Code of Massachusetts Regulations
360 CMR - MASSACHUSETTS WATER RESOURCE AUTHORITY
Title 360 CMR 10.000 - Sewer Use
GROUP AND GENERAL PERMITS
Section 10.065 - Group Permit for Dental Discharges

Universal Citation: 360 CMR 10.000 MA Code of Regs 10.065

Current through Register 1531, September 27, 2024

(1) No Person shall Discharge into the Authority Sewerage System, any Industrial Waste required to be covered by the Group Permit for Dental Discharges, unless such Discharge complies with such Group Permit issued to the discharger. This includes Industrial Waste that is hauled for Discharge to a Sanitary Sewer within the Authority Sewerage District.

(2) For purposes of 360 CMR 10.065, Dental Discharges shall be defined as discharges from a Facility where the practice of dentistry is performed including, but not limited to, institutions, permanent or temporary offices, clinics, home offices, and facilities owned and operated by Federal, state, or local governments, that discharges to a Sanitary Sewer, or to a septic system or holding tank whose contents are hauled for Discharge to a Sanitary Sewer in the Authority Sewerage District.

(3) A Person performing dental operations is covered by the Group Permit for Dental Discharges if its Discharge of Industrial Waste to a Sanitary Sewer in the Authority Sewerage District consists solely of the dental operations wastes it generates, and if it:

(a) Performs dental operations in commercial space;

(b) Uses an Amalgam Separator, which meets the criteria set forth in Group Permit for Dental Discharges; and

(c) Is not exempted from coverage by 360 CMR 10.065(4) or (5).

(4) A Person is not required or eligible to be covered by the Group Permit for Dental Discharges, and does not require any other permit from the Authority, if its only Discharge is from its dental operations and it is:

(a) a facility that does not generate or Discharge wastewater from amalgam-related processes (e.g., facilities limited to oral and maxillofacial surgery, or orthodontic, periodontic and/or oral medicine practices) or a facility that uses mercury-free filling material and does not place or remove amalgam;

(b) a facility that does not discharge any amalgam process wastewater to a POTW, such as dental dischargers that collect all dental amalgam process wastewater for transfer to a Centralized Waste Treatment Facility as defined in 40 CFR Part 437; or

(c) a facility that does not place dental amalgam, and does not remove amalgam except in limited emergency or unplanned, unanticipated circumstances, and that certifies such to the MWRA as required in 40 CFR § 441.50 is exempt from any further requirements of this part.

(5) Notwithstanding 360 CMR 10.065(3), a Person discharging dental operations waste to the sewer is not covered by the Group Permit for Dental Discharges, but requires a Sewer Use Discharge Permit to discharge industrial waste to the sewer if it is not exempted by 360 CMR 10.007(3) and it:

(a) Discharges other Industrial Wastewater in addition to dental operations wastes

(b) Has a total Industrial Wastewater Sewer Discharge that averages 25,000 gallons per day or more, or is notified by the Authority that it otherwise is a Significant Industrial User as defined in 360 CMR 10.004;

(c) Uses a pretreatment system other than an amalgam separator or passive pretreatment (e.g., a settling tank, grease trap, or a limestone chip tank); or

(d) Does not or is unable to meet Authority Discharge requirements, 360 CMR 10.021 through 10.026, by following the operations and management practices required by the Group Permit for Dental Discharges, and upon notice from the Authority.

(6) A Person is eligible for and required to have the Combined Permit ( 360 CMR 10.064) rather than the Group Permit for Dental Discharges if:

(a) its Dental Discharges are eligible for the Group Permit; and

(b) it has one or more other discharges or operations at its facility that make it ineligible for the Group Permit under 360 CMR 10.065(5)(a) through (d) and all those other discharges and operations are eligible for coverage by the General Permit ( 360 CMR 10.062) .

(7) Before commencing a new Discharge required to be covered by the Group Permit for Dental Discharges, the Person that will be discharging shall file with the Authority and the appropriate Municipality a Notice of Intent to Discharge, on a form available from the Authority, and shall not begin discharging until it is issued the Group Permit for Dental Discharges by the Authority and Municipality. A Person with a Sewer Use Discharge Permit on the effective date of the Group Permit for Dental Discharges that is required to be covered by the Group Permit for Dental Discharges shall submit a Notice of Intent to Discharge to the Authority and the appropriate Municipality within 90 days of the effective date of 360 CMR 10.065, and may continue to discharge subject to its Sewer Use Discharge Permit until the Authority and Municipality act on the Notice of Intent.

(8) A Person issued the Group Permit shall comply with the terms and conditions of the Group Permit. Unless otherwise specified in 360 CMR 10.000, the Group Permit shall contain terms and conditions to comply with the requirements set forth 40 CFR Part 441, and 310 CMR 73.00: Amalgam Wastewater and Recycling Regulations for Dental Facilities, whichever requirements are more stringent. The Permit shall contain standard terms and conditions for all Persons it covers. Those terms and conditions shall describe which facilities it covers, required submissions, general conditions to be met, required operations and management practices, and recordkeeping requirements. It may include information on required monetary charges that must be paid, enforcement information, and other requirements and information that the Authority deems necessary or appropriate to ensure compliance with 360 CMR 10.000 and/or with local, state, and federal laws and regulations.

(9) Any new facility that will be covered by the Group Permit, or substantial change to an existing facility that is covered by the Group Permit, must include plumbing to assure that a representative sample of the discharge of all dental operations wastes may be taken at a safe and accessible location at the end of the pretreatment process line, or at the end of the process line if there is no pretreatment, and prior to combining with any other streams.

(10) Unless specifically modified by the Group Permit, a Person issued a Group Permit shall comply with 360 CMR 10.000 and is subject to enforcement pursuant to 360 CMR 2.00: Enforcement and Administrative Penalties, and St. 1984, c. 372 and St. 1987, c. 307.

(11) A Person issued the Group Permit shall post a copy of the Group Permit on its applicable facility's bulletin board or such other conspicuous location as the Authority shall allow and shall post with the Group Permit the names of the individuals at the facility responsible for compliance with the Group Permit and names of the individuals at the facility to be notified in the event of an Upset or other episode requiring notice to the Authority.

(12) The Group Permit for Dental Discharges does not preclude the Authority from requiring specific compliance measures at individual facilities including, but not limited to, installation of amalgam separators at specific locations and more frequent maintenance. The Authority may determine that a facility requiring more frequent amalgam separator maintenance requires an individual Sewer Use Discharge Permit.

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