Surface Water Discharge Permitting (NPDES)

MassDEP and US EPA administer surface water discharge permits in Massachusetts.

Although jointly administered by EPA and MassDEP in the past, as of June 20, 2020, the National Pollutant Discharge Elimination System (NPDES) permit program is administered solely by the US EPA. MassDEP administers a parallel surface water discharge permitting program. Both programs control water pollution​ by regulating point sources that discharge pollutants to surface waters.

State-specific Discharge Reporting

Regular filing of monitoring reports is a required element of a National Pollutant Discharge Elimination System (NPDES) permit.

• NPDES Surface Water Discharge Monthly Operation Report
  State-specific discharge spreadsheet: MS Excel template for NPDES Discharge reporting. Revised February 2015.

Surface Water Discharge General Permits

For the most part, general permits are administered by EPA, require submission of a Notice of Intent (NOI) to EPA, and do not require an application to MassDEP. However, there are some circumstances that require submittal to both MassDEP and EPA. The following situations require applicants to submit a MassDEP transmittal form, a copy of the EPA’s NOI, payment (unless exempt), and any other required submittals to MassDEP:

• Construction General Permit (CGP) with discharge to Outstanding Resource Waters (ORW);
• Massachusetts Small Municipal Separate Storm Sewer Systems (MS4) Permit;
• Publicly Owned Treatment Works General Permit (POTW GP);
• Potable Water Treatment Facilities General Permit (PWTF GP) for first time applicants that also discharge to an ORW and High Quality Waters; 
• Remediation General Permit (RGP) discharges from non-MCP sites;
• Hydroelectric Generating Facilities General Permit (Hydro GP) with discharge to ORW waters.

Additional Resources

WM 15: NPDES General Permit Notice of Intent

NPDES Permits: What You Need to Know

How an NPDES Stormwater General Permit Works

Draft Massachusetts General Permits and Associated Documents

Final Massachusetts General Permits and Associated Documents

Surface Water Discharge Individual Permits

Individual permits are those not covered under a General Permit, for both industrial and non-industrial discharges.

Draft Individual Permits and Associated Documents

Final Individual Permits and Associated Documents

Additional Resources

WM 05, 06, 07: Surface Water Discharge (NPDES) Individual Permit Application

WP68: Treatment Works Plan Approval for New/Modified Facility associated with Groundwater Discharge Non-Industrial or Reclaimed Water Use Permits

Massachusetts Draft Individual Surface Water Discharge Permits and Associated Documents

Massachusetts Final Individual Surface Water Discharge Permits and Associated Documents

Certification Statement for Groundwater Discharge, Surface Water Discharge & Reclaimed Water Use Permits

NPDES Authorization

MassDEP is currently not authorized by US EPA to administer the NPDES program. MassDEP has taken some initial steps to explore the possibility of obtaining authorization in the future.

Additional Resources

Executive Summary of National Pollutant Discharge and Elimination System Authorization Report to Massachusetts Legislature

Massachusetts Department of Environmental Protection Report to the General Court of the Commonwealth on the Topic of NPDES Authorization

NPDES Regulations

• 257 CMR 2.00: Certification of Wastewater Treatment Plant Operators

  The process for evaluation and certification of wastewater-treatment-facility operators.

• 314 CMR 2.00: Permit Procedures for Surface Water Discharge Permits (314 CMR 3.00), Groundwater Discharge Permits (314 CMR 5.00), Sewer Extension & Connection Permits (314 CMR 7.00), & Reclaimed Water Permits (314 CMR 20)

  Procedures for applying for surface water and groundwater discharge permits, sewer permits, and reclaimed-water-use permits.

• 314 CMR 3.00: Surface Water Discharge Permit Program

  Regulates surface water discharges in Massachusetts waters under the provisions of state and federal clean-water legislation.

• 314 CMR 4.00: Massachusetts Surface Water Quality Standards

  Identifying and ensuring minimum standards for surface water quality in Massachusetts, in accordance with the Federal Clean Water Act.

• 314 CMR 9.00: 401 Water Quality Certifications

  Ensuring that dredging operations and material comply with the requirements of the Massachusetts Surface Water Quality Standards and the federal Clean Water Act.

• 314 CMR 12.00: Operation & Maintenance & Pretreatment Standards for Wastewater Treatment Works and Indirect Dischargers

  Establishes standards and pretreatment requirements to insure the proper operation and maintenance of wastewater treatment works. April 2014

• 310 CMR 44.00: The Clean Water State Revolving Fund

  MassDEP approval of projects funded through the Clean Water State Revolving Fund.

Additional Resources

Surface Water Discharge Permitting (NPDES) Policies & Guidance