Code of Massachusetts Regulations
314 CMR - DIVISION OF WATER POLLUTION CONTROL
Title 314 CMR 3.00 - Surface Water Discharge Permit Program
Section 3.04 - Other Activities Requiring a Permit
Universal Citation: 314 MA Code of Regs 314.3
Current through Register 1531, September 27, 2024
(1) No person shall engage in any other activity, other than those described in 314 CMR 3.03, which may reasonably result, directly or indirectly, in the discharge of pollutants into waters of the Commonwealth, without a currently valid permit from the Department, pursuant to 314 CMR 3.00 and 2.00, unless exempted in 314 CMR 3.05. Any person who engages or proposes to engage in such activities 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) Such other activities shall specifically include, but are not limited to:
(a)
Storm Water Discharges means a conveyance or system of
conveyances (including pipes, conduits, ditches and channels) primarily used
for collecting and conveying storm water runoff, but not including combined
municipal sewer systems, and which discharges storm water from small municipal
separate storm sewer systems that require coverage under a general permit
issued by the Department pursuant to
314 CMR
3.06(11)(b).
(b)
Case-by-case Designation of
Storm Water Discharges. The Department may designate a conveyance
or one or more systems of conveyances primarily used for collecting and
conveying storm water runoff as a storm water discharge(s). This designation
shall be made by the Department when:
1. A
Water Quality Management plan under of the the Clean Water Act,
33 U.S.C.
1251
et seq, § 208,
which contains requirements applicable to such discharge sources is approved,
provided that any such discharge source is subject to designation as a storm
water discharge only if it meets one or more of the designation criteria in 314
CMR 3.04(2)(b)2. through 5.; or
2.
The Department determines that a storm water discharge is or may be a
significant contributor of pollution to the waters of the Commonwealth. In
making this determination, the Department shall consider the following factors:
a. The location of the discharge with respect
to waters of the Commonwealth;
b.
The size of the discharge;
c. The
quantity and nature of the pollutants reaching waters of the Commonwealth and
the Massachusetts water quality standards applicable to such waters;
and
d. Other relevant factors;
or
3. The Department
determines that a discharge of storm water runoff is contaminated by contact
with process wastes, raw materials, toxic pollutants, hazardous substances, or
oil and grease, provided, however, that discharges in compliance with storm
water management standards developed by the Department do not require a permit;
or
4. The Department determines
that a discharge of storm water is subject to effluent limitations guidelines
or toxic pollutant effluent standards; or
5. The Department determines that a discharge
of storm water is located in an industrial plant or in plant associated areas,
if there is a potential for significant discharge of storm water contaminated
by contact with process wastes, raw materials, toxic pollutants or hazardous
substances. "Plant associated areas" means industrial plant yards, immediate
access roads, drainage ponds, refuse piles, storage piles or areas, and
material or product loading and unloading areas. The term excludes areas
located on plant lands separate from the plant's industrial activities, such as
office buildings and accompanying parking lots. Such discharges do not require
an individual permit if the discharger has obtained coverage under an
applicable general permit issued by EPA and/or by DEP pursuant to
314 CMR
3.06.
(c) Any person owning, operating or
maintaining a "storm water discharge" is subject to the requirements of 314 CMR
3.04(1).
(d) Any person owning,
operating or maintaining a conveyance or system of conveyances operated
primarily for the purpose of collecting and conveying storm water runoff which
does not constitute a "storm water discharge" is subject to the provisions of
314 CMR
3.05(7).
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