Code of Massachusetts Regulations
314 CMR - DIVISION OF WATER POLLUTION CONTROL
Title 314 CMR 5.00 - GROUND WATER DISCHARGE PERMIT PROGRAM
Section 5.06 - Restrictions on the Issuance of a Permit
Universal Citation: 314 MA Code of Regs 314.5
Current through Register 1531, September 27, 2024
(1) The Department will not issue a permit pursuant to 314 CMR 5.00 if the discharge will cause or contribute to a violation of 314 CMR 4.00: Massachusetts Surface Water Quality Standards or impair the use of ground water as an actual or potential source of potable water. In addition, the Department will not issue a permit pursuant to 314 CMR 5.00 for the following discharges:
(a) A discharge of any
radiological, chemical, or biological warfare agent or high-level radioactive
waste.
(b) A discharge of effluent
from a POTW within the Zone I of a public water supply source, or within the
six-month ground water travel time to the public water supply source, whichever
is larger.
(c) A discharge of
effluent from a POTW within the Zone A of a public water supply
source.
(d) A discharge within the
Zone II or within the Interim Wellhead Protection Area of a public water supply
source, of effluent from a POTW that treats industrial wastewater and has
failed to establish and implement a pretreatment program as required by
314 CMR
12.08: Prohibitions and Standards for
Discharge to POTWs, 12.09: POTW Pretreatment Programs
and 5.10(8)(a).
(e) A discharge of
effluent from a Privately Owned Wastewater Treatment Facility (PWTF) that
treats industrial wastewater within the Zone I, Zone A, Zone II, or within the
Interim Wellhead Protection Area of a public water supply source.
(f) A discharge within the Zone I of a public
water supply source, or the six-month ground water travel time to the public
water supply source, whichever is larger, of effluent from a PWTF limited to
the treatment of sewage.
(g) A
discharge of effluent from a PWTF limited to the treatment of sewage within the
Zone A of a public water supply source.
(2) Notwithstanding the provisions of 314 CMR 5.06(1)(b), and (c), (e) through (g), the Department may renew a permit for a discharge described in 314 CMR 5.06(1)(b), and (c), (e) through (g), if the Department determines that:
(a) the discharge
was authorized by a permit issued by the Department before March 20,
2009;
(b) no action is proposed
that will increase the volume of effluent or the amount of pollutants that will
be discharged above that authorized in the permit issued by the Department
prior to March 20, 2009;
(c) the
permit requires the discharge to meet the more stringent of the water quality
based effluent limitations or the technology based effluent limitations set
forth in
314 CMR 5.10(3) and
(4), and the additional effluent limitations
set forth in
314 CMR 5.10(4A)
that apply to discharges within the two-year
travel time to a ground water source for a public water system;
(d) if the facility is a PWTF, the sewer
system is not reasonably accessible or permission to enter the system cannot be
obtained from the authority having jurisdiction over it, in accordance with
M.G.L. c. 83, §§ 3 and 11; and
(e) if the facility is a POTW that treats
industrial wastewater, the POTW has a pretreatment program that meets the
requirements of
314 CMR
12.08: Prohibitions and Standards for
Discharge to POTWs, 12.09: POTE Pretreatment Programs
and 5.10(8)(a).
Disclaimer: These regulations may not be the most recent version. Massachusetts may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.