected to ensure that specific individual organisms comprising an aquaculture crop will enjoy increased growth attributable to the discharge of pollutants, and be harvested within a defined geographic area.

(e) Silvicultural Point Sources as defined herein. "Silvicultural point source" means any discernible, confined and discrete conveyance related to rock crushing, gravel washing, log sorting, or log storage facilities which are operated in connection with silvicultural activities and from which pollutants are discharged into waters of the Commonwealth. The term does not include non-point source silvicultural activities such as nursery operations, site preparation, reforestation and subsequent cultural treatment, thinning, prescribed burning, pest and fire control, harvesting operations, surface drainage, or road construction and maintenance from which there is natural runoff. However, some of these activities (such as stream crossing for roads) may involve point source discharges of dredged or fill material which may require a Section 404 permit.

Rock Crushing and Gravel Washing Facilities means facilities which process crushed and broken stone, gravel and riprap (See 40 CFR Part 436 , Subpart B, including the effluent limitations guidelines).

Log Sorting and Log Storage Facilities means facilities whose discharges result from the holding of unprocessed wood, for example, logs or roundwood with bark or after removal of bark held in self-contained bodies of water (mill ponds or log ponds) or stored on land where water is applied intentionally on the logs (wet decking) (See 40 CFR Part 429 , Subpart I, including the effluent limitations guidelines).

(f) Concentrated Animal Feeding Operations, as defined in 40 CFR 122.23.

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