Permit Fact Sheet
Holding tanks, mobile tanks, and containers are common in industrial settings and may be regulated by other programs depending upon the specific situation. The IWHT Compliance Certification replaces the previous DEP IWHT Plan Approval only. Before you file, it is important to determine if 314 CMR 18.00 applies to you and whether you qualify for certain exemptions. See: 314 CMR 18.00: Wastewater Holding Tanks & Containers .
Applicability & Requirements
The regulation applies to holding tanks, mobile tanks, and containers that meet all three of the following criteria.
- The vessel is used exclusively to accumulate or store industrial wastewater generated on-site or off-site.
For example, if you use your holding tank, mobile tank, or container within a production process or within a wastewater treatment system, then this regulation does not apply to you.
- The industrial wastewater in the vessel will be transported directly to an off-site facility for recycling, treatment, or disposal.
For example, if your holding tank, mobile tank, or container is used to transfer industrial wastewater within or between your production process (es) or treatment system(s), then this regulation does not apply to you.
- The wastewater accumulated or stored in the vessel is non-hazardous, non-domestic industrial wastewater.
For example, if the industrial wastewater in the holding tank, mobile tank, or container is hazardous industrial wastewater or domestic wastewater, then this regulation does not apply to you.
Please note that under criteria 1 and 2 above, 314 CMR 18.00 does not apply to tanks that are used to hold wastewater before it is discharged to a municipal sewer system. Such tanks may be regulated through industrial wastewater discharge permits and plan approvals under 314 CMR 7.00 and 12.00.
If your holding tank, mobile tank, or container does not meet all three of the applicability criteria above, you may stop here because 314 CMR 18.00 does not apply to you.
Even if you meet all three of the applicability criteria, you may still qualify for an exemption from 314 CMR 18.00 if you meet any one of the following exemption conditions:
- You are a dry cleaner, photo processor, or printer regulated under the DEP Environmental Results Program (ERP);
- Your holding tank, mobile tank, or container is used for a waste site cleanup project (for example, addressing contaminated soils) that is regulated under 310 CMR 40.00 at your facility;
- The holding tanks or containers in your facility meet the standards in the Massachusetts Hazardous Waste Regulations (310 CMR 30.000), and the industrial wastewater is shipped to a licensed Treatment, Storage and Disposal Facility (TSDF); or
- Your holding tank, mobile tank, or container is used for non-contact cooling water, or heating or cooling condensate only.
If you are unsure whether you qualify for any of the above four exemptions, call DEP (617-556-1168) for assistance. If you meet any of the above four exemption conditions, you may stop here because 314 CMR 18.00 does not apply to you.
Do I Have to Submit the Compliance Certification?
If you meet all three of the applicability criteria and do not qualify for any of the four exemptions, you are required to comply with applicable construction and operation standards under 314 CMR 18.00 and to submit a one-time Compliance Certification to DEP for each of your IWHTs, unless:
- Your existing IWHT was approved by DEP under the previous IWHT plan approval program and issued a IW-01, IW-28, IW-29, or WP-56 permit; or
- Your existing IWHT has already been approved by DEP under the Compliance Certification program (WP56).
If you have more than one IWHT, you need to check the regulatory applicability for each tank and submit a Compliance Certification for each if required.
Even if your IWHT has previously been approved by DEP and therefore exempt from the Compliance Certification requirement, you must still comply with the construction and operation standards established by 314 CMR 18.00. You should periodically inspect your IWHT, review operation procedures, perform maintenance, and keep records of these activities. Using the Certification Form as a compliance checklist is a good idea even if you are not required to submit one.
If you have questions, please call MassDEP at 617-556-1168.