Current through Register 1531, September 27, 2024
(1)
General Conditions. The conditions in
314 CMR 5.16
apply to every individual and general permit issued under
314 CMR 5.00, whether or not
expressly incorporated into the permit. The permittee shall comply with all of
the general conditions in
314 CMR
5.16.
(2)
Special
Conditions.
(a) In addition to
the conditions applicable to all permits listed in
314 CMR 5.16,
the Department will include special conditions in general permits and on a
case-by-case basis in individual permits to provide for and assure compliance
with all applicable requirements of M.G.L. c. 21, §§ 26 through 53,
and
314 CMR 5.00. An applicable
requirement of M.G.L. c. 21, §§ 26 through 53, and
314 CMR 5.00 is a state
statutory or regulatory requirement which takes effect prior to issuance of the
permit. Applicable requirements will be identified in the fact sheet or
statement of basis prepared under
314 CMR
2.05:
Preparation of Fact Sheet or
Statement of Basis for Permit.
At a minimum, the special conditions shall establish effluent
limitations in accordance with 314 CMR 5.10(3), and (4), and other applicable
requirements such as: the duration of the permit (314 CMR 5.10(5));
monitoring, recordkeeping and reporting requirements (314 CMR 5.10(6)); and,
where applicable, schedules of compliance (314 CMR 5.10(7)) and other
conditions (314 CMR 5.10(8)) . The permittee shall comply with all special
conditions included in the permit.
(b)
Effluent
Limitations. Except as expressly provided in 314 CMR 5.10(3)(c),
(4)(a)2., (4A), (4B), (4C), and (9), the Department shall apply the more
stringent of the water quality based effluent limitations under 314 CMR
5.10(3), or the technology based effluent limitations under 314 CMR 5.10(4). In
the case of reissued permits, the Department shall apply effluent limitations
which are at least as stringent as those in the previous permit, unless the
effluent limitations imposed by the previously issued permit are more stringent
than subsequently promulgated effluent guidelines and one or more of the
following conditions apply:
1. The discharger
has installed the treatment facilities required to meet the effluent
limitations in the previous permit and has properlyoperated and maintained the
facilities, but has nevertheless been unable to achieve the previous effluent
limitations. In this case, the limitations in the renewed or reissued permit
may reflect the level of pollutant control actually achieved (but shall not be
less stringent than required by the subsequently promulgated effluent
limitation guidelines);
2. The
circumstances on which the previous permit was based have materially and
substantially changed since the time the permit was issued and would constitute
cause for permit modification or revocation and reissuance under
314
CMR 5.12(2).
(3)
Water
Quality Based Effluent Limitations. Except as otherwise provided
in 314 CMR 5.10(3)(c) and (9), all permits shall contain limitations which are
adequate to assure that no pollutants shall be discharged in an amount or
concentration that would impair the use of the ground water as an actual or
potential source of potable water. All permits shall also contain limits which
are adequate to protect surface waters for their existing and designated uses
and to assure the attainment and maintenance of
314 CMR 4.00:
Massachusetts Surface Water Quality Standards. The Department
shall consider natural background conditions and any Total Maximum Daily Loads
established by the Department. The permit limitations shall protect existing
uses of hydrologically connected downgradient ground waters and surface waters,
and shall not interfere with the maintenance and attainment of beneficial uses
in hydrologically connected downgradient waters. Except as otherwise provided
in 314 CMR 5.10(3)(c), (4A), (4B), (4C), and (9), the water quality based
effluent limitations in 314 CMR 5.10(3)(a) through (c) shall apply to all
discharges.
(a)
Effluent
Limitations for All Ground Waters. Pathogenic Organisms shall not
be present in amounts sufficient to render the ground water detrimental to the
public health, safety, welfare, or the environment, or impair the use of the
ground water as an actual or potential source of potable water. Pathogenic
Organisms shall not be present in amounts sufficient to interfere with the
attainment and maintenance of the existing and designated uses of
hydrologically connected downgradient surface waters. Any discharge shall not
exceed the maximum contaminant levels set forth in
310 CMR
22.00: Drinking Water.
(b) The Department may establish water
quality based effluent limitations for a pollutant subject to the maximum
contaminant levels set forth in
310 CMR
22.00: Drinking Water that are more
stringent than those specified in 314 CMR 5.10(3)(a), if needed to protect
ground waters as an actual or potential source of potable water or surface
waters of the Commonwealth for their existing and designated uses. The
Department may also establish water quality based effluent limitations for
other pollutants to protect the ground waters of the Commonwealth for use as an
actual or potential source of potable water and the surface waters of the
Commonwealth for their existing and designated uses set forth in
314 CMR 4.00:
Massachusetts Surface Water Quality Standards including, but
not limited to, effluent limitations on contaminants which are not regulated by
310 CMR
22.00: Drinking Water. The Department
will prohibit the discharge of any toxic pollutant for which the EPA or the
Department has not yet developed a Health Advisory and for which there is not
sufficient data available to the Department for the establishment of a Health
Advisory. The Department mayestablish a Health Advisory for additional toxic
pollutants when sufficient data becomes available.
(c)
Special Water Quality Based
Effluent Limitations for Existing Discharges to Ground Water Previously
Classified as Class III. A discharge authorized by a permit issued
before March 20, 2009, to a ground water classified as a Class III Ground Water
before March 20, 2009, may be allowed to meet the effluent limitations listed
in 314 CMR 5.10(3)(c)1. and 2. provided that no action is proposed that will
increase the volume of discharge or the amount of pollutants discharged above
what is authorized in the permit issued before March 20, 2009:
1. The concentrations of nitrate nitrogen
shall not exceed 50 milligrams per liter; and
2. The concentration of total nitrogen shall
not exceed 50 milligrams per liter.
(d) Notwithstanding the provisions of 314 CMR
5.10(3)(c), the Department may require a discharge to ground water classified
as a Class III Ground Water before March 20, 2009, that was not authorized by a
permit issued before March 20, 2009, to meet the water quality based effluent
limitations set forth in 314 CMR 5.10(3)(a) and (b). The Department may also
require any discharge to ground water classified as a Class III Ground Water
before March 20, 2009 to meet more stringent effluent limitations than those
set forth in 314 CMR 5.10(3)(c) if it determines, based on a Total Maximum
Daily Load Report or otherwise, that additional and more stringent effluent
limitations are necessary to ensure that the discharge will not cause or
contribute to a violation of
314 CMR 4.00:
Massachusetts Surface Water Quality Standards.
(4)
Technology Based
Effluent Limitations.
(a) The
following technology based effluent limitations shall apply to POTWs and PWTFs
that do not treat industrial wastewater.
1.
Except as provided in 314 CMR 5.10(4)(a)2., (4A), (4B), (4C), and (9),
technology based limitations for discharges from POTWs and PWTFs that do not
treat industrial wastewater shall be enhanced secondary treatment. Limitations
defining enhanced secondary treatment may be expressed in terms of
concentration, mass, or both.
2.
Except as otherwise provided in 314 CMR 5.10(4A), (4B), or (4C), the Department
will not require disinfection unless the treatment works includes open sand
beds, or unless the Department determines that disinfection is necessary to
protect the public health, safety, welfare, or the environment.
3.
Special Technology Based
Effluent Limitations for Existing Discharges to Ground Water Previously
Classified as Class III. A permit issued before March 20, 2009,
authorizing a discharge to a ground water classified as Class III Ground Water
before March 20, 2009, may provide that the technology based effluent
limitation is primary treatment if 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 before March 20, 2009. Notwithstanding the
foregoing, the Department will require any discharge to ground water classified
as Class III Ground Water before March 20, 2009, that was not authorized by a
permit issued prior to March 20, 2009, to receive treatment in addition to
primary treatment. The Department may also require any discharge to ground
water classified as Class III Ground Water as of March 20, 2009 receive
treatment in addition to that specified in 314 CMR 5.10(4)(a)2. if it
determines, based on a Total Maximum Daily Load or otherwise, that such
additional treatment is necessary to ensure that the discharge will not cause
or contribute to a violation of the Massachusetts Surface Water Quality
Standards.
(b)
Technology based limitations for discharges from PWTFs that treat industrial
wastewater shall be the more stringent of the following:
1. Limitations and standards for the
applicable industrial category promulgated by EPA pursuant to §§ 304,
306, 307 and 405 of the Federal Act,
33 U.S.C. §§
1314,
1316,
1317,
and
1345,
as required by § 301 of the Federal Act,
33 U.S.C. §
1311.
2. Limitations developed on a case-by-case
basis that, in the Department's judgment, define the appropriate level of
control set forth in the Federal Act for the category of discharger or class of
pollutants discharged. In defining the appropriate level of control hereunder,
the Department will consider any draft or promulgated EPA effluent limitation
guidelines, draft or proposed EPA development documents or guidance, any
available state guidance, or any technology or process which has been
demonstrated to be achievable in the experience of the Department for the class
or category of discharger.
(4A)
Additional and More
Stringent Water Quality and Technology Based Effluent Limitations for
Discharges within a Zone II or Interim Wellhead Protection Area.
(a) Except as otherwise provided in 314 CMR
5.10(9), discharges of liquid effluent from a POTW or a PWTF within a Zone II
or Interim Wellhead Protection Area shall, at a minimum, meet the following
additional and more stringent water quality based effluent limitations and
technology based effluent limitations:
1.
Total Suspended Solids shall not exceed 10 milligrams per liter;
2. Turbidity shall not exceed 5
NTU;
3. Total Organic Carbon shall
not exceed 3 milligrams per liter unless the Department determines otherwise
based on considerations such as the location of the discharge relative to the
Zone of Contribution (as determined by a Hydrogeological Evaluation performed
in accordance with
314 CMR
5.09) , and whether mitigation or additional
source protection measures are provided; and
4. The effluent must be filtered and
disinfected to meet an effluent limitation of no more than 200 fecal coliform
organisms per 100 ml.
(b) Any POTW that treats industrial
wastewater and discharges a liquid effluent within a Zone II or Interim
Wellhead Protection Area shall establish and implement a pretreatment program
that meets the requirements of
314 CMR
12.08: Prohibitions and Standards for
Discharge to POTWs, 12.09: POTW Pretreatment Programs
and 5.10(8)(a). Unless a permit was issued prior to March 20, 2009 a PWTF
located within a Zone II or IWPA shall not treat industrial
wastewater.
(c) Except as otherwise
provided in 314 CMR 5.10(9), a discharge of a liquid effluent from a POTW or a
PWTF located within a Zone II or Interim Wellhead Protection Area of a ground
water source and the two-year ground water travel time to the source shall, at
a minimum, meet the following additional and more stringent water quality based
limitations:
1. Total Suspended Solids shall
not exceed 5 milligrams per liter;
2. Turbidity shall not exceed 2
NTU;
3. Biological Oxygen Demand
(BOD) shall not exceed 10 milligrams per liter;
4. Total Organic Carbon (TOC) shall not
exceed one milligram per liter; and
5. Total nitrogen and nitrate nitrogen shall
not exceed 5 milligrams per liter.
(d) Except as otherwise provided in 314 CMR
5.10(9), a discharge of a liquid effluent from a POTW or a PWTF located within
a Zone II or Interim Wellhead Protection Area of a ground water source and the
two-year ground water travel time to the source shall, at a minimum, meet the
following additional technology based limitations:
1. The effluent shall at all times be
oxidized, filtered, and disinfected so that the median concentration of fecal
coliform in the disinfected effluent does not exceed a limit of no detectable
colonies per 100 milliliters over a continuous seven-day sampling period, and
no sample shall exceed a limit of 14 colonies per 100 milliliters.
2. The permittee shall demonstrate that the
disinfection process can inactivate or remove five logs of F-specific
bacteriophage of MS 2 or poliovirus from the effluent. A virus at least as
resistant as poliovirus may be used for the purpose of demonstration. This
requirement may be met by a combination of removal and inactivation. Compliance
may also be based on the treatment process, turbidity, and type of performance
of the disinfection.
3. The
Department may allow the effluent to be filtered without coagulation if the
turbidity requirement can be satisfied after filtration without
coagulation.
(e)
Notwithstanding anything to the contrary in 314 CMR 5.10(4A), the Department
may allow a discharge of effluent from a POTW or a PWTF located within a Zone
II or Interim Wellhead Protection Area to meet effluent limitations that are
less stringent than required by 314 CMR 5.10(4A)(a), (c) and (d), provided
that:
1. The discharge was authorized by a
permit issued pursuant to
314 CMR 5.00 prior to March
20, 2009;
2. No action is proposed
that will increase the volume of the discharge or the amount of pollutants
discharged above that authorized in the permit issued prior to March 20,
2009;
3. The continued discharge of
effluent from the POTW or PWTF will not impair the use of the ground water as
an actual or potential source of potable water;
4. The continued discharge of effluent from
the POTW or PWTF will not cause or contribute to a violation of
314 CMR 4.00:
Massachusetts Surface Water Quality Standards;
5 The discharge is required to meet effluent
limitations at least as stringent as those set forth in the permit issued prior
to March 20, 2009; and
6. The
discharge is outside the six-month ground water travel time to the public water
source for a public water system.
(f) If, pursuant to 314 CMR 5.10(4A)(e), the
Department issues a permit that allows a discharge within a Zone II or Interim
Wellhead Protection Area to meet effluent limitations less stringent than
required by 314 CMR 5.10(4A)(a), (c) and (d), the Department may modify the
permit to require the discharge to meet the applicable effluent limitations set
forth in 314 CMR 5.10(4A)(a), (c) and (d) if, at permit renewal, or any other
time, the Department determines that such modification is necessary to protect
the public health, safety, welfare, or the environment.
(4B)
Additional and More
Stringent Effluent Limitations for Discharges Within 100 Feet of an Irrigation
Well. If a permit authorizes the discharge of reclaimed water
within 100 feet of an irrigation well, the permit shall establish effluent
limitations that are at least as stringent as effluent limitations established
in accordance with
314 CMR
20.17(8).
(4C)
Additional and More
Stringent Effluent Water Quality and Technology Based Effluent Limitations for
Discharges from Treatment Works That Discharge an Effluent to the Ground Water
Without the Benefit of Treatment in the Unsaturated Zone. If an
applicant proposes a wastewater treatment facility that does not include
treatment in the unsaturated zone prior to discharge to the ground water, the
permit shall require the discharge to meet the effluent limitations set forth
in 314 CMR 5.10(4A) that apply to discharges within a Zone II or Interim
Wellhead Protection Area of a ground water source and the two-year ground water
travel time to the source.
(5)
Duration of Permits. Permits shall be effective for a
fixed term not to exceed five years. The Department may issue any permit for a
lesser duration.
(6)
Monitoring, Recordkeeping and Reporting Requirements.
(a) Each permit shall contain monitoring
requirements to assure compliance with permit limitations and conditions,
including without limitation the installation of monitoring wells to ensure the
protection of the ground water as an actual or potential source of potable
water, protection of surface waters for their existing and designated uses, and
to assure the attainment and maintenance of the
314 CMR 4.00:
Massachusetts Surface Water Quality Standards. The Department
shall approve the number, location, dimensions, method of construction,
sampling parameters, and method of sampling of monitoring wells. The type,
intervals, and frequency of monitoring shall be sufficient to yield data which
are representative of the monitored activityincluding, when appropriate,
continuous monitoring. Monitoring requirements may include the mass (or other
measurement specified in the permit) for each pollutant limited in the permit,
the volume of effluent discharged from each facility, and other measurements as
appropriate (including biological monitoring methods when appropriate).
Monitoring shall be conducted in accordance with the provisions of
314 CMR
5.16(10). Permittees shall
maintain records of all monitoring activities in accordance with
314 CMR
5.16(11).
(b) Each permit shall contain requirements to
report monitoring results with a frequency dependent on the nature and effect
of the discharge, but in no case less than once a year. Pollutants for which
the permittee must report violations of maximum daily discharge limitations
under
314 CMR 5.16(20)(e)
shall be listed in the permit.
(c) The permittee shall demonstrate that
permitted discharges comply with the effluent limitations and other relevant
conditions in the permit through tests or analytical determination of ground
water and effluent samples collected, transported, and stored in the manner
outlined in
Standard Methods for the Examination of Water and
Wastewater, 22nd edition, published by the
American Public Health Association, American Water Works Association, and the
Water Environment Federation, 2016, and the latest EPA analytical procedures.
The Department must approve the location of ground water, influent, and
effluent sampling. Effluent samples must be collected at a point where the
effluent emerges from a treatment works, disposal system, outlet, or point
source, and prior to being discharged to the ground, unless otherwise approved
by the Department. In selecting or approving monitoring well locations and
construction, the Department may consider all relevant facts including, but not
limited to:
1. The mobility of pollutants in
the unsaturated zone, and the pollutant attenuation mechanisms in this
zone;
2. Attenuation mechanisms
that may remove potential pollutants passing through the soil;
3. The relative thickness of the unsaturated
zone;
4. Attenuation of pollutant
concentrations with distance, that may occur in the saturated zone as a result
of the attenuation process occurring below the water table; and
5. Information from the approved
Hydrogeological Report, including but not limited to, information on ground
water levels, ground water flows, and soils information.
(d)
Tests or Analytical
Determinations. Tests and analytical determinations to establish
compliance with standards, limitations and criteria shall be conducted in
accordance with methods approved by the Department for that purpose.
(7)
Schedule of
Compliance.
(a) A permit may,
when appropriate, specify a schedule leading to compliance with M.G.L. c. 21,
§§ 26 through 53 and
314 CMR 5.00. Any such
schedule shall require compliance as soon as possible. Each schedule shall set
forth dates to accomplish interim requirements leading toward compliance.
Beginning with the date of permit issuance, the time between interim dates
shall not exceed one year. If the time necessary for completion of any interim
requirement is more than one year and is not readily divisible into stages for
completion, the permit shall specify interim dates for the submission of
reports of progress toward completion of the interim requirements and indicate
a projected completion date.
(b)
The first permit issued for a discharge which commences shall not contain a
schedule of compliance. No new or recommencing discharge shall commence
operations or discharge prior to installation and operation of all treatment
works necessary to comply with the effluent limitations established in the
permit.
(8)
Other Conditions. In addition to the conditions
established under 314 CMR 5.10(1) through (7), a permit may include special
conditions as follows:
(a) Requirements for
POTWs to comply with pretreatment provisions under
314 CMR 12.00:
Operation, Maintenance and Pretreatment Standards for Wastewater
Treatment Works and Direct Dischargers, including:
1. The identification, in terms of character
and volume of pollutants, of any significant indirect discharge into the POTW
subject to the prohibitions and standards of
314 CMR
12.08: Prohibitions and Standards for
Discharges to POTWs;
2.
The establishment of a POTW pretreatment program in accordance with
314 CMR
12.09: POTW Pretreatment
Programs, including any necessary schedule of compliance for adoption
of the program;
3. The
incorporation of an approved POTW pretreatment program in the permit;
and
4. The submittal by a POTW of
the reports required by
314 CMR
12.09(3): POTW
Reporting.
(b)
A permit mayimpose similar pretreatment requirements on a PWTF that treats
industrial wastewater if it determines such requirements are necessary to
ensure that the discharge will not:
1.
interfere with the use of the ground water as an actual or potential source of
potable water;
2. cause or
contribute to a violation of
314 CMR 4.00:
Massachusetts Surface Water Quality Standards; or
3. pose a threat to the public health,
safety, welfare, or the environment.
(c) Requirements applicable to the management
of hazardous wastes for treatment works subject to the provisions of
314 CMR 8.00:
Supplemental Requirements for Hazardous Waste Management
Facilities.
(d)
Requirements to control or abate the discharge of pollutants through the
application of best management practices when:
1. Authorized under § 304(e) of the
Federal Act,
33 U.S.C. §
1314(e), for the control of
toxic pollutants and hazardous substances from ancillary and industrial
activities;
2. Numerical effluent
limitations are infeasible; or
3.
The practices are reasonably necessary to achieve effluent limitations and
standards, or to carry out the purposes and intent of Massachusetts Clean
Waters Act, M.G.L. c. 21, §§ 26 through 53.
(e) Requirements to monitor, record, and
report the quality of water at upgradient and downgradient monitoring wells to
determine that the discharge does not impair the use of the ground water as an
actual or potential source of potable water and will not cause or contribute to
a violation of
314 CMR 4.00:
Massachusetts Surface Water Quality Standards.
(f) Requirements to prepare and submit
monthly operating reports under
314 CMR
12.07: Recordkeeping and
Reporting.
(g)
Requirements imposed in grants or loans made by EPA or the Department to POTWs
under the Federal Act or M.G.L. c. 29C which are reasonably necessary for the
achievement of effluent limitations and compliance with all the terms and
conditions of the permit or
314 CMR 5.00.
(h) Requirements governing the disposal of
sludge from treatment works.
(i)
Requirements for the periodic submission of reports regarding the condition and
capacity of a treatment works, including any portion of a sewer
system.
(j) Requirements for the
operation, maintenance, and staffing of treatment works, including but not
limited to, the following:
1. Submission of
an Operation and Maintenance and Staffing Plan (the "Operations and Maintenance
Plan") to the Department for its review and approval at least 90 days before
the facility commences operation or at least 45 days before the permit takes
effect, whichever last occurs. The plan will be presumed approved if the
Department does not issue a written approval, conditional approval, denial or
request for further information within 90 days after submittal. The Operation
and Maintenance Plan shall document how the permittee intends to operate,
maintain and staff the facility in accordance with all applicable requirements
in the permit,
314 CMR 5.00,
257 CMR 2.00:
Certification of Operators of Wastewater Treatment Facilities,
and
314 CMR 12.00:
Operation and Maintenance and Pretreatment Standards for Wastewater
Treatment Works and Indirect Dischargers. The Operation and
Maintenance Plan shall include a preventative maintenance program to ensure
that all equipment is kept in a reliable condition. The Operation and
Maintenance Plan shall include a plan to staff the facility in accordance with
all applicable regulations, including without limitation,
257 CMR 2.00. If the permit
authorizes the use of some or all of the effluent as reclaimed water in
accordance with
314 CMR 20.00:
Reclaimed Water Permit Program and Standards the Operation and
Maintenance Plan shall also include an emergency contingency plan that
establishes standard operating procedures that must be followed when the
reclaimed water does not meet the applicable effluent limitations.
2. Operation of the facility in accordance
with the Operation and Maintenance Plan approved by the Department,
314 CMR 5.00 and
12.00: Operation and
Maintenance and Pretreatment Standards for Wastewater Treatment Works and
Indirect Dischargers.
3.
Submission of a revised Operation and Maintenance Plan whenever there are
proposed modifications to the facility, the standard operating procedures for
the facility, or the staffing of the facility. The plan will be presumed
approved if the Department does not issue a written approval, conditional
approval, denial or request for further information within 90 days after
submittal.
4. Except as otherwise
determined by the Department, implementation of proposed changes only after the
revised Operation and Maintenance Plan is approved by the Department.
5. the permittee intends to enter into a
contract with a third party (the "contract operator"?) for the operation and
maintenance of the facility, at least 90 days prior to the date the contract
operator intends to commence operation of the facility, the permittee shall
submit a draft unsigned contract to the Department for its review and approval.
he contract will be presumed approved if the Department does not issue a
written approval, conditional approval, denial or request for further
information within ninety days after submittal. The contract shall provide that
the contract operator shall operate and maintain the facility in accordance
with the approved Operation and Maintenance Plan,
314 CMR 20.00:
Reclaimed Water Permit Program and Standards,
314 CMR 12.00:
Operation and Maintenance and Pretreatment Standards for Wastewater
Treatment Works and Indirect Dischargers, and
257 CMR 2.00:
Certification of Operators of Wastewater Treatment Facilities.
The permittee shall not execute the contract and authorize the contract
operator to operate the facility unless and until the Department has approved
the contract. The permittee shall notify the department in writing within seven
days of any change in contract operators.
(k)
Use of Effluent as Reclaimed
Water in Accordance with
314 CMR 20.00:
Reclaimed Water Permit Program and
Standards. A permit issued under
314 CMR 5.00 may authorize the
use, sale or distribution of some or all of the effluent from the permitted
facility as reclaimed water, in accordance with
314 CMR 20.00, provided that
the facility is a reclaimed water system as defined in
314 CMR 5.02. Any
such permit shall contain the conditions governing the operation and
maintenance of a reclaimed water system and the treatment, use, sale and
distribution of reclaimed water set forth in
314 CMR 20.00.
(l)
Conditions for Privately
Owned Wastewater Treatment Facilities That Treat at Least Some Sewage from
Residential Uses, Hospitals, Nursing or Personal Care Facilities, Residential
Care Facilities And/or Assisted Living Facilities.
1. A permit for a Privately Owned Wastewater
Treatment Facility (PWTF) that treats at least some sewage from residential
uses, hospitals, nursing or personal care facilities, residential care
facilities, and/or assisted living facilities shall contain the following
additional conditions:
a. The permittee shall
establish, fund and maintain a financial assurance mechanism that provides for
the continued availability of an immediate repair and replacement account to be
used by the permittee solely for the immediate repair and replacement of any
failing components of the PWTF. To create an immediate repair and replacement
account, the permittee shall deposit at least 25% of the estimated construction
cost of the PWTF into an interest bearing escrow account in accordance with the
financial assurance mechanism and
314
CMR 5.15. The escrow agent for the immediate
repair and replacement account shall be a third-party acting in a fiduciary
capacity. On or before January 31st of each year,
the permittee shall submit an annual financial report identifying the initial
and current balances in the immediate repair and replacement account, and
confirming the continuing availability of funds in the account for the purposes
specified in the permit and
314
CMR 5.15. The report shall be prepared in
accordance with generally accepted accounting principles.
b. The permittee shall meet the obligation
to establish all required financial assurance mechanisms by using Department
approved form documents, and shall submit the documents to the Department for
its review and approval.
c. The
permittee shall maintain the current form documents evidencing all required
financial assurance mechanisms approved by the Department. The permittee shall
perform all its obligations under the required financial assurance mechanisms
as approved by the Department.
d.
For purpose of the financial assurance mechanism requirement, the estimated
construction cost of the wastewater treatment facility shall include the cost
of constructing the wastewater treatment plant, collection system, associated
mechanical equipment, but shall not include the land and disposal
area.
2. A permit for a
PWTF that does not treat any sewage from residential uses, hospitals, nursing
or personal care facilities, residential care facilities, or assisted living
facilities may include the conditions set forth in 314 CMR 5.10(8)(k)1. that
require the permittee to establish, fund and maintain a financial assurance
mechanism providing for an immediate repair and replacement account in
accordance with
314
CMR 5.15(4) and (5) if, at
the time of permit renewal or any other time, the Department determines that
establishment and maintenance of a financial assurance mechanism is necessary
to ensure that the PWTF operates in compliance with its permit or
314 CMR 5.00, or to protect
the public health, safety, welfare, or the environment. In making this
determination, the Department shall consider the compliance history of the PWTF
and the risk the PWTF poses to the public health, safety, welfare or the
environment, including without limitation, actual and potential sources of
potable water for a public water system and downgradient, hydrologically
connected surface waters.
(9)
Special Effluent
Limitations. A permit may establish special effluent limitations
less stringent than the water quality based effluent limitations set forth in
314 CMR 5.10(3) and the technology based limitations set forth in 314 CMR
5.10(4), as provided in 314 CMR 5.10(9)(a) through (h), if and only if, it is
demonstrated to the satisfaction of the Department that the special effluent
limitations are sufficient to protect the use of the ground water as an actual
or potential source of potable water, and to protect the use of surface waters
for the designated uses set forth in
314 CMR 4.00:
Massachusetts Surface Water Quality Standards. The Department
shall not issue a permit with special effluent limitations as provided in 314
CMR 5.10(9)(a) through (h), unless it determines, based on a Total Maximum
Daily Load or otherwise, that the discharge will not cause or contribute to a
violation of
314 CMR 4.00.
(a) A permit may establish special effluent
limitations less stringent than the water quality based effluent limitations
listed in 314 CMR 5.10(3)(a) and (b) and the technology based effluent
limitations set forth in 314 CMR 5.10(4)(a), where it is demonstrated to the
satisfaction of the Department that the permitted facility is a treatment works
designed, constructed, operated and maintained for the purpose of restoring a
contaminated ground water and the discharge from such facility will not cause
the ground waters receiving the discharge or any hydrologically connected
downgradient surface waters of the Commonwealth to be further
degraded.
(b) A permit may specify
effluent limitations less stringent than the water quality based effluent
limitations listed in 314 CMR 5.10(3)(a) and (b) where it is demonstrated to
the satisfaction of the Department that natural background conditions preclude
the ground water receiving the discharge from meeting the water quality based
effluent limitations listed in 314 CMR 5.10(3)(a) and (b).
(c) An individual permit for a discharge of
an effluent resulting from the treatment of sewage by a treatment works may
specify effluent limitations less stringent than the water quality based
effluent limitations listed in 314 CMR 5.10(3)(a) and (b) and the technology
based effluent limitations specified in 314 CMR 5.10(4)(a), where it is
demonstrated to the satisfaction of the Department that all the following
conditions are met:
1. The ground water is not
an underground source of drinking water because it does not currently serve as
a source of drinking water and it cannot serve as a source of public drinking
water now or in the future because:
a. it is
used to produce mineral, hydrocarbon or geothermal energy,
b. it is so contaminated or is located at a
depth or location that it would be economically or technologically infeasible,
or
c. it is not fit for human
consumption.
2. The
proposed discharge will not present an actual or potential public health
hazard.
3. The proposed discharge
will not cause the water quality of any public or private water supply to
violate the maximum contaminant limits set forth in
310 CMR
22.00: Drinking Water.
(d) In determining whether an
applicant has made the demonstration required by 314 CMR 5.10(9)(c), the
Department shall, at a minimum, consider the following factors:
1. the volume and physical, chemical, and
biological characteristics of the waste in the proposed discharge;
2. the nature and extent of the area that may
be affected by the potential movement of the contaminant plume that may result
from the proposed discharge (the potentially impacted area);
3. the hydrological characteristics of the
potentially impacted area and its connection to hydrologically connected
downgradient ground waters and surface waters;
4. the existing quantity and quality of
ground water and surface water in the impacted area; and
5. the proximity of the proposed discharge to
surface waters and to ground water withdrawals including without limitation
wells for public water systems and private water supply wells.
(e) An individual permit for the
discharge of a liquid effluent resulting from the treatment of sewage at a
treatment works may require the discharge to meet the water quality based
limitation for nitrate nitrogen and total nitrogen of 10 milligrams per liter
at selected monitoring wells located along the downgradient property boundary
instead of at the point of discharge, if the discharger completes a nitrogen
analysis in accordance with Department guidelines and demonstrates to the
satisfaction of the Department that:
1. The
water quality based limitation for nitrate nitrogen and total nitrogen of 10
milligrams per liter will be met at all points at which the discharge will
reach any ground water source of potable water for a public water system, or
any private water supply well; and
2. The discharge is not within a Zone I, Zone
II, Interim Wellhead Protection Area, Private Water Supply Area, Zone A, sole
source aquifer, potentially productive aquifer, or any nitrogen sensitive area
designated by the Department in accordance with
310 CMR
15.215: Designation of Nitrogen
Sensitive Areas.
3. The
discharge complies with the requirements of the Water Resource Bureau's Interim
Policy entitled Nutrient Loading Approach to Wastewater Permitting and
Disposal, dated August 20, 1999. Notwithstanding the foregoing, the
Department may modify any ground water discharge permit that has requirements
based on the Interim Policy to include additional conditions or more stringent
requirements when the ground water discharge permit is renewed, or at any other
time that the Department determines such additional conditions are necessary
for the protection of the public health, safety, welfare or the
environment.
(f) An
individual permit for a discharge of a liquid effluent resulting from the
treatment of sewage at a treatment works may require the discharge to meet
effluent limitations for nitrate nitrogen and total nitrogen of five mg/l at
selected monitoring wells located along the down gradient property boundary in
lieu of meeting the applicable effluent limitation for nitrate
nitrogen and total nitrogen set forth in 314 CMR 5.10(3), (4)(a)1. and (4A) at
the point of discharge, if the discharger completes a nitrogen analysis in
accordance with Department guidelines and demonstrates to the satisfaction of
the Department that:
1. The discharge is
located within a Zone II, Interim Wellhead Protection Area, Private Water
Supply Area, Zone A, a sole source aquifer, a potentially productive aquifer,
or a nitrogen sensitive area designated by the Department in accordance with
310 CMR
15.215: Designation of Nitrogen
Sensitive Areas;
2. The
applicable water quality based limitations and the technology based limitations
for nitrate nitrogen and total nitrogen set forth in 314 CMR 5.10(3), (4)(a)1.
and 5.10(4A) will be met at all points at which the discharge will reach any
ground water source of potable water for a public water system or any private
water supply well;
3. The treatment
works was in existence and permitted prior to March 20, 2009.
4. There is no increase in the volume of the
discharge or amount of pollutants discharged above that authorized by the
permit issued prior to March 20, 2009; and
5. The discharge complies with the
requirements of the Water Resource Bureau's Interim Policy entitled
Nutrient Loading Approach to Wastewater Permitting and
Disposal, dated August 20, 1999. Notwithstanding the foregoing, the
Department may modify any ground water discharge permit that has requirements
based on the Interim Policy to include additional conditions or more stringent
requirements when the ground water discharge permit is renewed, or at any other
time that the Department determines such additional conditions are necessary
for the protection of the public health, safety, welfare or the
environment.
(g) A
permit issued pursuant to 314 CMR 5.10(9)(e) or (f) may impose additional
effluent limitations and require the implementation of additional measures to
protect the ground water as an actual or potential source of potable water and
surface waters for their existing and designated uses. Such additional effluent
limitations and measures include, but are not limited to, limitations on the
total pounds of nitrate nitrogen and/or total nitrogen discharged to the site
over a calendar year, limitations on parameters in addition to nitrate nitrogen
and total nitrogen, monitoring of parameters in addition to nitrate nitrogen
and total nitrogen at the point of discharge and/or at selected monitoring
wells along the property line, land use controls, best management practices,
and household hazardous waste collection. If a permit is issued pursuant to 314
CMR 5.10(9)(e) or (f) for a discharge from a treatment works in existence prior
to March 20, 2009, there shall be no reduction in the level of treatment from
that provided prior to March 20, 2009.
(h) An individual permit for the discharge of
an effluent resulting from the treatment of sewage at a seasonal wastewater
treatment facility in existence as of March 20, 2009, that is not located
within a Zone II, Interim Wellhead Protection Area, Private Water Supply Area,
or nitrogen sensitive area designated by the Department in accordance with
310 CMR
15.215: Designation of Nitrogen
Sensitive Areas, may establish special effluent limitations as
follows. The special effluent limitations shall restrict the total pounds of
biochemical oxygen demand, total suspended solids, nitrate nitrogen and total
nitrogen discharged to the ground from the treatment works over a calendar year
to the total pounds of the aforementioned pollutants that would have been
discharged during such calendar year, if the discharge occurred throughout the
year in compliance with the more stringent of the water quality based effluent
limitations and the technology based limitations set forth in 314 CMR 5.10(3)
and (4)(a), provided that it is demonstrated to the Department's satisfaction
that the water quality based limitations set forth in 314 CMR 5.10(3)(a) and
(b) will be met at all points where the discharge will reach any source for a
public water system or any private water supply well.