Requirements for Privately Owned Wastewater Treatment Facilities

(1) A person owning, operating, or proposing to own or operate, a Privately Owned Wastewater Treatment Facility (PWTF) who applies for an individual permit or general permit coverage under 314 CMR 5.00 to construct, install, modify, operate or maintain a PWTF shall demonstrate to the Department’s satisfaction compliance with the requirements of 314 CMR 5.15(1)(a) through (c) by signing and submitting with the permit application a Certification for PWTFs, and a Supplemental Certification for PWTFs (when applicable), in accordance with 314 CMR 5.15(7), in addition to the Certification required by 314 CMR 5.14(3). (a) A single entity (the “single responsible entity”) shall be the permittee responsible for the operation of the facility, including reporting, monitoring, maintenance, repair and replacement of the PWTF. (b) Except as otherwise provided in 314 CMR 5.12(5), the single responsible entity shall not change its organizational arrangements, nor sell, assign, or transfer the PWTF without the prior written approval of the Department. (c) The single responsible entity shall own or control the land on which the PWTF is located, and shall own or control land, or obtain easements that provide access to: 1. the land on which the PWTF is located; 2. the wastewater collection system and any associated appurtenances; 3. all land within ten feet of any component of the collection system; and 4. the land area surrounding the disposal system that is essential to system operation and maintenance. (2) If the privatelyowned wastewatertreatment facilitytreats wastewatergenerated byactivities that are owned or controlled by persons other than the single responsible entity, the applicant shall also demonstrate to the Department’s satisfaction compliance with the requirements of 314 CMR 5.15(2)(a) and (b) by signing and submitting with the permit application a Certification for PWTFs, and a Supplemental Certification for PWTFs (when applicable), in accordance with 314 CMR 5.15(7), in addition to the Certification required by314 CMR 5.14(3). (a) All stakeholders shall share the financial and operational responsibilities for the PWTF required by 314 CMR 5.00. (b) The single responsible entity shall have the authority to institute a user charge system sufficient to generate adequate revenue, and to enforce such assessments against users in a manner equivalent to a municipal fee, tax or betterment assessment. (c) For purpose of 314 CMR 5.15(2), stakeholders shall include the persons who own or control or will own or control any activities that result in the discharge of pollutants. If the PWTF treats sewage so that it may be used as reclaimed water in accordance with 314 CMR 20.00: Reclaimed Water Permit Program and Standards, stakeholder may also include any persons who own or control the activities that are involved in the use, sale, distribution, or offering for use, sale or distribution of the effluent from the PWTF as reclaimed water in accordance with 314 CMR 20.00. (d) If the PWTF treats at least some sewage from residential uses, hospitals, nursing or personal care facilities, residential care facilities, or assisted living facilities, the obligation of all stakeholders to share in the financial and operational responsibilities for the PWTF shall include, without limitation, the obligation to establish, fund and maintain a financial assurance mechanism that provides for an immediate repair and replacement account. Notwithstanding the foregoing, persons who agree to have their wastewater treated at a PWTF instead of an on-site subsurface sewage disposal system permitted by 310 CMR 15.000: The State Environmental Code, Title 5: Standard Requirements for the Siting, Construction, Inspection, Upgrade and Expansion of On-site Sewage Treatment and Disposal Systems and for the Transport and Disposal of Septage as part of a plan to mitigate the environmental impacts of the PWTF or ensure that effluent from the PWTF will not cause or contribute to a violation of 314 CMR 4.00: Massachusetts Surface Water Quality Standards, are not stakeholders as defined in 314 CMR 5.15(2). Such persons are not required to share all the financial and operational responsibilities for the PWTF including, if applicable, the obligation to establish, fund and maintain financial assurance mechanisms that provide for an immediate repair and replacement account. (3) If the PWTF does not treat any sewage from residential uses, hospitals, nursing or personal care facilities, residential care facilities, or assisted living facilities, and is not required to establish a financial assurance mechanism pursuant to 314 CMR 5.15(6), the applicant may, in lieu of making the demonstration required by 314 CMR 5.15(1), submit to the Department, together with the Certification for PWTFs and, when applicable, the SupplementaryCertification for PWTFs, a signed statement identifying all persons who own, control or have a substantial interest in the treatment works, an activity resulting in the discharge of pollutants, and the land on which the treatment works is located. In that event, the Department may require that any party who owns or controls the treatment works, an activity resulting in the discharge of pollutants, or the land on which the treatment works is located, shall be a permittee who is jointly and severally responsible for the operation of the treatment works in compliance with the permit, if the Department determines that including said person as a permittee is a necessary or appropriate means of protecting the public health, safety, welfare, or the environment, or to ensure that the treatment works and the discharge complies with the permit or 314 CMR 5.00. (4) A permittee responsible for the operation of a PWTF that treats at least some sewage from residential uses, hospitals, nursing or personal care facilities, residential care facilities, or assisted living facilities shall establish, fund and maintain financial assurance mechanisms to insure the Department that the permittee is capable of operating the facility in accordance with 314 CMR 5.00 and the permit. The permittee shall meet this obligation by completing the appropriate Department-approved form documents to establish the financial assurance mechanisms and shall file with the Department and maintain the current Department-approved form documents constituting or evidencing compliance with this obligation. The Department shall not authorize the permittee to operate a PWTF that treats at least some sewage from residential uses, hospitals, nursing or personal care facilities, residential care facilities, or assisted living facilities, and the permittee shall not operate said facility, unless and until: the Department has approved all required financial assurance mechanisms; the required financial assurance mechanisms are in full force and effect; and the permittee has made all financial contributions required by the financial assurance mechanisms. The permittee shall perform all its obligations under the required financial assurance mechanisms approved by the Department. (5) A permittee responsible for the operation of a PWTF that treats at least some sewage from residential uses, hospitals, nursing or personal care facilities, residential care facilities, or assisted living facilities shall establish, fund and maintain a financial assurance mechanism in the form of an escrow agreement developed by the Department for such purpose that provides for an immediate repair and replacement account in accordance with 314 CMR 5.15(5)(a). (a) Immediate Repair and Replacement Account. The immediate repair and replacement account shall contain adequate funds to correct any unanticipated problem immediately so that any disruption of operation is minimized, and a violation of the terms and conditions contained in the permit does not occur. Prior to conducting the clear water test for a new PWTF that treats at least some sewage from residential uses, hospitals, nursing or personal care facilities, residential care facilities, or assisted living facilities, the permittee shall place in the immediate repair and replacement account an amount equal to at least 25% of the estimated construction cost of the PWTF. At least 30 days prior to renewal or transfer of a permit for an existing PWTF that treats at least some sewage from residential uses, hospitals, nursing or personal care facilities, residential care facilities, or assisted living facilities, sufficient funds shall be placed in the immediate repair and replacement account so that the total amount in the account equals at least 25% of the estimated construction cost of the PWTF. All permittees responsible for the operation of a PWTF that treats at least some sewage from residential uses, hospitals, nursing or personal care facilities, residential care facilities, or assisted living facilities shall keep an amount equal to at least 25% of the estimated construction cost of the PWTF in the immediate repair and replacement account and shall replenish the account within 90 days of any disbursement. An applicant or permittee may obtain additional time to establish or replenish the account, if a request is submitted to the Department providing sufficient justification for the extension and if the Department approves the request in writing. (b) The estimated construction cost of the wastewater treatment facility shall include the cost of constructing the wastewater treatment plant, the collection system and all mechanical equipment associated with the wastewater treatment plant and collection system, but shall not include the cost of the land or disposal area. (6) The Department may require a PWTF that does not treat any sewage from residential uses, hospitals, nursing or personal care facilities, residential care facilities, or assisted living facilities to establish, fund and maintain a financial assurance mechanism that provides for an immediate repair and replacement account in accordance with 314 CMR 5.15(4) and (5) if, at the time of permit renewal or any other time, the Department determines that establishment, funding and maintenance of a financial assurance mechanism is necessary to ensure that the PWTF operates in compliance with its permit, or 314 CMR 5.00, or to protect the public health, safety, welfare or the environment. In making this determination, the Department shall consider the compliance history of the PWTF, the risk the PWTF poses to the public health, safety, welfare, or the environment including without limitation actual and potential sources of potable water for public water systems, private water supply wells, and downgradient hydrologically connected surface waters. (7) A Certification for PWTFs and, if applicable, a Supplemental Certification for PWTFs, as described in 314 CMR 5.15(1) and (2), shall be submitted on forms provided by the Department with the appropriate permit applications. If applicable, a signed statement as described in 314 CMR 5.15(3) shall also be submitted with the appropriate permit applications. These documents shall be signed and dated by the applicant in accordance with 314 CMR 5.14(1). (a) By signing these documents, the applicant acknowledges it is their responsibility to: 1. understand and comply with the requirements for PWTFs set forth in 314 CMR 5.15(1) through (3), and in related provisions of 314 CMR 5.00; 2. ensure that all pertinent documents, instruments, records, and information have been compiled, evaluated, and or established in order to provide the certifications; and 3. consult with legal, technical and other qualified professionals, as needed, to understand and comply with the requirements of 314 CMR 5.15, and to provide the certifications. (b) At the time of completing the Certification for PWTFs, the applicant shall certify that they have fully and completely satisfied and complied with all requirements set forth in 314 CMR 5.15(1) through (3), as applicable, or that they will be able to satisfy those requirements in thefuture. If the applicant chooses futurecertification, theyshall also submit a Supplemental Certification for PWTFs no later than 60 days from the date of the application, unless they request in writing and the Department agrees to a later date that precedes the issuance of a notice of a draft permit under 314 CMR 2.06: Public Notice and Comment. (c) The Department, in its sole discretion, may require the applicant to submit additional information in support of the Certification required by 314 CMR 5.14(3), the Certification for PWTFs, or the Supplemental Certification for PWTFs, in order to demonstrate to the Department’s satisfaction that the applicant has complied with the requirements of 314 CMR 5.15(1) through (3). (d) The applicant shall maintain a copy of all records, regardless of form (e.g., printed, electronic) upon which they rely in making the certification(s) that the applicable requirements of 314 CMR 5.15(1) through (3) have been met. Such records shall include without limitation all documents, instruments, records and information necessary, and any supporting documentation provided to the applicant by, or relied upon by, such qualified legal, technical or other professionals the applicant consults with to certify compliance with 314 CMR 5.15(1) through (3).