Current through Register 1531, September 27, 2024
(1) A person owning, operating, or proposing
to own or operate, a Privately Owned Wastewater Treatment Facility (PWTF) who
applies for an individual permit or general permit coverage under
314 CMR 5.00 to construct,
install, modify, operate or maintain a PWTF shall demonstrate to the
Department's satisfaction compliance with the requirements of 314 CMR
5.15(1)(a) through (c) by signing and submitting with the permit application a
Certification for PWTFs, and a Supplemental Certification for PWTFs (when
applicable), in accordance with 314 CMR 5.15(7), in addition to the
Certification required by
314
CMR 5.14(3).
(a) A single entity (the "single responsible
entity") shall be the permittee responsible for the operation of the facility,
including reporting, monitoring, maintenance, repair and replacement of the
PWTF.
(b) Except as otherwise
provided in
314
CMR 5.12(5), the single
responsible entity shall not change its organizational arrangements, nor sell,
assign, or transfer the PWTF without the prior written approval of the
Department.
(c) The single
responsible entity shall own or control the land on which the PWTF is located,
and shall own or control land, or obtain easements that provide access to:
1. the land on which the PWTF is
located;
2. the wastewater
collection system and any associated appurtenances;
3. all land within ten feet of any component
of the collection system; and
4.
the land area surrounding the disposal system that is essential to system
operation and maintenance.
(2) If the privately owned wastewater
treatment facility treats wastewater generated by activities that are owned or
controlled by persons other than the single responsible entity, the applicant
shall also demonstrate to the Department's satisfaction compliance with the
requirements of 314 CMR 5.15(2)(a) and (b) by signing and submitting with the
permit application a Certification for PWTFs, and a Supplemental Certification
for PWTFs (when applicable), in accordance with 314 CMR 5.15(7), in addition to
the Certification required by
314
CMR 5.14(3).
(a) All stakeholders shall share the
financial and operational responsibilities for the PWTF required by
314 CMR 5.00.
(b) The single responsible entity shall have
the authority to institute a user charge system sufficient to generate adequate
revenue, and to enforce such assessments against users in a manner equivalent
to a municipal fee, tax or betterment assessment.
(c) For purpose of 314 CMR 5.15(2),
stakeholders shall include the persons who own or
control or will own or control any activities that result in the discharge of
pollutants. If the PWTF treats sewage so that it may be used as reclaimed water
in accordance with
314 CMR 20.00:
Reclaimed Water Permit Program and Standards,
stakeholder may also include any persons who own or
control the activities that are involved in the use, sale, distribution, or
offering for use, sale or distribution of the effluent from the PWTF as
reclaimed water in accordance with
314 CMR 20.00.
(d) If the PWTF treats at least some sewage
from residential uses, hospitals, nursing or personal care facilities,
residential care facilities, or assisted living facilities, the obligation of
all stakeholders to share in the financial and operational responsibilities for
the PWTF shall include, without limitation, the obligation to establish, fund
and maintain a financial assurance mechanism that provides for an immediate
repair and replacement account. Notwithstanding the foregoing, persons who
agree to have their wastewater treated at a PWTF instead of an on-site
subsurface sewage disposal system permitted by
310 CMR 15.000: The
State Environmental Code, Title 5: Standard Requirements for the Siting,
Construction, Inspection, Upgrade and Expansion of On-site Sewage Treatment and
Disposal Systems and for the Transport and Disposal of Septage as
part of a plan to mitigate the environmental impacts of the PWTF or ensure that
effluent from the PWTF will not cause or contribute to a violation of
314 CMR 4.00:
Massachusetts Surface Water Quality Standards, are not
stakeholders as defined in 314 CMR 5.15(2). Such persons are not required to
share all the financial and operational responsibilities for the PWTF
including, if applicable, the obligation to establish, fund and maintain
financial assurance mechanisms that provide for an immediate repair and
replacement account.
(3)
If the PWTF does not treat any sewage from residential uses, hospitals, nursing
or personal care facilities, residential care facilities, or assisted living
facilities, and is not required to establish a financial assurance mechanism
pursuant to 314 CMR 5.15(6), the applicant may, in lieu of making the
demonstration required by 314 CMR 5.15(1), submit to the Department, together
with the Certification for PWTFs and, when applicable, the Supplementary
Certification for PWTFs, a signed statement identifying all persons who own,
control or have a substantial interest in the treatment works, an activity
resulting in the discharge of pollutants, and the land on which the treatment
works is located. In that event, the Department may require that any party who
owns or controls the treatment works, an activity resulting in the discharge of
pollutants, or the land on which the treatment works is located, shall be a
permittee who is jointly and severally responsible for the operation of the
treatment works in compliance with the permit, if the Department determines
that including said person as a permittee is a necessary or appropriate means
of protecting the public health, safety, welfare, or the environment, or to
ensure that the treatment works and the discharge complies with the permit or
314 CMR 5.00.
(4) A permittee responsible for the operation
of a PWTF that treats at least some sewage from residential uses, hospitals,
nursing or personal care facilities, residential care facilities, or assisted
living facilities shall establish, fund and maintain financial assurance
mechanisms to insure the Department that the permittee is capable of operating
the facility in accordance with
314 CMR 5.00 and the permit.
The permittee shall meet this obligation by completing the appropriate
Department-approved form documents to establish the financial assurance
mechanisms and shall file with the Department and maintain the current
Department-approved form documents constituting or evidencing compliance with
this obligation. The Department shall not authorize the permittee to operate a
PWTF that treats at least some sewage from residential uses, hospitals, nursing
or personal care facilities, residential care facilities, or assisted living
facilities, and the permittee shall not operate said facility, unless and
until: the Department has approved all required financial assurance mechanisms;
the required financial assurance mechanisms are in full force and effect; and
the permittee has made all financial contributions required by the financial
assurance mechanisms. The permittee shall perform all its obligations under the
required financial assurance mechanisms approved by the Department.
(5) A permittee responsible for the operation
of a PWTF that treats at least some sewage from residential uses, hospitals,
nursing or personal care facilities, residential care facilities, or assisted
living facilities shall establish, fund and maintain a financial assurance
mechanism in the form of an escrow agreement developed by the Department for
such purpose that provides for an immediate repair and replacement account in
accordance with 314 CMR 5.15(5)(a).
(a)
Immediate Repair and Replacement Account. The
immediate repair and replacement account shall contain adequate funds to
correct any unanticipated problem immediately so that any disruption of
operation is minimized, and a violation of the terms and conditions contained
in the permit does not occur. Prior to conducting the clear water test for a
new PWTF that treats at least some sewage from residential uses, hospitals,
nursing or personal care facilities, residential care facilities, or assisted
living facilities, the permittee shall place in the immediate repair and
replacement account an amount equal to at least 25% of the estimated
construction cost of the PWTF. At least 30 days prior to renewal or transfer of
a permit for an existing PWTF that treats at least some sewage from residential
uses, hospitals, nursing or personal care facilities, residential care
facilities, or assisted living facilities, sufficient funds shall be placed in
the immediate repair and replacement account so that the total amount in the
account equals at least 25% of the estimated construction cost of the PWTF. All
permittees responsible for the operation of a PWTF that treats at least some
sewage from residential uses, hospitals, nursing or personal care facilities,
residential care facilities, or assisted living facilities shall keep an amount
equal to at least 25% of the estimated construction cost of the PWTF in the
immediate repair and replacement account and shall replenish the account within
90 days of any disbursement. An applicant or permittee may obtain additional
time to establish or replenish the account, if a request is submitted to the
Department providing sufficient justification for the extension and if the
Department approves the request in writing.
(b) The estimated construction cost of the
wastewater treatment facility shall include the cost of constructing the
wastewater treatment plant, the collection system and all mechanical equipment
associated with the wastewater treatment plant and collection system, but shall
not include the cost of the land or disposal area.
(6) The Department may require a PWTF that
does not treat any sewage from residential uses, hospitals, nursing or personal
care facilities, residential care facilities, or assisted living facilities to
establish, fund and maintain a financial assurance mechanism that provides 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, funding 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, 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 public water systems, private water supply wells, and
downgradient hydrologically connected surface waters.
(7) A Certification for PWTFs and, if
applicable, a Supplemental Certification for PWTFs, as described in 314 CMR
5.15(1) and (2), shall be submitted on forms provided by the Department with
the appropriate permit applications. If applicable, a signed statement as
described in 314 CMR 5.15(3) shall also be submitted with the appropriate
permit applications. These documents shall be signed and dated by the applicant
in accordance with
314
CMR 5.14(1).
(a) By signing these documents, the applicant
acknowledges it is their responsibility to:
1.
understand and comply with the requirements for PWTFs set forth in 314 CMR
5.15(1) through (3), and in related provisions of
314 CMR 5.00;
2. ensure that all pertinent documents,
instruments, records, and information have been compiled, evaluated, and or
established in order to provide the certifications; and
3. consult with legal, technical and other
qualified professionals, as needed, to understand and comply with the
requirements of 314 CMR 5.15, and to provide the certifications.
(b) At the time of completing the
Certification for PWTFs, the applicant shall certify that they have fully and
completely satisfied and complied with all requirements set forth in 314 CMR
5.15(1) through (3), as applicable, or that they will be able to satisfy those
requirements in the future. If the applicant chooses future certification, they
shall also submit a Supplemental Certification for PWTFs no later than 60 days
from the date of the application, unless they request in writing and the
Department agrees to a later date that precedes the issuance of a notice of a
draft permit under
314 CMR
2.06: Public Notice and
Comment.
(c) The
Department, in its sole discretion, may require the applicant to submit
additional information in support of the Certification required by
314
CMR 5.14(3), the
Certification for PWTFs, or the Supplemental Certification for PWTFs, in order
to demonstrate to the Department's satisfaction that the applicant has complied
with the requirements of 314 CMR 5.15(1) through (3).
(d) The applicant shall maintain a copy of
all records, regardless of form (e.g., printed, electronic)
upon which they rely in making the certification(s) that the applicable
requirements of 314 CMR 5.15(1) through (3) have been met. Such records shall
include without limitation all documents, instruments, 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 with to certify compliance with 314 CMR 5.15(1) through
(3).
