Discharges Requiring a Permit

(1) No person shall discharge pollutants to ground waters of the Commonwealth without a currently valid permit from the Department pursuant to M.G.L. c. 21, § 43, and 314 CMR 5.00, except as otherwise provided in 314 CMR 5.05. No person shall construct, install, modify, operate or maintain an outlet for such a discharge, or any treatment works required to treat such discharge without having first obtained a discharge permit in accordance with 314 CMR 5.03(1) and written approval from the Department for such activity, except as otherwise provided in 314 CMR 5.05. The Department may require any person to provide information to determine whether that person is subject to M.G.L. c. 21, §§ 26 through 53 or 314 CMR 5.00 or in violation of M.G.L. c. 21, §§ 26 through 53 or 314 CMR 5.00. Any person who discharges or proposes to discharge pollutants to ground waters of the Commonwealth shall apply for an individual permit, or request coverage under a general permit where applicable, by filing the appropriate application forms and paying the applicable fees in accordance with 314 CMR 5.00, 2.00: Permit Procedures and 310 CMR 4.00: Timely Action Schedule and Fee Provisions. (2) Except as otherwise provided in 314 CMR 5.05, activities which constitute discharges of pollutants requiring a permit under 314 CMR 5.03(1) include, but are not limited to, the construction, installation, modification, operation or maintenance of the facilities listed in 314 CMR 5.03(2)(a) through (e): (a) Any facility that discharges a liquid effluent onto or below the land surface; (b) Any facility that discharges a liquid effluent to a percolation pit, pond, or lagoon; (c) Any facility that discharges a liquid effluent via a soil absorption system, including but not limited to: leaching pits, galleries, chambers, trenches, fields, or pipes; (d) Any facility that discharges a liquid effluent into a Class V injection well as defined in 310 CMR 27.00: Underground Injection Control Regulations; or (e) Any facility with an associated unlined pit, pond, lagoon, or surface impoundment in which wastewaters or sludges are collected, stored, treated, or disposed and from which a liquid portion seeps into the ground.