Current through Register 1531, September 27, 2024
(1)
Protection of Existing Uses. In all cases existing
uses and the level of water quality necessary to protect the existing uses
shall be maintained and protected.
(2)
Protection of High Quality
Waters. High Quality waters are waters whose quality exceeds
minimum levels necessary to support the national goal uses, low-flow waters,
and other waters whose character cannot be adequately described or protected by
traditional criteria. These waters shall be protected and maintained for their
existing level of quality, unless limited degradation by a new or increased
discharge is authorized by the Department pursuant to 314 CMR 4.04(5). Limited
degradation also may be allowed by the Department where it determines that a
new or increased discharge is insignificant because it does not have the
potential to impair any existing or designated water use and does not have the
potential to cause any significant lowering of water quality.
(3)
Protection of Outstanding
Resource Waters. The quality of Outstanding Resource Waters shall
be protected and maintained.
(a) Any person
having an existing discharge to these waters shall cease said discharge and
connect to a POTW, unless it is shown by said person that such a connection is
not reasonably available or feasible. Existing discharges not connected to a
POTW shall be provided with the highest and best practical method of waste
treatment determined by the Department as necessary to protect and maintain the
outstanding resource water.
(b) A
new or increased discharge to an Outstanding Resource Water is prohibited
unless:
1. the discharge is determined by the
Department to be for the express purpose and intent of maintaining or enhancing
the resource for its designated use and an authorization is granted as provided
in 314 CMR 4.04(5). The Department's determination to allow a new or increased
discharge shall be made in agreement with the federal, state, local or private
entity recognized by the Department as having direct control of the water
resource or governing water use; or
2. the discharge is dredged or fill material
for qualifying activities in limited circumstances, after an alternatives
analysis which considers the Outstanding Resource Water designation and further
minimization of any adverse impacts. Specifically, a discharge of dredged or
fill material is allowed only to the limited extent specified in
314 CMR 9.00: 401
Water Quality Certification for Discharge of Dredged or Fill Material,
Dredging, and Dredged Material Disposal in Waters of the United States within
the Commonwealth and
314 CMR
4.06(1)(d). The Department
retains the authority to deny discharges which meet the criteria of
314 CMR 9.00, but will result
in substantial adverse impacts to the physical, chemical, or biological
integrity of surface waters of the Commonwealth.
(4)
Protection of Special
Resource Waters. The quality of Special Resource Waters shall be
protected and maintained. No new or increased discharge to an SRW, and no new
or increased discharge to a tributary to an SRW that would result in lower
water quality in the SRW, may be allowed, except where:
(a) the discharge results in temporary and
short term changes in the quality of the SRW, provided that the discharge does
not permanently lower water quality or result in water quality lower than
necessary to protect uses; and
(b)
an authorization is granted pursuant to 314 CMR 4.04(5).
(5)
Authorizations.
(a) An authorization to discharge to waters
designated for protection under 314 CMR 4.04(2) may be issued by the Department
where the applicant demonstrates that:
1. The
discharge is necessary to accommodate important economic or social development
in the area in which the waters are located;
2. No less environmentally damaging
alternative site for the activity, receptor for the disposal, or method of
elimination of the discharge is reasonably available or feasible;
3. To the maximum extent feasible, the
discharge and activity are designed and conducted to minimize adverse impacts
on water quality, including implementation of source reduction practices;
and
4. The discharge will not
impair existing water uses and will not result in a level of water quality less
than that specified for the Class.
(b) An authorization to discharge to the
narrow extent allowed in 314 CMR 4.04(3) or 314 CMR 4.04(4) may be granted by
the Department where the applicant demonstrates compliance with 314 CMR
4.04(5)(a)2. through 4.
(c) Where
an authorization is at issue, the Department shall circulate a public notice in
accordance with
314 CMR
2.06: Public Notice and
Comment. Said notice shall state an authorization is under
consideration by the Department, and indicate the Department's tentative
determination. The applicant shall have the burden of justifying the
authorization. Any authorization granted pursuant to 314 CMR 4.04 shall not
extend beyond the expiration date of the permit.
(d) A discharge exempted from the permit
requirement by
314 CMR 3.05(4)
(discharge necessary to abate an imminent
hazard) may be exempted from 314 CMR 4.04(5) by decision of the
Department.
(e) A new or increased
discharge specifically required as part of an enforcement order issued by the
Department in order to improve existing water quality or prevent existing water
quality from deteriorating may be exempted from 314 CMR 4.04(5) by decision of
the Department.
(6) The
Department applies its Antidegradation Implementation Procedures to point
source discharges subject to
314 CMR 4.00.
(7)
Discharge
Criteria. In addition to the other provisions of
314 CMR 4.00, any authorized
discharge shall be provided with a level of treatment equal to or exceeding the
requirements of
314 CMR 3.00: Surface
Water Discharge Permit Program. Before authorizing a discharge, all
appropriate public participation and intergovernmental coordination shall be
conducted in accordance with
314 CMR
2.00: Permit Procedures.
