Permit Fact Sheet
What is the purpose of these permits?
BWP-IW 38 covers specific industrial facilities with sewer connections for discharging greater than 50,000 gpd to Publicly Owned Treatment Works (POTW); also known as sewage treatment plant) with Industrial Pretreatment Programs (IPP). IPPs are industrial sewer discharge permit programs operated by POTWs as required by their federally issued National Pollution Discharge Elimination System (NPDES) permit. The Standard Industrial Classification Codes (also known as SIC Codes) for the industrial facilities that are covered by a BWP-IW 38 are listed in Appendix B.
BWP-IW 39 covers specific industrial facilities with sewer connections for discharging greater than 25,000 gpd to Publicly Owned Treatment Works (POTW); also known as sewage treatment plant) without Industrial Pretreatment Programs (IPP). IPPs are industrial sewer discharge permit programs operated by POTWs as required by their federally issued National Pollution Discharge Elimination System (NPDES) permit. The Standard Industrial Classification Codes (also known as SIC Codes) for the industrial facilities that are covered by a BWP-IW 39 are listed in Appendix B.
These permits serve to protect the public health, welfare, and environment, as well as safety of workers in the POTW. They also assure prevention of pollutants passing through or interfering in the operation of the treatment works, through the control of industrial discharges into the sewer systems. Lastly, these permits assure that sewers, pump stations, and POTWs already near or over capacity will not be further burdened.
The regulations contained in 314 CMR 7.00 address sewer connection and extension permits. The regulations contained in 314 CMR 12.00 provide for the authorization to construct and operate a wastewater treatment facilities.
The final permit that will be sent by MassDEP becomes the authorization to construct a proposed pretreatment system. Legislative authority is stated in MGL Chapter 21, sections 26 - 53, the Massachusetts Clean Waters Act.
- Who must apply?
a. If your facility is classified under the Standard Industrial Classification (SIC) Codes listed in appendix B and discharges more than 50,000 gallons per day to an IPP-POTW, then you are covered by this permit (category BWP-IW 38). If your facility discharges less than or equal to 50,000 gallons per day, then you must comply with applicable requirement in 314 CMR 7.05(2)(g) but not submit a permit application (“permit-by-rule”).
b. If your facility is classified under the SIC Codes listed in appendix B and that discharges more than 25,000 gallons per day to a Non-IPP-POTW, then you are covered by this permit (category BWP-IW 39). If your facility discharges less than or equal to 25,000 gallons per day to a Non-IPP POTW, then you are subject to a Sewer Connection Certification rather than a permit.
c. Any industrial user with a SIC code listed in appendix B and that receives and treats industrial wastewater from other industrial facilities must apply a full permit under BWP-IW 40.
d. Any facility outside the SIC Codes listed in appendix B may be covered by other types of sewer discharge permits. Please contact MassDEP (see Appendix A).
e. Any facility with a discharge of industrial wastewaters, as defined in 314 CMR 7.02, to any POTW that has been approved by MASSDEP to administer the permitting system, will no longer need a MASSDEP sewer connection permit. Such facilities, however, still must obtain any required industrial user permit from their local authority. As of September 10, 1993, the Massachusetts Water Resources Authority (MWRA) was given approval by MASSDEP to administer the system of industrial sewer connection permits under MGL Ch. 21, sec. 43(8).
- What must I know before starting to complete my permit application?
a. Your discharge permit may require MEPA review. Please carefully examine the requirements in 301 CMR 11.00, the MEPA Regulations. To determine if your project exceeds the MEPA review thresholds, or for more information contact the MEPA Unit of the Executive Office of Energy and Environmental Affairs (100 Cambridge Street, Boston, MA 02202; (617-727- 5830) or the MEPA Website. If your project exceeds the applicable MEPA review thresholds, then you must obtain your MEPA Certificate BEFORE you submit this application.
b. If your facility is subject to the Massachusetts Historical Commission regulations, you must comply with Massachusetts Historical Commission requirements BEFORE you submit this application.
c. You must check to see if you must get a discharge permit from your POTW and local sewer authority authority. If your POTW/local authority does not have a permit program then you must ask for written approval from them to ensure that your industrial wastewater discharge to their POTW or sewer system is acceptable.
- When must I apply for a permit?
a. For any construction of the sewer connection or industrial wastewater pretreatment system (IWPS) you must apply for your permit 90 days prior to construction and make sure that your sewer connection and IWPS is constructed or will be constructed in conformance with the engineering plans reviewed, stamped, and signed by a Massachusetts Registered Professional Engineer (MAPE).
b. For a permit renewal, you must submit the application 90 days prior to your permit expiration.
c. For facilities new to this permit program with no new construction activity, you must apply for the discharge permit 90 days prior to discharging.
- How do I transfer a permit to a new owner?
To transfer an industrial wastewater sewer connection permit, the current permit holder must notify to MassDEP at least 30 days in advance of the proposed transfer date (see 314 CMR 7.13). The notice must include a written agreement between the existing and proposed new permit holders containing a specific date to transfer permit responsibilities and liability to the new permit holder.
- Permit Application Fees
Permit Application Timelines and Fees Schedule |
- Where will the permits be located?
The application form with an original signature in ink should be sent to the DEP Boston Office (Primary Permit Location):
Department of Environmental Protection
Wastewater Management Program
1 Winter Street
Boston, MA 02108
A copy of the application should be sent to the appropriate MassDEP Regional Office (Reserve Copy Location):
Find Your Region
A copy of the MassDEP Transmittal Form and the fee for the application should be sent to:
Department of Environmental Protection
P.O. Box 4062
Boston, MA 02211
- What are the timelines?
Permit Application Timelines and Fees Schedule |
These permits are termed 60-day permits. After the administrative and initial technical review is completed, then the 30-day public comment period can start. MassDEP has 30 days to conduct the administrative review, technical review, and public comment review before issuing a permit determination. The time line is usually depicted as providing MassDEP with 15 days for their administrative and technical reviews and an additional 15 days to process the public comments. This is only for explanatory purposes. For example, if MassDEP uses only 10 days for the initial administrative and technical reviews, then MassDEP will be able to use up to 20 days to process the public comments. Public comments are sent to MassDEP. MassDEP will make a final decision after considering all the public comments. MASSDEP will make a final determination on the application within about total of 60 days, if the applicant initiates the public comment period with the publication of the notice for public comment as soon as MassDEP issues them the draft permit.
RCRA facilities will need to have 45-day public comment period. All other aspects of the timeline are the same as described above, except for the extended public comment period.
- How long are these permits in effect?
Permits BWP-IW 38 and 39 are valid for five years, unless revoked for cause by MassDEP.
- How can I avoid the most common mistakes in applying for these permits?
a. Make sure to answer all questions on the application form, unless you are directed to skip a question. Please DO NOT answer questions that you are directed to skip.
b. Make sure a legally responsible official signs the application.
c. Submit all required reports with sufficient detail and description.
d. Submit permit application fee and one copy of the MassDEP Transmittal Form to: MassDEP, P.O. Box 4062, Boston, MA 02211.
- What is the annual compliance fee?
See Permit Application Timelines and Fees Schedule .
- What regulations determine the requirements in these permits?
These regulations include, but are not limited to:
a. Water Pollution Control Regulations, 314 CMR 7.00 and 314 CMR 12.00.
b. Wastewater Treatment Operator Certification Regulations, 257 CMR 2.00.
c. Timely Action Schedule and Fee Provisions, 310 CMR 4.00.
- Where can I get copies of the regulations?
These may be purchased online, in person, or by mail at the Massachusetts State Bookstore.