Permit Application Fact Sheet
- What is the purpose of these permits?
These permits (and plan approvals) serve to protect the public health, welfare, and the environment through the control of Industrial and Non–Industrial wastewater discharges to surface waters of the Commonwealth.
Surface water discharge permits are provided for in 314 CMR 3.00 and 314 CMR 4.00. For a plan modification not associated with permit renewal, submit MassDEP Form WM 16.
Legislative authority is stated in MGL Chapter 21, sections 26 to 53.
- Who must apply?
Treatment facilities as defined at http://www.mass.gov/eea/agencies/massdep/water/regulations/314-cmr-3-00-surface-water-discharge-permit-program.html, except:
- 1. Facilities classified above with only remediation discharges in accordance with MGL Chapter 21E are no longer required to obtain an Industrial NPDES Permit. Applicants may comply under the Massachusetts Contingency Plan, 310 CMR 40.0000.
- You are not required to obtain a surface water discharge permit if your discharge is in one of the following categories, as provided by 314 CMR 3.00.
- Any discharge of sewage from vessels, effluent from properly functioning marine engines, laundry, shower, and galley sink wastes, or any other discharge incidental to the normal operation of a vessel. This exclusion does not apply to rubbish, trash, garbage, or other such materials discharged overboard; nor to other discharges when the vessel is operating in a capacity other than as a means of transportation such as when used as an energy or mining facility, or when secured to a storage facility or a seafood processing facility, or when secured to the bed of the ocean, contiguous zone of waters of the Commonwealth for the purpose of mineral or oil exploration or development.
- Discharges of dredged or fill material into waters of the Commonwealth which are regulated under section 404 of the Federal Act, and are exempted from the need for a permit pursuant to 314 CMR 9.01(2).
- Any introduction of sewage, industrial waste or other pollutants into publicly or privately owned treatment works by indirect dischargers if authorized pursuant to 314 CMR 7.00.
- Any discharge in compliance with the instructions of an On-Scene Coordinator pursuant to 40 CFR Part 1510 (The National Oil and Hazardous Substances Pollution Plan)
- Any introduction of pollutants from non-point source agricultural and silvicultural activities, including runoff from orchards, cultivated crops, pastures, range lands, and forest lands, but not discharges from concentrated animal feeding operations, discharges from concentrated aquatic animal production facilities, discharges to aquaculture projects or discharges from silvicultural point sources, as defined in 314 CMR 3.03.
- Return flows from irrigated agriculture.
- Any conveyance or system of conveyances operated primarily for the purpose of collecting and conveying uncontaminated stormwater runoff.
- What forms must be completed?
- The MassDEP Surface Water Discharge Permit Application must be submitted to MassDEP.
- The MassDEP Transmittal Form must both be submitted to MassDEP.
- All required US EPA Forms must be submitted to both MassDEP and EPA. These are located at http://www.epa.gov/region1/npdes/epa_attach.html.
Throughout the permitting process, send copies of all additional EPA requested application material to the MassDEP Surface Water (NPDES) Permitting Program, Again, keep in mind that EPA and MassDEP are co-permittees of NPDES permits.
- What is the application fee?
Refer to 310 CMR 4.10 and Permit Application Timelines and Fees Schedule . . Designation of major or minor facilities is determined by EPA. Contact MassDEP or EPA if you are not aware of your facility’s designation. MassDEP will use this information to determine the application fee. MassDEP will use this information to determine the application fee.
WM 05 (Major NPDES Permit, Initial/Renewal): $6,785
WM 06 (Minor NPDES Permit, Initial/Renewal): $3,170
WM 07 (Major/Minor NPDES Permit, Modification): $985
WM 16 (Plan Approval New/Modified Facility): $980
- Where do I send the application forms?
Send a copy of the permit Transmittal form, Surface Water Discharge Permit Application/Treatment Facility Rating Worksheet, and all required US EPA Forms to the following:
MassDEP Surface Water Discharge (NPDES) Permitting Program
Department of Environmental Protection
1 Winter Street, 5th floor
Boston, MA 02108
Send the MassDEP Transmittal Form and fee to:
P.O. Box 4062
Boston, MA 02211
- Where can I get a copy of the timelines and information on annual compliance fees?
The timelines are available on the MassDEP Website: Permit Application Timelines and Fees Schedule . In cases where extraordinary compliance work is required, a higher fee may be developed.
If you fail to pay the annual compliance fee, your permit could be suspended or revoked.
- How long are these permits and approvals in effect?
Regulation 314 CMR 3.10(8) states “... not to exceed five years”. MassDEP may issue a permit for less than five years. Upon expiration, if the applicant has re-applied in a timely manner, the permit is administratively continued until a new one is issued.
- Is submitted information available to the public?
Information contained in these application forms will, upon request, be made available to the public for inspection and copying. However, you may request confidential treatment for certain supplementary information which you submit in support of an application. No information on the Surface Water Discharge Permit Application may be claimed as confidential.
- Where can definitions be referenced?
See applicable regulations below.
- What are the regulations that apply to these permits? Where can I get copies?
These regulations include, but are not limited to:
- Water Pollution Control Regulations, 314 CMR 3.00, 314 CMR 4.00, 314 CMR 12.00.
- Wastewater Treatment Operator Certification Regulations, 257 CMR 2.00.
- Timely Action Schedule and Fee Provisions, 310 CMR 4.00.