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If you must know that the version you have is correct and up-to-date, then purchase the document through the state bookstore, the subscription service, and/or contact the appropriate MassDEP program. 314 CMR: DIVISION OF WATER POLLUTION CONTROL 314 CMR 3.00: SURFACE WATER DISCHARGE PERMIT PROGRAM Section 3.01: Purpose and Authority 3.02: Definitions 3.03: Discharges Requiring a Permit 3.04: Other Activities Requiring a Permit 3.05: Exemptions 3.06: General Permits 3.07: Restrictions on the Issuance of a Permit 3.08: Effect of a Permit 3.09: Continuation of an Expiring Permit 3.10: Application for a Permit 3.11: Permit Conditions 3.12: Variances for Thermal Discharges 3.13: Modification, Suspension, Revocation and Renewal of Permits 3.14: Transfer of Permits 3.15: Signatories to Permit Applications and Reports 3.16: Appendix A - Criteria for Determining a Concentrated Aquatic Animal Production Facility 3.17: Appendix B - Toxic Pollutants 3.19: Standard Permit Conditions 3.01: Purpose and Authority 314 CMR 3.00 has been promulgated by the Department of Environmental Protection pursuant to the Massachusetts Clean Waters Act, M.G.L. c. 21, §§ 26 through 53, and the Federal Clean Water Act, 33 U.S.C. 1251 et seq., and the National Pollutant Discharge Elimination System Permit Regulations at 40 CFR Part 122. The purpose of 314 CMR 3.00 is to implement the provisions of the Massachusetts Clean Waters Act, M.G.L. c. 21, §§ 26 through 53, and the Federal Clean Water Act, 33 U.S.C. 1251 et seq., as applied to surface water discharges, and to ensure that 314 CMR 3.00 confer sufficient authority on the Department to assume delegation from the EPA to administer the NPDES permit program within the Commonwealth. 314 CMR 3.06 also confers authority on the Department to issue general permits for surface water discharges, including general permits for storm water discharges from small municipal separate sewer systems regulated under EPA’s Phase II Storm Water Regulations set forth in the applicable provisions of 40 CFR Part 122, Subpart B. 3.02 Definitions Administrator - the Administrator of the United States Environmental Protection Agency, or an authorized representative. Best Management Practices or BMPs - schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of waters of the Commonwealth. BMPs include treatment requirements, operating procedures, structures, devices, and/or practices to control plant site runoff, spillage, or leaks, sludge or waste disposal, or drainage from raw material storage. Biological Monitoring - any test which includes the use of aquatic algal, bacterial, invertebrate, or vertebrate species to measure acute or chronic toxicity, and any biological or chemical measure of bioaccumulation. Bypass - the intentional diversion of wastes from any portion of a treatment works. Coastal Waters - all waters of the Commonwealth assigned SA, SB, or SC classifications in 314 CMR 4.00: Massachusetts Surface Water Quality Standards,. Combined Sewer Overflows or CSO - any intermittent overflow, bypass or other discharge from a municipal combined sewer system which results from a flow in excess of the dry weather carrying capacity of the system. 314 CMR: DIVISION OF WATER POLLUTION CONTROL 3.02: continued Combined Sewer System - a sewer system which, by design, collects and conveys both wastewater and storm water runoff. Commissioner - the Commissioner of the Department. Contact Cooling Water - water used to reduce temperature which comes into contact with a raw material, intermediate product, waste product (other than heat), or finished product. Contiguous Zone - the entire zone established by the United States under article 24 of the convention of the Territorial Sea and the Contiguous Zone. Control Measure - as the term is used in connection with general permits issued by the Department pursuant to 314 CMR 3.06, refers to any best management practice, (BMP) or other method, used to prevent or reduce the discharge of pollutants to waters of the Commonwealth. Conventional Pollutant - biochemical oxygen demand, suspended solids, pH, fecal coliform, or oil and grease. Department - the Massachusetts Department of Environmental Protection. Discharge or Discharge of Pollutants - any addition of any pollutant or combination of pollutants to waters of the Commonwealth from any source, including but not limited to, discharges from surface runoff which are collected or channelled by man; discharges through pipes, sewers, or other conveyances owned by a State, municipality, or other person, which do not lead to a POTW; and discharges through pipes, sewers, or other conveyances, leading into privately owned treatment works. This term does not include an addition of pollutants by any indirect discharger. Effluent - a discharge of pollutants into the environment, whether or not treated. Effluent Limitation or Effluent Limit - any requirement, restriction, or standard imposed by the Department on quantities, discharge rates, and concentrations of pollutants which are discharged from point sources into waters of the Commonwealth or to publicly owned treatment works. Effluent Limitation Guideline or Effluent Standard - a regulation published by the Administrator under 33 U.S.C. 1251 § 304, 306 or 307 or by the Department under M.G.L. c. 21, § 27 which is used as a basis for establishing effluent limitations. Environmental Protection Agency or EPA - the United States Environmental Protection Agency. Hazardous Substance - any of the substances designated under 40 CFR Part 116 pursuant to 33 U.S.C. 1251 § 311, or any hazardous material as defined in M.G.L. c. 21E. Hazardous Waste - a hazardous waste pursuant to 310 CMR 30.000: Hazardous Waste. Highest and Best Practical Treatment or HBPT – For the purposes of establishing technology based effluent limitations pursuant to 314 CMR 3.11(5), 4.04(5) and 405(5)(c), HBPT means the technology based standard of “Best Available Technology Economically Achievable (“BAT”) used by EPA under 33 U.S.C. 1251 et seq., defined as the most appropriate means available on a national basis for controlling the direct discharge of toxic and non-conventional pollutants to navigable waters and which represent the best existing performance technologies for a particular pollutant or group of pollutant that are economically achievable. Illicit Discharge – any discharge to a municipal separate storm sewer system (MS4) that is not composed entirely of storm water, except discharges pursuant to a surface water discharge permit pursuant to 314 CMR 3.00 (other than the surface water discharge permit for discharges from the MS4) and discharges resulting from fire fighting activities. Indirect Discharger - a discharger introducing pollutants to a treatment works. 314 CMR: DIVISION OF WATER POLLUTION CONTROL 3.02: continued Industrial Waste - any liquid, gaseous, or solid waste substance or a combination thereof resulting from any process of industry, manufacturing, trade, or business or from the development or recovery of any natural resources. Massachusetts Water Quality Standards - 314 CMR 4.00: Massachusetts Surface Water Quality Standards and 314 CMR 6.00: Ground Water Quality Standards. NPDES - the National Pollutant Discharge Elimination System permit program established pursuant to 33 U.S.C. 1342. New Discharger - any building, structure, facility, or installation: (a) from which there is or may be a new or additional discharge of pollutants at a site at which on August 13, 1979, it had never discharged pollutants; (b) which has never received a finally effective NPDES permit for discharges at that site; and (c) which is not a "new source". This definition includes an indirect discharger which commences discharging into waters of the Commonwealth after August 13, 1979. New Source - any building, structure, facility, or installation from which there is or may be a discharge of pollutants, the construction of which commenced: (a) After promulgation of standards of performance under 33 U.S.C. 1251 306 which are applicable to such source; or (b) After proposal of standards of performance in accordance with 33 U.S.C. 1251 § 306 Act which are applicable to such source, but only if the standards are promulgated in accordance with 33 U.S.C. 1251 § 306 within 120 days of their proposal. Non-conventional Pollutant - any pollutant other than a toxic pollutant or a conventional pollutant. Non-contact Cooling Water - water used to reduce temperature which does not come into direct contact with any raw material, intermediate product, waste product (other than heat), or finished product. Outlet - the terminus of a sewer system, or the point of emergence of any wastewater or effluent into the waters of the Commonwealth or onto the land surface. Permit - an authorization issued pursuant to M.G.L. c. 21, § 43 and 314 CMR 2.00, and 3.00, 5.00, or 7.00, to implement the requirements of the Massachusetts Clean Waters Act, M.G.L. c. 21, §§ 26 through 53 and the Clean Water Act, 33 U.S.C.