Proposed revisions to 314 CMR 2.00. Permit Procedures

The regulations at 314 CMR 2.00, Permit Procedures, contain procedures for the Department's processing of the following permits: surface water discharge permits, groundwater discharge permits, and sewer extension and connection permits.

The draft revisions:

• reflect draft revisions to 314 CMR 5.00, Ground Water Discharge Permit Program, and previous revisions to 314 CMR 3.00, Surface Water Discharge Permit Program, by providing procedures for general permits and general permit coverage;
  
• reflect draft new regulations at 314 CMR 20.00, Reclaimed Water Permit Program and Standards, by providing procedures for permits to be issued under those regulations;
  
• provide that appealed NPDES permit provisions and appealed NPDES permits for new discharges automatically are stayed; and   
   
• update provisions that require surface and groundwater discharge permittees, which are not public entities, annually both to submit inspection information to MassDEP and obtain an inspection certificate from MassDEP. Consistent with current MassDEP practice, the requirement to obtain an annual inspection certificate is proposed to be eliminated.  Language is added providing that MassDEP may include, as a permit condition, a requirement for surface water and groundwater discharge permittees, including those with general permit coverage, and reclaimed water permittees to submit annual inspection information.  

Proposed revisions to 314 CMR 12.00, Operation and Maintenance and Pretreatment Standards for Wastewater Treatment Works and Indirect Discharges

The proposed revisions to the Operation And Maintenance And Pretreatment Standards For Wastewater Treatment Works and Indirect Dischargers, 314 CMR 12.00, will 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.

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