1. Instructions: BRP WM 09 doc format of Instructions: NPDES ORW Permit

  2. Form: BRP WM 09 doc format of NPDES ORW Permit pdf format of NPDES ORW Permit

  3. Transmittal Form & Number for Permit Application & Payment


Permit Fact Sheet

  1. What is the purpose of this approval?

    BRP WM 09 establishes an approval process for MassDEP to review projects with existing or proposed stormwater discharges to surface waters of the Commonwealth of Massachusetts that are designated as Outstanding Resource Waters (ORWs), and are subject to coverage under EPA's NPDES Storm Water Multi-Sector General Permit for Industrial Activities ("MSGP") or the NPDES General Permit for Storm Water Discharges from Construction Activities ("Construction General Permit"). ORWs are afforded higher protection to maintain their existing uses and water quality and include: surface Public Drinking Water Supplies, their tributaries and bordering vegetative wetlands; specified Areas of Critical Environmental Concern (ACECs); certified vernal pools; and any other waters as designated in the Massachusetts Surface Water Quality Standards, 314 CMR 4.00.

    Project proponents are required to comply with Massachusetts' statutory and regulatory provisions that protect and control pollutant discharges to surface waters designated as ORWs. MassDEP reviews Storm Water Pollution Prevention Plans (SWPPPs) prepared by proponents for industrial and construction activities, to determine whether stormwater pollution prevention measures and controls identified in the SWPPP will prevent or minimize stormwater impacts to the protected resource. State and local permitting required for the project for soil and erosion control and stormwater management will also be reviewed (see the request for documents on the BRP WM 09 application form, Section A. 4.). With the information provided by the proponent under BRP WM 09, MassDEP can determine if additional stormwater pollution control measures will be required beyond the SWPPP to protect the ORW.

    Statutory and regulatory authority for coverage under this approval can be found at the Massachusetts Clean Waters Act, MGL Chapter 21, ss. 26-53, Surface Water Discharge Permit Program, 314 CMR 3.00 and Massachusetts Surface Water Quality Standards, 314 CMR 4.00.
  2. Who must apply?

    Any person seeking coverage under EPA's NPDES Stormwater Multi-Sector General Permit for Industrial Activities or EPA's NPDES Construction General Permit, and has an existing or proposed discharge to a surface water designated as an ORW or into a municipal separate storm sewer system (MS4) that discharges to an ORW. MS4 is defined as a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels or storm drains) that is owned or operated by the state, city, town, district, association or other public body and is designed or used for collecting or conveying stormwater.
  3. What other requirements should be considered when applying for this approval?
    1. The applicant must have submitted the appropriate federal NPDES Notice of Intent forms from U.S. EPA for either the Stormwater Multi-Sector General Permit for Industrial Activities or the Stormwater Construction General Permit.
      http://cfpub.epa.gov/npdes/stormwater/msgp.cfm
      http://cfpub2.epa.gov/npdes/stormwater/cgp.cfm
    2. The applicant must prepare the Stormwater Pollution Prevention Plan (SWPPP) required by the applicable EPA general permit.
    3. Permits of this type may require MEPA review. Please carefully examine the MEPA Regulations (301 CMR 11.00) to determine if your project exceeds the MEPA review thresholds. For more information, contact the MEPA Unit of the Executive Office of Environmental Affairs at 617-626-1020.
    4. Projects must comply with applicable state and local requirements for soil and erosion control and stormwater management. Copies of documents filed with state and/or local authorities are required for submittal as part of the BRP WM 09 review (see request for information on the BRP WM 09 application form, Section A. 4.).
    5. For further information, call MassDEP's Division of Watershed Management at 508-849-4005 or 508-767-2856.
  4. What is the application fee?

    See  Permit Application Timelines and Fees Schedule pdf format of Permit Application Timelines and Fees Schedule .
  5. What is the Primary Permitting Location?

    Department of Environmental Protection
    Division of Watershed Management
    627 Main Street, 2nd Floor
    Worcester, MA 01608
  6. Where can I get a copy of the timelines?

    Permit Application Timelines and Fees Schedule pdf format of Permit Application Timelines and Fees Schedule
  7. What is the annual compliance fee?

    There is no annual compliance fee for the approval.
  8. How long is the approval in effect?

    The approval, unless modified by MassDEP, continues in effect for the five-year duration of EPA's General Permits.
  9. How can I avoid the most common mistakes made in applying for this approval?
    1. Provide the requested information on the BRP WM 09 application form.
    2. Submit one copy of the Transmittal Form & Number for Permit Application & Payment along with a copy of the WM 09 application and all accompanying documentation to:
      Massachusetts Department of Environmental Protection
      Division of Watershed Management
      627 Main Street, 2nd Floor
      Worcester, MA 01608
    3. Submit the fee and one copy of the Transmittal Form & Number for Permit Application & Payment to:
      Massachusetts Department of Environmental Protection
      P. O. Box 4062
      Boston, MA 02211

      Make check payable to the Commonwealth of Massachusetts.
    4. Consult the Massachusetts Surface Water Quality Standards (314 CMR 4.00), including tables and figures, or call the Division of Watershed Management at 508-849-4005 or 508-767-2856, to determine if the project discharges stormwater to an Outstanding Resource Water.
    5. For information on ACECs, contact the Massachusetts Department of Conservation and Recreation at 617-626-1394 or at the following website: http://www.mass.gov/eea/agencies/dcr/conservation/acec/
  10. What are the state regulations that apply to the approval? Where can I get copies?

    These regulations include, but are not limited to:
    1. Surface Water Discharge Permit Program, 314 CMR 3.00.
    2. Surface Water Quality Standards, 314 CMR 4.00.
    3. Timely Action Schedule and Fee Provisions, 310 CMR 4.00.
    These may be purchased online, in person, or by mail at the Massachusetts State Bookstore .