310 CMR 40.0043 - Remedial Wastewater Discharges to Publicly Owned Treatment Works (POTW)

(1) Any person performing response actions at a disposal site in accordance with M.G.L. c. 21E and 310 CMR 40.0000 may discharge Remedial Wastewater to a sewer system without a permit from the Department pursuant to M.G.L. c. 21, § 43, and 314 CMR 7.00: Sewer System Extension and Connection Permit Program, provided the discharge is exempt from such permitting requirements under 314 CMR 7.05: Activities not Requiring a Permit.
(2) Any person performing response actions at a disposal site in accordance with M.G.L. c. 21E and 310 CMR 40.0000 may discharge Remedial Wastewater to a sewer system and/or POTW, provided:
(a) if such discharge is to a sewer system, such discharge complies with the terms and conditions of any permit, license or approval from the public entity controlling the sewer system, and M.G.L. c. 21E and 310 CMR 40.0000; and
(b) if such discharge is to a POTW, such discharge complies with the terms and conditions of any permit, license or approval from the public entity controlling the POTW, and M.G.L. c. 21E and 310 CMR 40.0000.
(3) No provision of 310 CMR 40.0040 shall be construed to require any public entity controlling a sewer system or POTW to receive any discharge of Remedial Wastewater, or to limit the authority of any public entity controlling a sewer system or POTW, including, but not limited to, any authority to impose connection, user or permit fees, or to impose requirements for the management of Remedial Wastewater, including, but not limited to, any authority to impose monitoring and reporting requirements, to establish volume restrictions, or to impose pretreatment requirements.

Notes

310 CMR 40.0043
Amended by Mass Register Issue 1503, eff. 3/1/2024. Amended by Mass Register Issue S1516, eff. 3/1/2024.

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