Section 096-523-3 - Additional conditions applicable to specified categories of NPDES permits [see 40 CFR 122.42]The following conditions, in addition to those set forth in Section 2, apply to all NPDES permits within the categories specified below:
(a) Existing manufacturing, commercial, mining, and silvicultural dischargers. In addition to the reporting requirements under Section 2(1), all existing manufacturing, commercial, mining, and silvicultural dischargers must notify the Department as soon as they know or have reason to believe: (1) That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following ``notification levels'': (i) One hundred micrograms per liter (100 ug/l);(ii) Two hundred micrograms per liter (200 ug/l) for acrolein and acrylonitrile; five hundred micrograms per liter (500 ug/l) for 2,4-dinitrophenol and for 2-methyl-4,6-dinitrophenol; and one milligram per liter (1 mg/l) for antimony;(iii) Five (5) times the maximum concentration value reported for that pollutant in the permit application in accordance with Chapter 521 Section 4(g)(7); or(iv) The level established by the Department in accordance with Section 5(f).(2) That any activity has occurred or will occur which would result in any discharge, on a non-routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following ``notification levels'': (i) Five hundred micrograms per liter (500 ug/l);(ii) One milligram per liter (1 mg/l) for antimony;(iii) Ten (10) times the maximum concentration value reported for that pollutant in the permit application in accordance with Chapter 521 Section 4(g)(7).(iv) The level established by the Department in accordance with Section 5(f).(b) Publicly owned treatment works. All POTWs must provide adequate notice to the Department of the following: (1) Any new introduction of pollutants into the POTW from an indirect discharger which would be subject to section 301 or 306 of CWA or Chapter 528 if it were directly discharging those pollutants; and(2) Any substantial change in the volume or character of pollutants being introduced into that POTW by a source introducing pollutants into the POTW at the time of issuance of the permit.(3) For purposes of this paragraph, adequate notice shall include information on (i) the quality and quantity of effluent introduced into the POTW, and (ii) any anticipated impact of the change on the quantity or quality of effluent to be discharged from the POTW.(c) Municipal separate storm sewer systems. The operator of a large or medium municipal separate storm sewer system or a municipal separate storm sewer that has been designated by the Director under Chapter 521 Section 9(a)(1)(v) must submit an annual report by the anniversary of the date of the issuance of the permit for such system. The report shall include: (1) The status of implementing the components of the storm water management program that are established as permit conditions;(2) Proposed changes to the storm water management programs that are established as permit condition. Such proposed changes shall be consistent with Chapter 521 Section 9(d)(2)(iii); and(3) Revisions, if necessary, to the assessment of controls and the fiscal analysis reported in the permit application under Chapter 521 Sections 9(d)(2)(iv) and (v);(4) A summary of data, including monitoring data, that is accumulated throughout the reporting year;(5) Annual expenditures and budget for year following each annual report;(6) A summary describing the number and nature of enforcement actions, inspections, and public education programs;(7) Identification of water quality improvements or degradation;(d) Storm water discharges. The initial permits for discharges composed entirely of storm water issued pursuant to Chapter 521 Section 9(e)(7) shall require compliance with the conditions of the permit as expeditiously as practicable, but in no event later than three years after the date of issuance of the permit.06- 096 C.M.R. ch. 523, § 3