Code of Massachusetts Regulations
314 CMR - DIVISION OF WATER POLLUTION CONTROL
Title 314 CMR 5.00 - GROUND WATER DISCHARGE PERMIT PROGRAM
Section 5.04 - Other Activities Requiring a Permit

Universal Citation: 314 MA Code of Regs 314.5

Current through Register 1531, September 27, 2024

(1) No person shall engage in any activity, in addition to those described in 314 CMR 5.03, which may reasonably be expected to result, directly or indirectly, in the discharge of pollutants into ground waters of the Commonwealth, without a currently valid permit from the Department, pursuant to 314 CMR 5.00 and 2.00: Permit Procedures, except as otherwise provided in 314 CMR 5.05. Any person who engages or proposes to engage in such activities shall apply for an individual permit or request coverage under a general permit where applicable by filing the appropriate application forms and paying the applicable fees in accordance with 314 CMR 5.00, 2.00: Permit Procedures and 310 CMR 4.00: Timely Action Schedule and Fee Provisions.

(2) Such other activities shall specifically include, but not be limited to, a conveyance or system of conveyances (e.g. pipes, conduits, ditches and channels) primarily used for collecting and conveying storm water runoff, but not including combined municipal sewer systems, and that:

(a) Discharge stormwater runoff contaminated by contact with process wastes, raw materials, toxic pollutants, hazardous substances, or oil and grease to a leaching facility, percolation pit, unlined pond, or unlined lagoon;

(b) Are located in Industrial Plant Associated Areas where there is a potential for significant discharge of storm water contaminated by contact with process wastes, raw materials, toxic pollutants or hazardous substances; or

(c) Is designated under on a case-by-case basis as a stormwater discharge requiring a permit, where the Department determines that a storm water discharge is or may be a significant contributor of pollution to the ground waters of the Commonwealth. In making this determination, the Department shall consider the following factors:
1. The location of the discharge with respect to ground waters of the Commonwealth;

2. The size of the discharge;

3. The quantity and nature of the pollutants reaching ground waters of the Commonwealth and the Massachusetts water quality standards applicable to such waters; and

4. Other relevant factors.

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