Do I have to file for a permit?

In general, you have to file for a groundwater discharge permit if your facility discharges 10,000 gallons or more per day of wastewater to the ground. For more detail on different types of groundwater discharges, see Ground Water Discharge Program regulations at 314 CMR 5.03 & 5.04.

Certain discharges are exempt from permitting by the Groundwater Discharge Program, including facilities that are regulated under Title 5. See 314 CMR 5.05 for a complete list of exempt discharges.

(There may be instances, particularly in nitrogen sensitive areas, where a groundwater discharge permit will be required for flows less than 10,000 gpd.)

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Which dischargers are regulated by the Bureau of Resource Protection (BRP) and which ones by the Bureau of Waste Prevention (BWP)?

Groundwater discharge permits from BRP are issued primarily for domestic and commercial wastewater, carwashes, and laundromats. The Industrial Wastewater Management Program of BWP manages groundwater discharge permits for wastewater generated by certain industrial facilities. A list by SIC Code of industrial facilities regulated by BWP is available here. 

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If the project is regulated by BRP, which permit application should I file?

1. If applying for a new permit:

1. Major Ground Water Discharge Permit; BRP WP 06,
2. Minor Ground Water Discharge Permit; BRP WP 08.

2. If renewing an existing permit:

1. Modification or Renewal with Plan Approval; BRP WP 11,
2. Modification or Renewal without Plan Approval; BRP WP 12.

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What is the difference between a major and a minor permit?

A major permit (BRP WP 06) is for discharges of sanitary sewage over 150,000 gpd or sewage treatment under 150,000 gpd that requires more than secondary treatment.

A minor permit (BRP WP 08) is for sanitary discharges of 150,000 gpd or less with primary or secondary treatment, and discharges from coin-operated laundromats and carwashes.

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Are on-site wastewater systems also groundwater discharges?

Yes. However, the discharges under 10,000 gpd to on-site systems are exempt from the Ground Water Discharge Permit if they have a valid Title 5 permit.

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What is the difference between a permit fee and an annual compliance fee?

All permittees (with the exception of some government entities) must pay a fee to the Department. There are two types of fees. The first is an application fee, which is only paid when you apply for a new permit or to renew an existing permit. The second is an annual compliance fee, which is paid every year to the Department.

The following entities are exempt from the payment of annual compliance fees: cities, towns, counties, districts, municipal housing authorities, federally recognized Indian tribe housing authorities, and state agencies.

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Do I have to submit plans and specifications with my application?

Only if your project is financed by the Division of Municipal Services (DMS).

As of November 2003, application forms and instructions have been modified to reflect changes in the program. If your project is not financed by DMS, a registered professional engineer must sign a certification statement that the plans and specifications have been prepared in accordance with Department standards.

However, for all projects, plans and specifications for the effluent disposal area must still be submitted for Department review and approval.

Guidelines for the preparation of the hydrogeologic evaluation and the engineering report have been expanded as follows:

1. Certification of WWTF plans and specifications. The formal submission to the Department of engineering plans and specifications for the wastewater treatment facility is no longer required unless your project is financed by the Division of Municipal Services. Instead, the registered professional engineer must sign a certification statement that documents have been prepared in accordance with Department standards. Please note that, for all projects, plans and specifications for the effluent disposal area must still be submitted for Department review and approval.
2. Expanded hydrogeologic and engineering information. In the instructions section for each groundwater permit application, the guidelines for the preparation of the hydrogeologic evaluation and the engineering report have been expanded to include some additional provisions.
3. GPS Coordinates. To facilitate the inclusion of wastewater disposal facility information in Massachusetts GIS, the application form now requires GPS coordinates for the facility and the location of the discharge.

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How do groundwater regulations protect public water supplies?

The effluent standards and monitoring requirements, especially for nitrogen, are more stringent for a discharge within a Zone II, which is the area of an aquifer that contributes water to a drinking water well under a specified set of conditions.

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