Restrictions on the Issuance of a Permit

(1) The Department will not issue a permit pursuant to 314 CMR 5.00 if the discharge will cause or contribute to a violation of 314 CMR 4.00: Massachusetts Surface Water Quality Standards or impair the use of ground water as an actual or potential source of potable water. In addition, the Department will not issue a permit pursuant to 314 CMR 5.00 for the following discharges: (a) A discharge of any radiological, chemical, or biological warfare agent or high-level radioactive waste. (b) A discharge of effluent from a POTW within the Zone I of a public water supply source, or within the six-month ground water travel time to the public water supply source, whichever is larger. (c) A discharge of effluent from a POTW within the Zone A of a public water supply source. (d) A discharge within the Zone II or within the Interim Wellhead Protection Area of a public water supply source, of effluent from a POTW that treats industrial wastewater and has failed to establish and implement a pretreatment program as required by 314 CMR 12.08: Prohibitions and Standards for Discharge to POTWs, 12.09: POTW Pretreatment Programs and 5.10(8)(a). (e) A discharge of effluent from a Privately Owned Wastewater Treatment Facility (PWTF) that treats industrial wastewater within the Zone I, Zone A, Zone II, or within the Interim Wellhead Protection Area of a public water supply source. (f) A discharge within the Zone I of a public water supply source, or the six-month ground water travel time to the public water supply source, whichever is larger, of effluent from a PWTF limited to the treatment of sewage. (g) A discharge of effluent from a PWTF limited to the treatment of sewage within the Zone A of a public water supply source. (2) Notwithstanding the provisions of 314 CMR 5.06(1)(b), and (c), (e) through (g), the Department may renew a permit for a discharge described in 314 CMR 5.06(1)(b), and (c), (e) through (g), if the Department determines that: (a) the discharge was authorized by a permit issued by the Department before March 20, 2009; (b) no action is proposed that will increase the volume of effluent or the amount of pollutants that will be discharged above that authorized in the permit issued by the Department prior to March 20, 2009; (c) the permit requires the discharge to meet the more stringent of the water quality based effluent limitations or the technology based effluent limitations set forth in 314 CMR 5.10(3) and (4), and the additional effluent limitations set forth in 314 CMR 5.10(4A) that apply to discharges within the two-year travel time to a ground water source for a public water system; (d) if the facility is a PWTF, the sewer system is not reasonably accessible or permission to enter the system cannot be obtained from the authority having jurisdiction over it, in accordance with M.G.L. c. 83, §§ 3 and 11; and (e) if the facility is a POTW that treats industrial wastewater, the POTW has a pretreatment program that meets the requirements of 314 CMR 12.08: Prohibitions and Standards for Discharge to POTWs, 12.09: POTE Pretreatment Programs and 5.10(8)(a).