Current through Register 1531, September 27, 2024
(1) The permits
required by 360 CMR 10.000 are in addition to permits that may be required by
other federal, state, or local laws or regulations. The following permits are
required by 360 CMR 10.000:
(a)
Sewer Use Discharge Permit. Any Person who directly or
indirectly discharges Industrial Wastewater or other Industrial Waste to the
Authority Sewerage System, or whose operation within the Authority Sewerage
District (regardless of whether the operation discharges to the Authority
Sewerage System) is subject to a National Categorical Pretreatment Standard, is
required to have a Sewer Use Discharge Permit issued by the Authority and the
appropriate Municipality, unless specifically exempted by 360 CMR 10.000 from
the requirement to have a permit. This requirement to have a Permit includes
Persons who discharge Industrial Waste into a septic or other holding tank
whose contents are transported and discharged to the Authority Sewerage System.
A Person issued a Group Permit, General Permit, or Combined Permit is not
required to have a Sewer Use Discharge Permit for the discharge covered by the
Group Permit, General Permit, or Combined Permit.
(b)
Septage Discharge
Permit. Any Person who commercially pumps, transports, or
discharges Septage and/or Industrial Waste mixed with Septage and who directly
or indirectly discharges Septage and/or Industrial Waste mixed with Septage to
the Authority Sewerage System is required to have a Septage Discharge Permit
issued by the Authority.
(c)
Direct Connection Permit. Any Person seeking to make
or modify a direct connection to the Authority Sewerage System is required to
have a Direct Connection Permit for such a connection issued by the
Authority.
(d)
Municipal Permit. Any Municipality that connects a
Sewer to the Authority Sewerage System is required to have a Municipal Permit
issued by the Authority.
(e)
Landfill Permit. Any Person who directly or indirectly
discharges Landfill Leachate to the Authority Sewerage System is required to
have a Landfill Permit issued by the Authority.
(f)
Temporary Construction Site
Dewatering Permit. Any Person who directly or indirectly
discharges Wastewater from a construction site to the Authority Sewerage System
is required to have a Temporary Construction Site Dewatering Permit issued by
the Authority and appropriate Municipality.
(g)
Group Permit.
Any Person who is required to be covered by a Group Permit is required to have
that Group Permit to discharge Industrial Waste directly or indirectly to the
Authority Sewerage System. The following Group Permits are in effect:
360 CMR
10.061: Group Permit for Photo
Processing and Printing Operations;
360 CMR
10.063: Group Permit for Food
Processing; and 360 CMR 10.065: Group Permit for Dental
Discharges.
(h)
Combined Permit. Any Person who is required to be
covered by
360
CMR 10.064: Combined Permit
is required to have that Combined Permit to discharge Industrial Waste directly
or indirectly to the Authority Sewerage System.
(i)
General Permit.
Any Person who is required to be covered by
360 CMR
10.062: General Permit for Low Flow
and Low Pollutant Dischargers is required to have that General Permit
to discharge Industrial Waste, directly or indirectly, to the Authority
Sewerage System.
(2)
Alternative Permit. Notwithstanding any provision of
360 CMR 10.000 to the contrary, the Authority may issue a Sewer Use Discharge
Permit in the place of a Group, General, or Combined Permit if in the
Authority's judgment:
(a) the Group, General,
or Combined Permit would provide insufficient requirements to regulate the
Person's discharge appropriately due to the special nature of the Person's
process or pretreatment system; or
(b) it has insufficient information to
determine if the Person is eligible for the Group, General, or Combined
Permit.
(3)
Permit Terms and Conditions. The Authority may include
terms and conditions as necessary to comply with federal and state requirements
including, without limitation, self-monitoring, reporting, and recordkeeping
requirements, and effluent limits, or Best Management Practices, or both, based
on applicable general Pretreatment Standards in 40 CFR Part 403, National
Categorical Pretreatment Standards, requirements of the Massachusetts
Department of Environmental Protection, and all requirements and discharge
limits of 360 CMR 10.000.
(4)
No Permit Required. Unless specifically required to
have a Permit by 360 CMR 10.000, the following do not require a Permit:
(a) Restaurants, cafeterias, and other food
preparation facilities that chiefly prepare meals and snacks for consumption on
their premises or for take-out by individuals.
(b) Supermarkets, groceries, and other
facilities that are chiefly retail purveyors of food to individuals.
(c) Coin operated laundromats; laundries that
do not wash any of the following:
1.
industrial, hospital/clinic, or commercial uniforms, wipers, mats, or
mops;
2. industrial,
hospital/clinic, or commercial linens;
3. diapers; or
4. carpets.
Dry cleaners do not require a permit for the discharge from
their washing machines if they do not use their washing machines to wash
industrial, hospital/clinic, or commercial uniforms, wipers, mats, or mops;
industrial, hospital/clinic, or commercial linens; diapers; or carpets, but may
not discharge cleaning solvents (e.g., perchloroethylene),
including solvents in their cooling water discharge.
(d) Commercial facilities that
discharge only human and domestic wastes.
(e) Persons who do not discharge Industrial
Waste.
(f) A onetime only Discharge
that receives prior written approval of the Authority. A request for a onetime
only Discharge may be granted if the discharge meets the Authority's limits and
regulations, will not have an adverse impact on the Authority Sewerage System
or a Municipal Sewer, and if there is adequate capacity for the Discharge. A
request to Discharge uncontaminated water will be denied unless the discharger
has no reasonable alternative. Written approval may be granted by letter, with
the approval of the Municipality, if there are no necessary conditions on the
Discharge other than the location, volume, time and duration of the Discharge,
and the general requirement to meet Authority limits. A permit is necessary, or
an existing permit must be modified, if there are conditions appropriate for
the Discharge in addition to location, volume, time, duration and meeting
Authority limits, such as sampling, reporting or pretreatment.
(g) Other discharges otherwise specifically
exempted by 360 CMR 10.000 from the requirement to have a Permit.
(5) A person shall not
discharge or operate without having been issued the appropriate permit for the
discharge, or with an expired, suspended, or revoked permit.
(6) A permit shall not be assigned or
transferred without prior written approval of the Authority. After the
Authority's approval of a permit assignment or transfer, the permittee shall
provide a copy of the permit to the assignee or transferee.
(7) All Permits except a Direct Connection
Permit shall contain an expiration date, which in no case shall be more than
five years from the date of issuance. If a permittee files a complete and
accurate application or Notice of Intent to renew a permit no later than 60
days before the expiration date of the permit, the permit shall not expire
until a new permit is issued, the application or notice is denied, or the
permit duration exceeds five years from the date of issuance, whichever occurs
first.
(8) The Authority may modify
a permit as it deems necessary or appropriate or as required by state or
federal law.
(9) A permittee may
appeal the terms and conditions in an issuance, renewal, or modification of its
Permit, and an applicant may appeal the denial of a Permit, pursuant to the
procedures of
360
CMR 2.21: Appeals of Notices of
Noncompliance, Orders, Permits and Permit Actions, except a Person may
not appeal the standard terms and conditions of a Group Permit, General Permit,
or Combined Permit.
(10) The
Authority may enforce, pursuant to St. 1984, c. 372 and St. 1987, c. 307, its
regulations, and other applicable local, state, and federal laws, the terms and
conditions of a permit issued under 360 CMR 10.000. Enforcement actions for
violating a term or condition of a permit may include those actions authorized
by 360 CMR 2.00: Enforcement and Administrative Penalties and
those actions authorized by federal and state laws and regulations. In
addition, a Municipality may enforce the terms and conditions of a permit which
it issued jointly with the Authority, and the terms and conditions of a Group,
General, or Combined Permit issued by the Authority to a Person discharging to
its Municipal Sewer.
(11) The
issuance of a permit by the Authority shall not relieve the permittee of its
obligation to comply with all applicable laws and regulations, including the
Federal Water Pollution Control Act,
33 USC §
1251
et seq., and federal
regulations promulgated thereunder, the Massachusetts Clean Waters Act, M.G.L.
c. 1, § 26 et seq., and Massachusetts regulations
promulgated thereunder, and 360 CMR 10.000, unless specifically modified by the
permit.
(12) 360 CMR 10.000 shall
not be construed to require the Authority to permit itself for Authority
activities done to carry out the Authority's responsibilities under any federal
or state laws, regulations, or requirements.
