314 CMR, § 21.10 - General Conditions

The following general conditions apply to all Watershed Permits and shall be included therein:

(1) Duty to Comply. Except as provided in 314 CMR 21.10(2), each permittee shall comply with all terms and conditions of this permit, 314 CMR 21.00, M.G.L. c. 21, §§ 26 through 53, and all other applicable state and federal statutes and regulations. Noncompliance with any of the foregoing is grounds for enforcement action, permit termination, permit revocation, permit modification, or denial of a permit renewal application.

(2) Treatment of Co-permittees. Notwithstanding 314 CMR 21.10(1), each co-permittee is severally liable for those activities they agree to carry out under the approved Watershed Management Plan.

(3) Notification of Delays. Each permittee shall promptly notify the Department, in writing, upon learning of any delay in compliance with the implementation schedule established by this permit. Such notice shall state the anticipated length and cause of the delay, the measure or measures to be taken to minimize the delay, and a timetable for implementing the measure or measures. The permittee shall take appropriate measures to avoid or minimize any such delay. Notification will not shield the permittee from liability associated with noncompliance with the permit's implementation schedule.

(4) Proper Operation and Maintenance. Each permittee, at all times, shall properly operate and maintain all Conventional and Alternative Control Approaches and Technologies and related appurtenances which are installed or used by the permittee pursuant to, or to achieve compliance with, the terms and conditions of this permit.

(5) Duty to Mitigate. Each permittee shall take all reasonable steps to minimize or prevent any significant adverse impact on human health or the environment that may result from non-compliance with this permit.

(6) Relationship to Other Permits. This permit shall not be construed to relieve the permittee, individually or collectively, of the obligation to comply with the terms and conditions of any other permit, order or approval, including any Section 401 Water Quality Certificate, issued by the Department.

(7) Duty to Monitor. Each permittee shall carry out the approved monitoring activities established by this permit. Samples and measurements taken for the purpose of monitoring shall be representative of the monitored activity. Monitoring information required by this permit shall be retained for five years following the life of the permit, or as otherwise approved by the Department. Records of monitoring information include:

(a) the date, exact location, and time of sampling or measurements;

(b) the individual(s) who performed the sampling or measurements;

(c) the date(s) analyses were performed;

(d) the individual(s) who performed the analyses;

(e) the analytical techniques or methods used; and

(f) the results of such analyses.

Monitoring must be conducted according to test procedures approved by the Department or the EPA for such purposes, unless other test procedures are specified in the permit.

(8) Duty to Report Monitoring Results. Each permittee shall report to the Department the results of monitoring required by this permit pursuant to 314 CMR 21.05(2). Each permittee shall report to the Department the results of monitoring performed for purposes of this permit at the intervals specified in this permit or in the permittee's approved monitoring plan. All reports prepared in accordance with the terms and conditions of this permit shall be available for public inspection.

(9) Toxics Control. In conducting activities under this permit, each permittee shall not discharge any pollutant or combination of pollutants in toxic amounts. Any toxic components of such activities shall not result in any demonstrable harm to aquatic life or violate any state or federal law, regulation, or water quality standard.

(10) Five-year Reporting. Each permittee shall submit reports to the Department every five years. The initial five-year report is due five years from the effective date of this permit and every five years thereafter until the end of the permit term. The reports shall contain information regarding activities of the previous five years. The following information shall be contained in each five-year report:

(a) a description, including dates, of the installation of any treatment and control systems and facilities, or approaches taken, during the reporting period;

(b) a summary of results of any monitoring information that has been collected and analyzed during the reporting period;

(c) a performance evaluation of the treatment and control systems and facilities, and approaches taken, during the reporting period, including identification of any non-compliance, performance shortcomings, or challenges along with recommended corrective actions and optimization activities, as necessary;

(d) a discussion of the activities planned, and the associated critical path for the next five-year reporting cycle, consistent with the implementation schedule;

(e) a self-assessment review of compliance with the terms and conditions of this permit during the reporting period; and

(f) a progress report which describes the progress made in achieving the Necessary Nitrogen Load Reductions and water quality and habitat quality restoration goals required to achieve the designated uses for the waterbody, including an evaluation of the results of the permittee's water quality management program to date, any proposed adjustments and modifications to the strategies and practices under the approved Watershed Management Plan, pertinent sampling and monitoring results, including sentinel station monitoring results (if applicable), as well as other data pertinent to the technologies installed and approaches taken under the approved Watershed Management Plan as of the date of the report, any proposed nitrogen reduction credits for Alternative Control Approaches and Technologies, any changes requested to the approved implementation schedule, and any other information requested by the Department.

(11) Modification of the Approved Watershed Management Plan or Implementation Schedule. A request for any modifications to the approved Watershed Management Plan or the implementation schedule established by this permit must be in writing. A modification of the plan or schedule shall become an effective and enforceable requirement under this permit upon the Department's approval of that modification in accordance with 314 CMR 21.06.

(12) Notification of Contract Changes. In the event the permittees agree to amend an Intermunicipal Agreement or other mutually binding agreement governing their obligations under the Watershed Permit or one or more of the permittee(s) unilaterally rescinds, terminates or otherwise withdraws from the agreement, then the permittees shall promptly notify the Department in writing of such action. A permittee's withdrawal, termination, or rescission with respect to the agreement shall operate as a termination of the Watershed Permit with respect to that permittee and the terms of 310 CMR 15.215(2)(d) requiring individual system upgrades and Best Available Nitrogen Reducing Technology for New Construction shall go into effect in the corresponding watershed area for each permittee to whom the termination is applicable pursuant to 314 CMR 21.10(14).

(13) Duty to Provide Information. Each permittee shall furnish to the Department any information which is requested to determine compliance with this permit or whether cause exists for modifying, revoking, reissuing, or terminating the permit. Each permittee shall also furnish the Department, upon request, copies of records required to be kept by this permit.

(14) Termination of Permit Coverage. Any one or more of the permittees may terminate coverage under this permit by providing written notice to the Department at least 60 days in advance of the date such termination is to take effect. Such notice shall include public notice of a public hearing to be held at least 30 days prior to the termination date. At least 30 days before the hearing, the permittee terminating coverage shall publish notice of the public hearing in the Environmental Monitor and in a local or regional newspaper with the largest readership distribution both online and in hardcopy, if hardcopy exists, within the area that may be affected by the termination and in accordance with the provisions in 314 CMR 21.04(2)(d) for Environmental Justice Populations. The permittee terminating coverage will also request that notice be published in the local town or city hall and on the website of the community or communities that may be affected. The Department will post the notice on the Department's webpage. Such notice will not be construed to relieve any permittee, individually or collectively, of the obligations to comply with the terms and conditions of this permit while such coverage remains in effect. A permittee's termination of coverage under this permit shall operate as a termination of the Watershed Permit with respect to that permittee and the terms of 310 CMR 15.215(2)(d) requiring individual system upgrades and Best Available Nitrogen Reducing Technology for New Construction shall go into effect in the corresponding watershed area for each permittee to whom the termination is applicable.

(15) Facility Closure Requirements. Each permittee shall notify the Department in writing at least 30 days prior to the closure of any treatment or control system or facility covered by this permit. The Department may require specific measures during deactivation of such systems to prevent any significant adverse health or environmental impacts.

(16) Planned Changes. Each permittee shall notify the Department in writing as soon as possible of any planned alterations or additions to any treatment or control system or facility covered by this permit, provided that such alterations or additions are not subject to any other permit issued by the Department pursuant to 314 CMR 3.00: Surface Water Discharge Permit Program or 314 CMR 5.00: Ground Water Discharge Permit Program, or any Section 401 Water Quality Certificate issued by the Department. The Department may require specific measures to prevent any significant adverse health or environmental impacts that may result from such changes.

(17) Anticipated Noncompliance. The permittee shall give advance notice to the Department of any planned changes in the treatment, facilities, operations or activities authorized by the permit which may result in noncompliance with permit requirements within 30 days of acquiring knowledge or information that may result in noncompliance with the permit requirements.

(18) Permit Actions. This permit may be modified or revoked by the Department in accordance with 314 CMR 21.06. The filing of a request by the permittee for a permit modification or a notification of planned changes or anticipated noncompliance does not stay any permit term or condition.

(19) Inspection and Entry. Each permittee shall allow the Department and its authorized representatives to enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records required by this permit are kept, to: access and copy, at reasonable times, any records pertaining to the implementation of pollutant reduction actions authorized by the approved Watershed Management Plan or the permit and any records that must be kept under the conditions of the permit; inspect at reasonable times any properties, facilities, equipment, activities, or operations regulated or required under this permit; and sample or monitor at reasonable times for the purpose of determining compliance with the terms and conditions of the approved Watershed Management Plan and this permit. In addition, each permittee shall make reasonable efforts upon request of the Department to secure from the owners and operators of premises owned or operated by third parties access at all reasonable times to conduct such activities.

(20) Property Rights. The issuance of this permit does not convey any property rights of any sort, or any exclusive privileges, or authorize any injury to private property, or any invasion of personal rights.

(21) Compliance with Laws. The issuance of this permit does not relieve the permittee of the permittee's obligations to comply with applicable federal, state, and local laws, regulations, ordinances and bylaws.

(22) Severability. The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstance, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby.

(23) Duty of Public Availability. The permittee shall make all documents identified in 314 CMR 21.00 (including but not limited to: the application, draft permit, final permit, requests for modification, and annual reports) available to the public on the permittee's public website. The permittee shall put all documents on the website within five days of providing them to or receiving them from the Department, and all posted documents shall remain on the website throughout the permit term.

(24) Permit Renewal. Any Watershed Permit issued under 314 CMR 21.00 may be renewed pursuant to 314 CMR 21.06. To seek renewal, the permittee must file an application for renewal at least six months before the expiration date of the existing permit in accordance with the provisions of 314 CMR 21.06(5).

(25) Other Permits and Authorizations Unaffected. To the extent that any permittee is subject to a permit or legal authorization more stringent than the terms and conditions of the Watershed Permit, the permittee shall comply with the more stringent requirements. Further, the Department may issue permits and conduct other regulatory and enforcement activities as necessary within the watershed boundaries subject to the Watershed Permit without limitation.

Notes

314 CMR, § 21.10

Adopted by Mass Register Issue 1499, eff. 7/7/2023. Amended by Mass Register Issue 1501, eff. 7/7/2023.