Code of Massachusetts Regulations
314 CMR - DIVISION OF WATER POLLUTION CONTROL
Title 314 CMR 7.00 - Sewer System Extension And Connection Permit Program
Section 7.05 - Activities Not Requiring a Permit

Universal Citation: 314 MA Code of Regs 314.7

Current through Register 1531, September 27, 2024

(1) The following sewer extensions and sanitary sewer connections are not required to obtain or renew a permit under 314 CMR 7.00 and M.G.L. c. 21, § 43(2), provided that the connection or extension, as applicable, meets all the conditions of the applicable sections in 314 CMR 7.05(1), as determined by the Department:

(a) Sewer Extensions. Any sewer extension to a sewer system that meets the following criteria:
1.the sewer extension has been designed in accordance with TR-16 and applicable Department policies;

2.the sewer extension has been permitted by the local or regional sewer authority and the permittee for such extension is in compliance with the local or regional permit, including, where applicable, any infiltration/inflow removal requirements contained therein;

3.where applicable, the permittee has complied with the requirements of MEPA and the MA Historical Commission; and

4.for a sewer extension that includes a privately owned pump station, the owner of such pump station has satisfied any requirements imposed by the local or regional sewer authority in its permit for the ownership, operation and maintenance, financial assurance for emergency repair and long-term replacement, or other conditions applicable to the pump station.

(b) Existing Sanitary and Industrial Sewer Connections Previously Permitted by the Department. Existing sanitary and industrial sewer connections for which permits have been issued by the Department and which have been constructed, effected and maintained in accordance with that permit. Any increase in flow above the permitted discharge through such connections is also authorized without permit, provided such increase in flow meets all applicable requirements of 314 CMR 12.00: Operation and Maintenance and Pretreatment Standards for Wastewater Treatment Works and Indirect Dischargers, all requirements of federal law, and all local requirements.

(c) New Sewer Connections. Any new sanitary sewer connection or industrial sewer connection from a facility with an SIC code not listed in 314 CMR 7.17, or increase in such flows to an existing sewer connection, provided that such sewer connection meets all of the following:
1.the sewer connection has been permitted by the local or regional sewer authority and the permittee for such connection is in compliance with the local or regional permit, including, where applicable, any infiltration/inflow removal requirements contained therein;

2.where applicable, the permittee has complied with the requirements of MEPA and the MA Historical Commission; and

3.for a sewer connection that includes a privately owned pump station, the owner of such pump station has satisfied any requirements imposed by the local or regional sewer authority in its permit for ownership, operation and maintenance, financial assurance for emergency repair and long-term replacement, or any other conditions applicable to the pump station.

(d) Industrial Users as Part of Emergency Response Action: Any new and/or existing sewer connection and/or extension which discharges to the sewer system in compliance with the written instructions of an On-Scene Coordinator pursuant to 33 CFR Part 153 - Control of Pollution by Oil and Hazardous Substances, Discharge Removal and 40 CFR Part 300, Subchapter J - Superfund, Emergency Planning, and Community Right-to-know Programs, Subparts B and C, or if conducted as an Immediate Response Action in compliance with M.G.L. c. 21E and the regulations promulgated thereunder, 310 CMR 40.0000: Massachusetts Contingency Plan, or if approved in writing by the Department, the Commissioner, or their designees, as necessary to abate, prevent, or eliminate an imminent hazard to the public health, safety, welfare, or the environment is not subject to permit requirements; provided, however the indirect discharger has approval for the connection and discharge from both the entity controlling the sewer system and the entity controlling the POTW.

(e) Industrial Users as Part of Waste Site Cleanup Actions. Any new and/or existing sewer connection and/or extension which discharges to the sewer system in compliance with the provisions of M.G.L. c. 21E and 310 CMR 40.0000: Massachusetts Contingency Plan, provided, however, that:
1.prior to the date of commencement of the discharge, the Department, Commissioner, or their designees, or the Commonwealth did not issue an order prohibiting further connections or increased flows to the sewer system to which the connection is made or, if such an order has been issued, the connection or extension is in compliance with the terms of that order;

2.the discharger has approval for the connection and discharge from both the entity controlling the sewer system and the entity controlling the POTW; and

3.the discharger complies with applicable effluent limitations.

(f) Industrial Users That Discharge to a IPP-POTW. Any Industrial User listed in 314 CMR 7.17 that discharges industrial wastewater or increases its flow to a IPP-POTW provided it complies with the following:
1.the sewer connection has been permitted by the local or regional sewer authority and the permittee for such connection is in compliance with the local, and/or regional permit, including, where applicable, any infiltration/inflow removal requirements contained therein; and

2.the industrial user complies with the applicable requirements in 314 CMR 12.00: Operation and Maintenance and Pretreatment Standards for Wastewater Treatment Works and Indirect Dischargers and applicable Federal Pretreatment Requirements.

(g) Industrial Users that discharge less than 25,000 gallons per day to a Non IPP-POTW: Any Industrial User that discharges industrial wastewater or increases its flow to a Non IPP-POTW provided that such discharge or increase in flow does not result in a discharge greater than 25,000 gallons per day, and provided it complies with the following:
1.the sewer connection has been permitted by the local or regional sewer authority and the permittee for such connection is in compliance with the local and/or regional permit, including, where applicable, any infiltration/inflow removal requirements contained therein; and

2.the industrial user complies with the applicable requirements in 314 CMR 12.00: Operation and Maintenance and Pretreatment Standards for Wastewater Treatment Works and Indirect Dischargers and applicable Federal Pretreatment Requirements.

(h) Industrial Users for which a permit has been issued discharging to a Non-IPP-POTW: Any Industrial User with an SIC Code listed in 314 CMR 7.17 that:
1.discharges greater than 25,000 gpd to a Non IPP-POTW and has, as of April 25, 2014, an existing sewer connection permit issued by the Department; or

2.receives a sewer connection permit from the Department subsequent to April 25, 2014, does not have to renew that permit provided that:
a.the sewer connection is permitted by the local and/or regional authority and the permittee for such connection is in compliance with the local or regional permit;

b.the permittee is in compliance with 314 CMR 12.00: Operation and Maintenance and Pretreatment Standards for Wastewater Treatment Works and Indirect Dischargers; and

c.there has been no change in wastewater characteristics.

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