Code of Massachusetts Regulations
314 CMR - DIVISION OF WATER POLLUTION CONTROL
Title 314 CMR 5.00 - GROUND WATER DISCHARGE PERMIT PROGRAM
Section 5.09A - Application for a Permit

Universal Citation: 314 CMR 5.00 MA Code of Regs 5.09A

Current through Register 1531, September 27, 2024

(1) Duty to Apply. Any person required to obtain a permit pursuant to 314 CMR 5.03 or 5.04 shall apply for an individual permit in accordance with 314 CMR 5.09A(5) or seek coverage under a general permit in accordance with 314 CMR 5.13 by completing and submitting the appropriate form(s). An applicant shall provide the Department with any information and analyses the Department deems necessary to determine whether the applicant and the proposed activity meet the requirements of 314 CMR 5.00 and applicable guidelines. Such information includes, but is not limited to, pollutant loading information, water quality analyses relevant to the discharge location, and information regarding areas and resources potentially impacted by the discharge, including without limitation, ground water sources for public water systems and private water supply wells.

(2) Who Must Apply. Except as otherwise provided in 314 CMR 5.09A(2) or otherwise determined by the Department, the owner of the treatment works or the owner of the activity resulting in a discharge of pollutants shall apply for an individual permit or request coverage under a general permit. For a POTW, the owner of the treatment works shall apply. For a PWTF, the applicant shall meet the requirements set forth in 314 CMR 5.15.

(3) Time to Apply.

(a) Any person required to obtain a permit pursuant to 314 CMR 5.03 or 5.04, who does not have a currently effective permit, and who is applying for an individual permit, shall submit an application at least 180 days before the date on which the discharge will commence, unless permission for a later date has been granted by the Department in writing. Persons proposing a new discharge are encouraged to submit their applications well in advance of the 180-day requirement to avoid delay.

(b) Any person with a currently effective individual permit shall submit a new application for an individual permit or request coverage under a general permit at least 180 days before the expiration date of the existing individual permit, unless permission for a later date has been granted by the Department in writing.

(c) A person required to obtain a permit pursuant to 314 CMR 5.03 or 5.04 who does not have a currently effective permit and who is requesting coverage under a general permit shall submit a notice of intent requesting such coverage in accordance with 314 CMR 5.13.

(4) Completeness. The Department shall not issue a permit before receiving a complete application as required by 314 CMR 2.03(2): Completeness of Application. A complete application must include any information that the Department determines is necessary or appropriate to assess the impact of the proposed discharge on the use of the receiving ground water as an actual or potential source of potable water, or on the existing and designated uses of downgradient hydrologically connected surface waters. Such additional information may include, without limitation, information on natural background conditions in the receiving ground waters and in hydrologically connected surface waters.

(5) Except as otherwise provided in 314 CMR 5.09A(5)(d) or as otherwise determined by the Department, a complete application for an individual permit for a POTW or a PWTF shall include the following submissions along with the required Department-approved forms and permit application fees:

(a) Engineering Report prepared in accordance with all applicable Department guidelines by a Massachusetts Registered Professional Engineer with a concentration in sanitary, civil or environmental engineering. Said report shall include information on any conditions that have changed since the date of the Hydrogeological Report submitted in accordance with 314 CMR 5.09.

(b) A certification from a Massachusetts Registered Professional Engineer with a concentration in sanitary, civil or environmental engineering that:
1. The Engineer has reviewed the Hydrogeological Report submitted in accordance with 314 CMR 5.09 and the Engineering Report submitted in accordance with 314 CMR 5.09A(5)(a) and has determined that the information presented in the Hydrogeological Report, as updated by the Engineering Report, accurately reflects conditions as of the date of the permit application; and

2. The treatment works described in the Engineering Report will enable the facility to operate in compliance with the requirements of 314 CMR 5.00 including, but not limited to, effluent limitations established in accordance with 314 CMR 5.10.

(c) The signature of a person identified in 314 CMR 5.14 along with the certification required by 314 CMR 5.14(3).

(d) The provisions of 314 CMR 5.09A(5)(a) and (b) do not apply to applications filed prior to March 20, 2009.

(6) If the applicant is requesting the Department to include special effluent limitations established in accordance with 314 CMR 5.10(9) in an individual permit for the discharge of an effluent resulting from the treatment of sewage at a treatment works, the applicant shall submit sufficient information to make the required demonstrations.

(7) If the application is for a discharge of effluent from a PWTF, the applicant shall submit sufficient information to demonstrate compliance with all applicable requirements of 314 CMR 5.15.

(8) If a discharge is proposed within the Zone II or Interim Wellhead Protection Area of a ground water source of potable water for a public water system, the applicant shall notify the public water system in writing by certified mail, and provide a copy of the notice to the Department.

(9) The applicant shall maintain a copy of all records, regardless of form (e.g., printed, electronic) upon which they rely in making the certification in 314 CMR 5.14(3)(a). Such records shall include without limitation all documents, records and information necessary, and any supporting documentation provided to the applicant by, or relied upon by, such qualified legal, technical or other professionals the applicant consults.

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