Remedial Wastewater Discharges to Surface Water

(1) Any person performing response actions at a disposal site in accordance with M.G.L. c. 21E and 310 CMR 40.0000 may discharge Remedial Wastewater to surface water, provided such discharge occurs in compliance with the terms and conditions of a NPDES permit or emergency exclusion granted by EPA pursuant to 33 U.S.C. 1251 et seq., if applicable, and M.G.L. c. 21E and 310 CMR 40.0000. (2) Any person performing response actions at a disposal site in accordance with M.G.L. c. 21E and 310 CMR 40.0000 may discharge Remedial Wastewater to surface water without a permit from the Department pursuant to M.G.L. c. 21, § 43, and 314 CMR 3.00, the Massachusetts' Surface Water Discharge Permit Program, provided the discharge is exempt from such permitting requirements under 314 CMR 3.05. (3) Any person discharging Remedial Wastewater to surface water in accordance with an emergency exclusion granted by EPA pursuant to 33 U.S.C. 1251 et seq. shall cease such discharge on or before 120 days from the effective date of the emergency exclusion initially authorizing such discharge, unless: (a) EPA grants such person an extension of the emergency exclusion initially authorizing the discharge; (b) a permit application for the discharge has been submitted to EPA in accordance with the NPDES program established pursuant to 33 U.S.C. 1251 et seq; or (c) such person has a NPDES permit from EPA authorizing the discharge. 40.0042: continued (4) Any person performing response actions at a disposal site pursuant to M.G.L. c. 21E and 310 CMR 40.0000 may discharge Remedial Wastewater to surface water that has been designated for protection as an Outstanding Resource Water under 314 CMR 4.04(3), only if: (a) such person has a currently valid variance for the discharge from the Department pursuant to 314 CMR 4.04(4); or (b) such discharge has been approved by the Department as an Immediate Response Action pursuant to 310 CMR 40.0420 to abate, prevent, or eliminate an Imminent Hazard for which there is no alternative discharge outlet reasonably available or feasible.