Antidegradation Provisions

(1) Protection of Existing Uses. In all cases existing uses and the level of water quality necessary to protect the existing uses shall be maintained and protected. (2) Protection of High Quality Waters. High Quality waters are waters whose quality exceeds minimum levels necessary to support the national goal uses, low-flow waters, and other waters whose character cannot be adequatelydescribed or protected bytraditional criteria. These waters shall be protected and maintained for their existing level of quality, unless limited degradation by a new or increased discharge is authorized by the Department pursuant to 314 CMR 4.04(5). Limited degradation also may be allowed by the Department where it determines that a new or increased discharge is insignificant because it does not have the potential to impair any existing or designated water use and does not have the potential to cause any significant lowering of water quality. (3) Protection of Outstanding Resource Waters. The quality of Outstanding Resource Waters shall be protected and maintained. (a) Any person having an existing discharge to these waters shall cease said discharge and connect to a POTW, unless it is shown by said person that such a connection is not reasonably available or feasible. Existing discharges not connected to a POTW shall be provided with the highest and best practical method of waste treatment determined by the Department as necessary to protect and maintain the outstanding resource water. (b) A new or increased discharge to an Outstanding Resource Water is prohibited unless: 1. the discharge is determined by the Department to be for the express purpose and intent of maintaining or enhancing the resource for its designated use and an authorization is granted as provided in 314 CMR 4.04(5). The Department's determination to allow a new or increased discharge shall be made in agreement with the federal, state, local or private entity recognized by the Department as having direct control of the water resource or governing water use; or 2. the discharge is dredged or fill material for qualifying activities in limited circumstances, after an alternatives analysis which considers the Outstanding Resource Water designation and further minimization of any adverse impacts. Specifically, a discharge of dredged or fill material is allowed only to the limited extent specified in 314 CMR 9.00: 401 Water Quality Certification for Discharge of Dredged or Fill Material, Dredging, and Dredged Material Disposal in Waters of the United States within the Commonwealth and 314 CMR 4.06(1)(d). The Department retains the authority to deny discharges which meet the criteria of 314 CMR 9.00, but will result in substantial adverse impacts to the physical, chemical, or biological integrity of surface waters of the Commonwealth. (4) Protection of Special Resource Waters. The quality of Special Resource Waters shall be protected and maintained. No new or increased discharge to an SRW, and no new or increased discharge to a tributary to an SRW that would result in lower water quality in the SRW, may be allowed, except where: (a) the discharge results in temporary and short term changes in the quality of the SRW, provided that the discharge does not permanently lower water quality or result in water quality lower than necessary to protect uses; and (b) an authorization is granted pursuant to 314 CMR 4.04(5). (5) Authorizations. (a) An authorization to discharge to waters designated for protection under 314 CMR 4.04(2) may be issued by the Department where the applicant demonstrates that: 1. The discharge is necessary to accommodate important economic or social development in the area in which the waters are located; 2. No less environmentally damaging alternative site for the activity, receptor for the disposal, or method of elimination of the discharge is reasonably available or feasible; 3. To the maximum extent feasible, the discharge and activity are designed and conducted to minimize adverse impacts on water quality, including implementation of source reduction practices; and 4. The discharge will not impair existing water uses and will not result in a level of water quality less than that specified for the Class. (b) An authorization to discharge to the narrow extent allowed in 314 CMR 4.04(3) or 314 CMR 4.04(4) may be granted by the Department where the applicant demonstrates compliance with 314 CMR 4.04(5)(a)2. through 4. (c) Where an authorization is at issue, the Department shall circulate a public notice in accordance with 314 CMR 2.06: Public Notice and Comment. Said notice shall state an authorization is under consideration by the Department, and indicate the Department's tentative determination. The applicant shall have the burden of justifying the authorization. Any authorization granted pursuant to 314 CMR 4.04 shall not extend beyond the expiration date of the permit. (d) A discharge exempted from the permit requirement by 314 CMR 3.05(4) (discharge necessaryto abate an imminent hazard) maybe exempted from 314 CMR 4.04(5) bydecision of the Department. (e) A new or increased discharge specifically required as part of an enforcement order issued by the Department in order to improve existing water quality or prevent existing water quality from deteriorating may be exempted from 314 CMR 4.04(5) by decision of the Department. (6) The Department applies its Antidegradation Implementation Procedures to point source discharges subject to 314 CMR 4.00. (7) Discharge Criteria. In addition to the other provisions of 314 CMR 4.00, any authorized discharge shall be provided with a level of treatment equal to or exceeding the requirements of 314 CMR 3.00: Surface Water Discharge Permit Program. Before authorizing a discharge, all appropriate public participation and intergovernmental coordination shall be conducted in accordance with 314 CMR 2.00: Permit Procedures.