360 CMR 10.007 - Permits - General Requirements
(1) The permits
required by 360 CMR 10.000 are in addition to permits that may be required by
other federal, state, or local laws or regulations. The following permits are
required by 360 CMR 10.000:
(a)
Sewer Use Discharge Permit. Any Person who directly or
indirectly discharges Industrial Wastewater or other Industrial Waste to the
Authority Sewerage System, or whose operation within the Authority Sewerage
District (regardless of whether the operation discharges to the Authority
Sewerage System) is subject to a National Categorical Pretreatment Standard, is
required to have a Sewer Use Discharge Permit issued by the Authority and the
appropriate Municipality, unless specifically exempted by 360 CMR 10.000 from the
requirement to have a permit. This requirement to have a Permit includes Persons
who discharge Industrial Waste into a septic or other holding tank whose contents
are transported and discharged to the Authority Sewerage System. A Person issued
a Group Permit, General Permit, or Combined Permit is not required to have a
Sewer Use Discharge Permit for the discharge covered by the Group Permit, General
Permit, or Combined Permit.
(b)
Septage Discharge Permit. Any Person who commercially
pumps, transports, or discharges Septage and/or Industrial Waste mixed with
Septage and who directly or indirectly discharges Septage and/or Industrial Waste
mixed with Septage to the Authority Sewerage System is required to have a Septage
Discharge Permit issued by the Authority.
(c)
Direct Connection
Permit. Any Person seeking to make or modify a direct connection to
the Authority Sewerage System is required to have a Direct Connection Permit for
such a connection issued by the Authority.
(d)
Municipal Permit.
Any Municipality that connects a Sewer to the Authority Sewerage System is
required to have a Municipal Permit issued by the Authority.
(e)
Landfill Permit.
Any Person who directly or indirectly discharges Landfill Leachate to the
Authority Sewerage System is required to have a Landfill Permit issued by the
Authority.
(f)
Temporary
Construction Site Dewatering Permit. Any Person who directly or
indirectly discharges Wastewater from a construction site to the Authority
Sewerage System is required to have a Temporary Construction Site Dewatering
Permit issued by the Authority and appropriate Municipality.
(g)
Group Permit. Any
Person who is required to be covered by a Group Permit is required to have that
Group Permit to discharge Industrial Waste directly or indirectly to the
Authority Sewerage System. The following Group Permits are in effect:
360 CMR
10.061: Group Permit for Photo
Processing and Printing Operations;
360 CMR
10.063: Group Permit for Food
Processing; and 360 CMR 10.065: Group Permit for Dental
Discharges.
(h)
Combined Permit. Any Person who is required to be
covered by
360
CMR 10.064: Combined Permit is
required to have that Combined Permit to discharge Industrial Waste directly or
indirectly to the Authority Sewerage System.
(i)
General Permit.
Any Person who is required to be covered by
360 CMR
10.062: General Permit for Low Flow and
Low Pollutant Dischargers is required to have that General Permit to
discharge Industrial Waste, directly or indirectly, to the Authority Sewerage
System.
(2)
Alternative Permit. Notwithstanding any provision of 360
CMR 10.000 to the contrary, the Authority may issue a Sewer Use Discharge Permit
in the place of a Group, General, or Combined Permit if in the Authority's
judgment:
(a) the Group, General, or Combined
Permit would provide insufficient requirements to regulate the Person's discharge
appropriately due to the special nature of the Person's process or pretreatment
system; or
(b) it has insufficient
information to determine if the Person is eligible for the Group, General, or
Combined Permit.
(3)
Permit Terms and Conditions. The Authority may include
terms and conditions as necessary to comply with federal and state requirements
including, without limitation, self-monitoring, reporting, and recordkeeping
requirements, and effluent limits, or Best Management Practices, or both, based
on applicable general Pretreatment Standards in 40 CFR Part 403, National
Categorical Pretreatment Standards, requirements of the Massachusetts Department
of Environmental Protection, and all requirements and discharge limits of 360 CMR
10.000.
(4)
No Permit
Required. Unless specifically required to have a Permit by 360 CMR
10.000, the following do not require a Permit:
(a) Restaurants, cafeterias, and other food
preparation facilities that chiefly prepare meals and snacks for consumption on
their premises or for take-out by individuals.
(b) Supermarkets, groceries, and other
facilities that are chiefly retail purveyors of food to individuals.
(c) Coin operated laundromats; laundries that
do not wash any of the following:
1. industrial,
hospital/clinic, or commercial uniforms, wipers, mats, or mops;
2. industrial, hospital/clinic, or commercial
linens;
3. diapers; or
4. carpets.
Dry cleaners do not require a permit for the discharge from their washing machines if they do not use their washing machines to wash industrial, hospital/clinic, or commercial uniforms, wipers, mats, or mops; industrial, hospital/clinic, or commercial linens; diapers; or carpets, but may not discharge cleaning solvents (e.g., perchloroethylene), including solvents in their cooling water discharge.
(d) Commercial facilities that discharge only
human and domestic wastes.
(e)
Persons who do not discharge Industrial Waste.
(f) A onetime only Discharge that receives
prior written approval of the Authority. A request for a onetime only Discharge
may be granted if the discharge meets the Authority's limits and regulations,
will not have an adverse impact on the Authority Sewerage System or a Municipal
Sewer, and if there is adequate capacity for the Discharge. A request to
Discharge uncontaminated water will be denied unless the discharger has no
reasonable alternative. Written approval may be granted by letter, with the
approval of the Municipality, if there are no necessary conditions on the
Discharge other than the location, volume, time and duration of the Discharge,
and the general requirement to meet Authority limits. A permit is necessary, or
an existing permit must be modified, if there are conditions appropriate for the
Discharge in addition to location, volume, time, duration and meeting Authority
limits, such as sampling, reporting or pretreatment.
(g) Other discharges otherwise specifically
exempted by 360 CMR 10.000 from the requirement to have a Permit.
(5) A person shall not discharge or
operate without having been issued the appropriate permit for the discharge, or
with an expired, suspended, or revoked permit.
(6) A permit shall not be assigned or
transferred without prior written approval of the Authority. After the
Authority's approval of a permit assignment or transfer, the permittee shall
provide a copy of the permit to the assignee or transferee.
(7) All Permits except a Direct Connection
Permit shall contain an expiration date, which in no case shall be more than five
years from the date of issuance. If a permittee files a complete and accurate
application or Notice of Intent to renew a permit no later than 60 days before
the expiration date of the permit, the permit shall not expire until a new permit
is issued or the application or notice is denied, whichever occurs
first.
(8) The Authority may modify a
permit as it deems necessary or appropriate or as required by state or federal
law.
(9) A permittee may appeal the
terms and conditions in an issuance, renewal, or modification of its Permit, and
an applicant may appeal the denial of a Permit, pursuant to the procedures of
360
CMR 2.21: Appeals of Notices of
Noncompliance, Orders, Permits and Permit Actions, except a Person may
not appeal the standard terms and conditions of a Group Permit, General Permit,
or Combined Permit.
(10) The
Authority may enforce, pursuant to St. 1984, c. 372 and St. 1987, c. 307, its
regulations, and other applicable local, state, and federal laws, the terms and
conditions of a permit issued under 360 CMR 10.000. Enforcement actions for
violating a term or condition of a permit may include those actions authorized by
360 CMR 2.00:
Enforcement and Administrative Penalties and those actions
authorized by federal and state laws and regulations. In addition, a Municipality
may enforce the terms and conditions of a permit which it issued jointly with the
Authority, and the terms and conditions of a Group, General, or Combined Permit
issued by the Authority to a Person discharging to its Municipal Sewer.
(11) The issuance of a permit by the Authority
shall not relieve the permittee of its obligation to comply with all applicable
laws and regulations, including the Federal Water Pollution Control Act,
33 USC §
1251
et seq., and federal
regulations promulgated thereunder, the Massachusetts Clean Waters Act, M.G.L. c.
1, § 26 et seq., and Massachusetts regulations promulgated
thereunder, and 360 CMR 10.000, unless specifically modified by the
permit.
(12) 360 CMR 10.000 shall not
be construed to require the Authority to permit itself for Authority activities
done to carry out the Authority's responsibilities under any federal or state
laws, regulations, or requirements.
Notes
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