Section 096-529-3 - Terms and conditions applicable to all general permits(a) Notice Required. Prior to discharging under the terms of a general permit, a person must file with the Department an initial Notice of Intent (NOI) for coverage on a form provided by the Department for the specific discharge category. A copy of the initial NOI form shall be provided by the applicant to the municipal office of the town or city, or the county commissioners in the case of an unorganized territory, in which the discharge will occur at the time it is submitted to the Department. A check for the appropriate fee amount must accompany each NOI in order for the application for coverage under the general permit to be considered to be complete. Public notice. The Department may specify in a general permit a procedure for providing public notice of the notice of intent or other coverage filings submitted to the Department. Whether such notice will be required, the type of notice and the timing of notice will be determined with consideration to the nature of the discharge, the anticipated level of public interest in the activity and the substance of the filing required by the general permit. Means of providing public notice may include but are not limited to publication in a newspaper, notifying abutters, filing a notice with the municipal office and/or county commissioners or posting on an internet web site maintained by the Department.
(b) Effective date of coverage. The Department must notify an applicant for coverage under a general permit within a time period specified in the general permit as to whether or not coverage for the specific discharge is accepted. If the Department does not notify the applicant within the specified time, the NOI is deemed to be accepted and coverage is granted. In the event coverage is not granted, the Department shall notify the applicant of the reasons for not granting coverage. Discharges not acceptable for general permit coverage may apply for issuance of an individual discharge permit.(c) Continuing Coverage. Coverage under an existing general permit will be continued upon payment of an applicable fee(s), provided there are no significant or material changes in the discharge as described in the NOI. If significant or material changes occur or are proposed, the person having filed the NOI must notify the Department, as specified in the general permit. Prior to expiration of a general permit, the Department shall make a determination if it is to be renewed, and, if so, will commence renewal proceedings. If the general permit is to be renewed, it shall remain in force until the Department takes final action on the renewal. Upon reissuance of a new General Permit, persons wishing to continue coverage must so notify the Department as specified in the new general permit.(d) Transfers of ownership. In the event that the ownership of a discharge is transferred to a new owner, the new owner may obtain coverage under the general permit as specified in the general permit. The new owner may be required to either file a new NOI or to notify the Department in writing to transfer the NOI. If changes in the discharge are proposed, a new NOI must be filed. The prior owner may be required to file a notice of termination or cosign an application for transfer.(e) Sampling and test procedures. Where a general permit requires sampling and testing of an effluent or other waste stream, all samples and measurements shall be representative of the volume and nature of the activity being monitored. The sampling, preservation, handling and analytical methods used must conform with Standard Methods for the Examination of Water and Waste Water, American Public Health Association, 1015 Fifteenth Street, NW Washington, D.C., 20th edition or methods referenced in 40 CFR Part 136. However, different but equivalent methods are allowable if they receive prior written approval from the Department.(f) Monitoring requirements. In addition to monitoring required by the conditions of specific general permit, the Department may require additional monitoring of an individual discharge as may be reasonably necessary in order to characterize the nature, volume or other attributes of that discharge or its sources.(g) Removed substances. Solids, sludges, filter backwash or other pollutants removed or resulting from the treatment of wastewaters shall be disposed of in a manner approved by the Department.(h) Other applicable conditions. The following conditions also apply to discharges pursuant to any general permit and are incorporated herein as if fully set forth. (1) Chapter 523, Section 2 (applicable to all discharges)(2) Chapter 523, Section 3 (applicable to certain categories of discharges)06- 096 C.M.R. ch. 529, § 3