New or Modified Discharge

(1) General. (a) M.G.L. c. 132A, §§ 16G through 16K allow for a new or modified discharge from a POTW to an Ocean Sanctuary if approved by the Department pursuant to M.G.L. c. 132A, §§ 12A through 16K and § 18 and 301 CMR 27.00. (b) The applicant for a new or modified discharge is also required to obtain all other applicable federal, state and local authorizations, including a surface water discharge permit in accordance with 314 CMR 3.00: Surface Water Discharge Permit Program. (2) Application Requirements. (a) Applicants may request a pre-application conference with the Department to help clarify application submission requirements, but such a pre-application conference is not required. If a pre-application conference is held, the Office shall be included, and the Department may invite other state agencies as applicable. (b) An application for a new or modified discharge must include the following: 1. The Department's application form for a new or modified discharge to an Ocean Sanctuary. 2. A description, coordinates, and maps of the proposed modified or new discharge, including location(s), average daily flow, proposed level of treatment, design capacity, existing and proposed outfall locations and alignment of discharge pipes and other related structures, a summary of any proposed changes to existing discharge conditions, effluent quality or characteristics. Maps shall show the boundaries of the affected Ocean Sanctuary and demarcate the following: Areas of Critical Environmental Concern; Special, Sensitive or Unique Resources from the Ocean Management Plan; marine life and natural resources including, but not limited to, wetland resource areas, shellfish beds, eelgrass beds, habitats of endangered and threatened species, species of special concern; fisheries resources including, but not limited to, commercial and recreational fishing areas, spawning sites, nursery and forage areas, and migratory pathways or areas necessary for other functions or critical stages in the life cycle of economically or recreationally important species; Concentrations of Water-dependent Uses from the Ocean Management Plan; recreational resources including, but not limited to, bathing beaches, boating areas and scenic areas; and water quality classification(s) of affected waters. 3. A final CWMP, targeted watershed management plan, or other appropriate substitute as may be required, that has been approved by the Department. 4. A final environmental impact report and certificate with the Secretary's findings and determinations. 5. A detailed evaluation of the receiving water body, including the data, information, results and conclusions from the following surveys and investigations establishing, at a minimum, a two year baseline: a. water quality monitoring, including nutrients, temperature, pH, dissolved oxygen, water clarity; b. fisheries survey, including finfish and shellfish; c. benthic sediments and infauna; and d. fisheries habitat, including eelgrass. 6. Data, information, results and conclusions from the development of a site-specific hydrodynamic model illustrating tides, bathymetry, mixing zones and seasonal variations that estimate dilution and dispersion of nutrients, pathogens, and other relevant contaminants within the wastewater discharge. 7. A hydrologic evaluation of any affected aquifer(s), including evaluation of the effects of the new or modified discharge, and any planned and potential sewering, on the recharge of the affected aquifer, and how those changes may affect drinking water supplies or natural resources. 8. An evaluation of the commercial and recreational fisheries at the project site, in the embayment and estuary, and in the affected Ocean Sanctuary, including the specific existing and potential fisheries, and the value of the fisheries. The evaluation must include an analysis of potential closures due to public health requirements including the potential extent of the mandatory shellfish bed closures to meet prescribed standards in the U.S. Food and Drug Administration's National Shellfish Sanitation Program Guide for the Control of Molluscan Shellfish. The evaluation shall also include potential impacts from the proposed outfall structure on normal operation of fishing vessels or equipment. A proposed long-term monitoring plan to document that any new or modified discharge would continue to meet the intent of M.G.L. c. 132A, §§ 12A through 16K and § 18, the standards of 301 CMR 27.06(3), and other applicable laws and regulations. 10. Documentation, detailed analysis, and supporting evidence demonstrating how the new or modified discharge meets the requirements and standards in 301 CMR 27.06(3). (c) The information required in 301 CMR 27.06(2)(b) should be prepared, to the extent possible, and submitted as part of the required Environmental Impact Report. (3) Standards for Approval. (a) In its review of an application pursuant to 301 CMR 27.06(2), the Department shall consider the information provided in the application and supplementary material, including documentation of planned mitigation efforts, requested and provided during the application and review process, correspondence and input from the Office and other affected agencies, and testimony and comments provided during public hearing and comment. (b) The Department may approve an application for a new or modified discharge only if the applicant has demonstrated that all the following requirements are met: 1. The new or modified discharge shall be consistent with the intent and purpose of M.G.L. c. 132A, §§ 12A through 16K and § 18. 2. The new or modified discharge shall meet the water quality standards of the receiving water body 3. The new or modified discharge shall protect the appearance, ecology, and marine resources of the Ocean Sanctuary. The new or modified discharge shall meet the United States Environmental Protection Agency's approved TMDL, if any, on any affected receiving water bodies. 5. The applicant has adopted and implemented a plan, approved by the Department, requiring the pretreatment of all commercial and industrial wastes discharged to the POTW. The applicant has adopted and implemented a program for water conservation according to the guidelines established by the Water Resources Commission. 7. The applicant has adopted and implemented a plan, approved by the Department, to control and minimize inflow and infiltration. 8. The applicant has adopted and implemented a plan, approved by the Department, to control any combined sewer overflows. 9. The new or modified discharge shall not significantly affect the quality or quantity of existing or proposed water supplies by reducing ground or surface water replenishment. 10. The new or modified discharge is consistent with the policies and plans of the Office. 11. The new or modified discharge and treatment plans shall be consistent with all applicable federal, state, and local laws, ordinances, by-laws, rules and regulations protecting the environment, including but not limited to, the requirements of M.G.L. c. 21, c. 91, c. 130 and c. 131. 12. The new or modified discharge, including the outfall structure, shall not adversely impact marine fisheries or interfere with fishing grounds or the normal operation of fishing vessels. 13. For new discharges in the Cape and Islands Ocean Sanctuary, the Cape Cod Ocean Sanctuary and the Cape Cod Bay Ocean Sanctuary, the discharge shall receive advanced treatment, disinfection and such other treatment to remove nutrients, pathogens or other pollutants to avoid degradation of the ecology, appearance and marine resources of the sanctuary and to meet water quality standards and any applicable TMDLs. Chlorinated disinfection shall not occur unless it is followed by dechlorination prior to discharge. 14. In the Cape Cod Bay Ocean Sanctuary, within Plymouth, Kingston, Duxbury Bay, landward of a line between Gurnet Point and Rocky Point, no new or modified discharge shall be authorized in a depth of water that at mean low tide is less than 30 feet. (4) Review and Decision on Application. The review and decision on an application made pursuant to 301 CMR 27.06 shall proceed in accordance with the Department’s regulations at 314 CMR 2.00: Permit Procedures for an individual surface water discharge permit except as follows: (a) The Department’s public notice in accordance with 314 CMR 2.06: Public Notice and Comment shall include notice of a public hearing. The Department shall also provide individual notice to all municipalities bordering the affected sanctuary. (b) When the Department issues the final permit in accordance with 314 CMR 2.08: Issuance and Effective Date of Permit, General Permit Coverage, or Other Determination and Requests for Adjudicatory Hearings, it shall also provide individual notice of the final permit to any person commenting on the application and draft permit, and to all municipalities bordering the affected sanctuary. (c) The final permit will become effective 30 days after issuance unless any person aggrieved by the decision requests an adjudicatory hearing prior to the expiration of 30 days. (d) The final decision of the Department after an adjudicatory hearing, if any, shall take effect within 30 days, unless an appeal is taken under M.G.L. c. 30A, § 14, prior to the expiration of 30 days.