Remedial Wastewater Discharges to Non-publicly Owned Treatment Works

(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 a Non-publicly Owned Treat­ ment Works, provided: (a) the person controlling the Non-publicly Owned Treatment Works has a permit for such works issued by the Department pursuant to 314 CMR 3.00: Surface Water Discharge Permit Program, 5.00: Ground Water Discharge Permit Program, and/or 8.00: Supplemental Requirements for Hazardous Waste Management Facilities, whichever is applicable, that includes specific effluent limitations for the particular oils and hazardous materials in the Remedial Wastewater; (b) the Non-Publicly Owned Treatment Works has been designed or modified to provide a level of treatment adequate to comply with the applicable effluent limitations, as established by 314 CMR 3.00: Surface Water Discharge Permit Program, 5.00: Ground Water Discharge Permit Program, and/or 8.00: Supplemental Requirements for Hazardous Waste Management Facilities; and (c) such discharge complies with the terms and conditions of any permit, license or approval from the person controlling the Non-publicly Owned Treatment Works, and M.G.L. c. 21E and 310 CMR 40.0000. (2) No provision of 310 CMR 40.0040 shall be construed to require any person controlling a Non-publicly Owned Treatment Works to receive any discharge of Remedial Wastewater, or to limit the authority of any such person, including, but not limited to, any authority to impose connection, user or permit fees, or to impose requirements for the management of Remedial Wastewater, including, but not limited to, any authority to impose monitoring and reporting requirements, to establish volume restrictions, or to impose pretreatment requirements.