Exemptions

The following activities are exempt from the need to obtain an individual or general permit pursuant to M.G.L. c. 21, § 43 and 314 CMR 3.00: (1) Any discharge of sewage from vessels, effluent from properly functioning marine engines, laundry, shower, and galley sink wastes, or any other discharge incidental to the normal operation of a vessel. This exclusion does not apply to rubbish, trash, garbage, or other such materials discharged overboard; nor to other discharges when the vessel is operating in a capacity other than as a means of transportation such as when used as an energy or mining facility, a storage facility or a seafood processing facility, or when secured to a storage facility or a seafood processing facility, or when secured to the bed of the ocean, contiguous zone or waters of the Commonwealth for the purpose of mineral or oil exploration or development. (2) Discharges of dredged or fill material into waters of the Commonwealth which are regulated under 33 U.S.C. 1251 § 404, and are exempted from the need for a permit pursuant to 314 CMR 9.01(2). (3) Any introduction of sewage, industrial waste or other pollutants into publicly or privately owned treatment works by indirect dischargers if authorized pursuant to 314 CMR 7.00. (4) Any discharge in compliance with the written instructions of an On-Scene Coordinator pursuant to 33 CFR Part 153 - Control of Pollution by Oil and Hazardous Substances, Discharge Removal and 40 CFR Part 300, Subchapter J - Superfund, Emergency Planning, and Community Right-To-Know Programs, Subparts B and C, or if conducted as an Immediate Response Action in compliance with M.G.L. c. 21E and 310 CMR 40.0000, or if approved in writing by the Department, as necessary to abate, prevent, or eliminate an imminent hazard to the public health, safety, welfare or the environment. (5) Any introduction of pollutants from non-point source agricultural and silvicultural activities, including runoff from orchards, cultivated crops, pastures, range lands, and forest lands, but not discharges from concentrated animal feeding operations, discharges from concentrated aquatic animal production facilities, discharges to aquaculture projects or discharges from silvicultural point sources, as defined in 314 CMR 3.03. (6) Return flows from irrigated agriculture. (7) Any discharge of storm water that does not constitute a "storm water discharge". (8) Any discharge that results from a response action conducted or performed in compliance with the provisions of M.G.L. c. 21E and 310 CMR 40.0000; provided, however, that the discharge is not to an Outstanding Resource Water, as defined in the Massachusetts Surface Water Quality Standards, 314 CMR 4.04(3), unless a variance pursuant to 314 CMR 4.04(4) is granted by the Department for such a discharge.