The Massachusetts Department of Environmental Protection (MassDEP) gives notice that, as part of its retooling of the groundwater discharge program to be more efficient while still maintaining environmental protection, it intends to:

• revise 314 CMR 2.00, Permit Procedures;
• revise 314 CMR 5.00, Groundwater Discharge Permit Program;
• revise 314 CMR 12.00, Operation and Maintenance and Pretreatment Standards For Wastewater Treatment Works and Indirect Dischargers;
• rescind 314 CMR 6.00, Groundwater Quality Standards; and
• adopt new regulations, 314 CMR 20.00, Reclaimed Water Permit Program and Standards. 

MassDEP takes this action pursuant to the Massachusetts Clean Waters Act, M.G.L. c.21, sections 26 through 53.

The draft revisions to 314 CMR 2.00 reflect draft revisions to 314 CMR 5.00, and previous revisions to 314 CMR 3.00, Surface Water Discharge Permit Program, primarily by providing procedures for general permits and general permit coverage; reflect draft regulations at 314 CMR 20.00, by providing procedures for permits issued under those regulations; eliminate the requirements for non-public entity surface and groundwater discharge permittees annually to both submit inspection information and obtain an inspection certificate from MassDEP and instead provide a requirement for permittees to submit annual inspection information as a permit condition at MassDEP's discretion; and add new stay provisions for appealed NPDES permits.

The draft revisions to 314 CMR 5.00 reduce the time for an applicant to obtain a groundwater discharge permit. In particular, the use of general permits for certain discharges that previously required individual permits, and a new process for evaluating hydrogeological reports will save significant time. Other key changes include the addition of individual or general permits for stormwater runoff from certain land uses, and new provisions for permitting seasonal discharges.

The changes to 314 CMR 5.00 will also eliminate the outdated list of specific effluent limits and replacing them with a requirement to meet the standards in the Drinking Water Regulations. Therefore, 314 CMR 6.00, Groundwater Water Quality Standards is no longer necessary and will be eliminated. There will be an additional provision in 314 CMR 5.00 establishing a procedure to allow discharges meeting less stringent standards in certain limited circumstances.

The draft 314 CMR 20.00 regulates the reuse of wastewater for approved uses. These regulations will replace the Interim Guidelines developed in 2000 that previously governed our reclaimed water program. Reuse alternatives must meet stringent effluent standards, depending on the potential for exposure, and must produce an effluent that is virtually contaminant and pathogen free.  Some uses include, but are not limited to, irrigation of golf courses, parks and playgrounds, toilet flushing, cooling water at power plants, and agricultural uses. The regulations will also establish requirements for the use, sale, and distribution of reclaimed water. The Department considered whether or not to allow parties to self certify that they comply with the requirements for sale and distribution of reused waters and have chosen to require our review and approval these documents. Our plan is to revisit this question once we have more experience with these new regulations. MassDEP is specifically seeking comments on this issue.

The draft revisions to 314 CMR 12.00 strengthen the ability of MassDEP to take direct enforcement action against contract operators who fail to fulfill their operational responsibilities. Specifically, the changes will reinforce that the contract operators have definitive responsibilities to operate and maintain a wastewater treatment facility in accordance with the approved operation and maintenance plan and the staffing plan, and to perform the monitoring, reporting, and recordkeeping required by the facility's discharge permit.

Pursuant to M.G.L.c.21, sec.43, 314 CMR 2.00 and 5.00, MassDEP has tentatively determined to issue and has prepared the following draft General Groundwater Discharge Permits in conjunction with its proposed revisions to 314 CMR 2.00 and 5.00.

General Permit: Small Privately Owned Wastewater Treatment Facilities
Type of Discharge: Sanitary Sewage
Quantity of Discharge: Less than 50,000 gallons per day (gpd)
Permit Fact Sheet:
MS Word 52 KB | PDF 42 KB
Draft Permit:
MS Word 63 KB | PDF 127 KB

General Permit: Small Publicly Owned Wastewater Treatment Facilities
Type of Discharge: Sanitary Sewage
Quantity of Discharge: Less than 50,000 gallons per day (gpd)
Permit Fact Sheet:
MS Word 52 KB | PDF 42 KB
Draft Permit:
MS Word 58 KB | PDF 63 KB

General Permit: Privately Owned Wastewater Treatment Facilities That Treat Wastewater From Commercial Carwashes
Type of Discharge: Wastewater from a commercial carwash
Quantity of Discharge: Variable
Permit Fact Sheet:
MS Word 49 KB | PDF 26 KB
Draft Permit:
MS Word 58 KB | PDF 47 KB

General Permit: Stormwater Runoff From A Parking Lot With High Intensity Use
Type of Discharge: Stormwater
Quantity of Discharge: Variable
Permit Fact Sheet:
MS Word 47 KB | PDF 30 KB
Draft Permit:
MS Word 55 KB | PDF 68 KB

General Permit: Open-Loop Geothermal Well Systems
Type of Discharge: Effluent from a geothermal heating/cooling system
Quantity of Discharge: Variable
Permit Fact Sheet:
MS Word 51 KB | PDF 47 KB
Draft Permit:
MS Word 67 KB | PDF 121 KB

The draft regulation revisions with detailed summaries and the draft general permits with fact sheets are on MassDEP's website.

Outreach sessions and public hearings have been held. MassDEP will accept verbal and written comments at the hearings and written comments until 5.00 p.m. on June 11, 2008. Written comments should be submitted to:

MassDEP
attn: Glenn Haas
One Winter Street, 5th floor
Boston, MA 02108

Questions on the hearings and requests for a copy of the general permits and facts sheets should go to Alan Slater at 617-292-5749. For special accommodations or this information in alternate format call Donald Gomes ADA Coordinator 617-556-1057, TDD# 1-866-539-7622 or 617-574-6868.

Public Notice of Extension of Comment Period

The Massachusetts Department of Environmental Protection gives notice of its extension of the public comment period for its proposed revisions to the following regulations: 314 CMR 2.00, Permit Procedures; 314 CMR 5.00, Ground Water Discharge Permit Program; and 314 CMR 12.00, Operation and Maintenance and Pretreatment Standards For Wastewater Treatment Works and Indirect Dischargers; rescind 314 CMR 6.00, Ground Water Quality Standards; and adopt new regulations, 314 CMR 20.00, Reclaimed Water Permit Program and Standards. MassDEP takes this action pursuant to the Massachusetts Clean Waters Act, M.G.L. c.21, secs. 26 through 53.

The proposed revisions are available on the Department's website: http://www.mass.gov/dep/service.regulations/newregs.htm. Public notice of hearings and the initial comment period on the proposed revisions, which was to close on May 12, 2008, was published in the Boston Herald, Cape Cod Times, Worcester Telegram, The Republican on March 28, 2008, the Massachusetts Register of April 4, 2008, the Central Register of April 9, 2008 and the Environmental Monitor of April 9, 2008. The Department now extends the comment period and will accept written comments on the proposed revisions until 5.00 p.m. on June 11, 2008. Written comments should be submitted to Glenn Haas at Mass Department of Environmental Protection, One Winter Street Boston, MA 02108.