Code of Massachusetts Regulations
314 CMR - DIVISION OF WATER POLLUTION CONTROL
Title 314 CMR 5.00 - GROUND WATER DISCHARGE PERMIT PROGRAM
Section 5.13 - General Permits

(1) The Department may issue general permits that authorize one or more types of discharges and the construction, operation, and maintenance of associated treatment works by multiple dischargers who have properly applied for and obtained coverage under the appropriate general permit. General permits may require dischargers to also employ best management practices.

(2) The Department may limit the scope of a general permit to discharges within a particular geographic area, or exclude discharges in a specified geographic area from coverage under a general permit.

(3) The Department may issue, modify or revoke a general permit in accordance with applicable provisions of 314 CMR 2.00: Permit Procedures and 5.00. The Department may make a minor modification of a general permit without following the procedures set forth in 314 CMR 2.00 to correct typographical errors.

(4) Dischargers who previously obtained an individual permit and seek to be covered by a general permit in lieu of an individual permit, and proposed dischargers who seek to be covered by a general permit, shall submit to the Department a notice of intent requesting coverage under the general permit in accordance with the requirements of the appropriate general permit, 314 CMR 2.00: Permit Procedures and 5.00. A discharger who fails to submit a notice of intent in accordance with the terms of the general permit, 314 CMR 2.00 and 5.00, is not authorized to discharge under the general permit. In general, the filing of a complete and timely notice of intent fulfills the requirements for permit applications for purposes of 314 CMR 5.09A.

(5) The Department will specify the contents of the notice of intent in the general permit and require the submission of information deemed necessary for the Department to adequately implement and oversee compliance with the general permit, including, at a minimum, the legal name and address of the owner or operator, the facility name and address, type of facility or discharge, and the location of the discharge.

(6) The Department will specify in the general permit the deadlines for submitting notices of intent to be covered and the date(s) when a discharger is authorized to discharge under the general permit.

(7) The Department will specify in the general permit whether a discharger that has submitted a complete and timely notice of intent, and is eligible for coverage under the general permit, is authorized to discharge in accordance with the general permit either: upon the receipt of the notice of intent by the Department; after a waiting period specified in the general permit; on a date specified in the general permit; or upon receipt of notification by the Department.

(8) The Department may require any person seeking coverage under a general permit, or authorized to discharge under a general permit, to apply for and obtain an individual permit or an alternative general permit. Circumstances in which the Department may require an individual permit or an alternative general permit include, but are not limited to, the following:

(9) In lieu of requiring a discharger covered or seeking coverage under a general permit to obtain an individual permit, the Department may direct such discharger to undertake additional control measures, best management practices or other actions to ensure compliance with the general permit, achieve or maintain compliance with 314 CMR 4.00: Massachusetts Surface Water Quality Standards, protect the use of the ground water as an actual or potential source of potable water, or protect the public health, safety, welfare, or the environment. The Department may also require the discharger to replace damaged monitoring wells, install additional monitoring wells, to monitor for additional parameters, or perform more frequent monitoring if it determines that such requirements are necessary to protect the public health, safety, welfare, or the environment. The Department may exercise its authority to require the discharger to take the above actions by requiring the discharger to request coverage under an alternative general permit, by taking an enforcement action against the discharger, or by other means.

(10) Where the Department requires a discharger covered or seeking coverage under a general permit to apply for an individual permit or request coverage under an alternative general permit, the Department shall notify the permittee in writing that an individual permit or alternative general permit application is required as applicable. The Department's notification will include a brief statement of the reasons for the Department's action, the applicable form, a statement setting a deadline for the permittee to file the application for an individual permit or submit the notice of intent requesting coverage under the alternative general permit, and a statement that on the effective date of issuance or denial of the individual permit or alternative general permit as it applies to the particular permittee, coverage under the general permit shall automatically cease. The Department may grant additional time to submit the application or notice of intent upon request of the applicant. If a permittee fails to submit an individual permit application or a notice of intent requesting coverage under a general permit within the deadline set forth in its notification, the effectiveness of the general permit as applied to the discharger may be terminated as follows:

(11) At least 180 days prior to the expiration of a general permit, a permittee covered by a general permit shall file a notice of intent requesting continued coverage under the general permit, or file an application for an individual permit. If the facility is a POTW or a PWTF that discharges effluent as the result of the treatment of sewage only that has been in operation for 14 years or more, the Department may require the permittee to submit an engineering report that meets the requirements of 314 CMR 5.12(7) at least 180 days prior to the expiration of the permit so that the Department may determine whether the discharge may be adequately controlled under the general permit, or whether an individual permit or alternative general permit is required.

(12) In the event that the Department does not reissue a general permit prior to its expiration date, the general permit will be administratively continued and remain in full force and effect as to any particular permittee as follows. The Department may grant coverage under the general permit to any person who submitted a notice of intent requesting coverage under the general permit prior to the expiration date of the permit. The Department may also grant coverage under a general permit to a person who submitted a notice of intent after the expiration of the permit while the permit is administratively continued, if that person meets all other terms and conditions of the permit. Any permittee who was granted coverage prior to the expiration date, or as provided in 314 CMR 5.13(12), will automatically remain covered by the continued permit until the earlier of:

(13) Any person who has been granted coverage under a general permit who thereafter seeks to use, sell, distribute or offer for use, sale, or distribution some or all of the effluent from the covered facility as reclaimed water in accordance with 314 CMR 20.00: Reclaimed Water Permit Program and Standards shall apply for an individual permit at least 180 days prior to the date that the use, sale, distribution or offering for sale, use or distribution of the effluent as reclaimed water is proposed to commence. The Department will not authorize the use, sale or distribution of the effluent from a treatment works as reclaimed water under a general permit.