APPENDIX A
SELECTED PERMITS AND LICENSES REQUIRED
FOR
SEWER DISCHARGE
AND
PRETREATMENT SYSTEM INSTALLATION

 


APPENDIX A

Selected Permits and Licenses Required for Sewer Discharge
and Pretreatment System Installation

Baseline Monitoring Report -

Regulation: 40 CFR 403.12 (b)

Enforcement: EPA, Local Control Authority (POTW with "approved" pretreatment program)

Requirement: A discharger must file a report that characterizes the proposed discharge in terms of flows and concentrations of pollutants. The report discloses the operator of the facility, information on the water supply, manufacturing processes, production quantities, wastewater discharge streams, monitoring techniques, pollution prevention procedures and compliance schedules. Requires certification by management individual.

Applicability: Applicable to all "Categorical" Industrial Dischargers.

Timing: Baseline Monitoring Report (BMR) must be filed a minimum of 90 days in advance of the discharge.

Fee: None

  • 90-day Compliance Report -

Regulation: 40 CFR 403.12 (d)

Enforcement: EPA, Local Control Authority (POTW with "approved" pretreatment program)

Requirement: The discharger must file a report that assesses the extent of compliance with the applicable effluent discharge standards established. The report includes average and maximum flow measurements during discharge and laboratory analysis characterization of the wastewater effluent discharged to the sewer.

Applicability: Applicable to all "Categorical" Industrial Dischargers.

Timing: Report must be filed within 90 days of commencement of discharge.

Fee: None

  • Periodic Reports of Continuing Compliance -

Regulation: 40 CFR 403.12 (e)

Enforcement: EPA, Local Control Authority (POTW with "approved" pretreatment program)

Requirement: The discharger must submit a report with effluent analytical data detailing permit compliance every six months, unless other schedules are required by the regulatory agency.

Applicability: Applicable to all "Categorical" Industrial Dischargers.

Timing: Report must be filed in the months of June and December, unless otherwise stipulated.

Fee: None

  • Sewer Connection Permit -

Required in Massachusetts for Industrial Users and sanitary discharges of greater than 15,000 gallons per day. The Massachusetts Department of Environmental Protection (MA DEP) delegated the execution of the Industrial User portion of this program to the Massachusetts Water Resources Authority (MWRA) within their sewerage service area under the terms of a Memorandum of Understanding (MOU). Thus, this permit is not required in the MWRA Sewer Service Area for industrial dischargers but may be required to make a physical connection to the sewer.

Regulation: 314 CMR 7.00

Enforcement: MA DEP; Receiving POTW

Requirement: A permit is required for any activity resulting in any discharge of industrial pollutants to a POTW or discharges of new sanitary flows greater than 15,000 gallons per day.

Applicability: Outside the MWRA Sewer Service Area, if facility has any industrial related discharges to the sewer, then an application must be filed with the MA DEP. The confirmation of adequate capacity of the sanitary sewer system to convey, and the POTW to treat, the discharged sewage is determined during the review of this permit application. Discharge limitations for flow and wastewater constituents are assigned at the issuance of this permit (BWP IW 10, BWP IW 12 or BWP IW 33 for Industrial Wastewater, BRP WP 18 for sanitary sewage greater than 15,000 gpd).

Timing: Timing is in parallel with Pretreatment System Plans Approval

Fee: Included in Pretreatment Facility Plans Approval,

BWP IW 33 (no pretreatment facilities) $600.

  • Wastewater Pretreatment Facility Plans Approval -

Required for any type of industrial pretreatment facility, Type I or Type II. The MA DEP delegated the execution of this program to the MWRA within their sewerage service area under the terms of the MOU. The MWRA does not require Plans Approval within its Sewer Service Area.

Regulation: 314 CMR 12.00 and 257 CMR 2.00

Enforcement: MA DEP; Receiving POTW

Requirement: Submit an Engineering Report and IWWT Plans and Specifications to the MA DEP Regional Office, Industrial Wastewater Program.

Applicability: Outside the MWRA Sewer Service Area, facilities proposing wastewater pretreatment systems are required to obtain approval of an Engineering Report and industrial wastewater treatment system Plans and Specifications. The Engineering Report must describe the general operation of the facility, provide a facility water balance, discuss the principal wet processes, water quality requirements, water conservation measures, wastewater characteristics and effluent limitations. It must also provide a discussion of suitable pretreatment alternatives, a description of the selected wastewater treatment alternative, and an analysis of the impacts of the discharge on the receiving sewer system and POTW.

The plans and specifications are to provide information on the collection and pretreatment equipment, including: material specifications, sizes, design bases, scaled layouts, profiles and sections and instrumentation and alarms. The Engineering Report and Plans and Specifications are to bear the seal and signature of a Massachusetts Registered Professional Engineer.

Timing: Applications will be processed by the MA DEP as follows: administrative completeness review - 30 days; technical review - up to 240 days; public notice - 30 days; public comment review - up to 90 days. Total time line - up to 390 days (if no technical deficiencies are identified during the initial technical review period and no significant public comment is received, the total time line could be reduced to 210 days, total.)

Fee: $1,200 for a Type I facility (BWP IW 12); $1,500 for a Type II facility (BWP IW 10).

  • Special Waste Piping Plans Approval -

Local Plumbing Inspector approval is required for all special waste piping systems installed in Mass.

Regulation: 248 CMR 2.13

Enforcement: Local Plumbing Inspector.

Requirement: File a petition with the Local Inspector of Plumbing for approval of the "special waste" piping systems to be used to convey and pretreat industrial wastewater discharges to the sanitary sewer system. The owner must provide a notarized letter stating the chemicals to be discharged to the system that will form the basis for the engineer’s design for both the conveyance and IWWT systems.

Applicability: Design documents and specifications for the "special waste" system(s) that are to be installed must be reviewed and approved by the Town's Plumbing Inspector before installation. Establishing the adequacy of proposed pretreatment to conform to applicable discharge standards may occur during preparation of this submittal. Submitted design documents must bear the seal and signature of a Massachusetts Registered Professional Engineer (PE).

Timing: Application must be submitted and approved before installation of any components of the "special waste" system.

Fee: None

  • MWRA Sewer Use Discharge Permit -

Required for all Industrial Users and for any "categorical" industry no matter whether or not it discharges to the sewer within the MWRA Sewer Service Area.

Regulation: 360 CMR 10.000 (360 CMR 10.007(1))

Enforcement: EPA, MA DEP, MWRA Sewerage Division, Toxic Reduction and Control Department.

Requirement: File an application with MWRA for a Sewer Use Discharge Permit.

Applicability: Industrial wastewater dischargers are required to file an application with the MWRA describing proposed operations and discharge activities.

Timing: Application must be filed a minimum of 90 days in advance of the discharge.

Fee: Dependent upon assigned MWRA Category per 360 CMR 10.104. Payable before permit is issued, not with application.

  • Industrial User Discharge Permit, non-MWRA -

Required for all Significant Industrial Users (SIUs); may be required for any industrial user.

Regulation: Local Pretreatment Regulations, 40 CFR 403, Local Sewer Use Ordinance

Enforcement: Local Control Authority (EPA or EPA approved Pretreatment Program, MA DEP, POTW).

Requirement: File an application with the Local Control Authority for an Industrial User Discharge Permit (IUDP).

Applicability: Industrial wastewater dischargers may be required to file an application with the Local Control Authority describing proposed operations and discharge activities.

Timing: Application typically must be filed a minimum of 90 days in advance of the discharge.

Fee: Varies.

  • MWRA Sewer Use Discharge Permit Modifications, 360 CMR 10.055 -

Required for any action that substantially changes the volume or nature of discharge. Notification must be provided to the MWRA a minimum of 30 days before the substantial change. Any change to pretreatment facilities requires MWRA notification, and process changes that affect the volume or nature of discharge require notification. MWRA will use notification information to decide the need for any Sewer Use Discharge Permit modifications.

  • Wastewater Pretreatment Works Grading and Certified Operators -

All wastewater pretreatment works in the Commonwealth of Massachusetts must be classified and staffed with the appropriate number and grade of certified operators. Many other states have similar requirements.

Regulation: 314 CMR 12.00, 257 CMR 2.00, 360 CMR 10.006 (4)

Enforcement: MA DEP; MWRA

Requirement: Facilities where industrial wastewater pretreatment facilities will be installed are required to employ personnel who have been certified by the MA Board of Certification of Operators of Wastewater Treatment Facilities to operate them. In addition, these regulations impose minimum requirements for the number and Grade of operators to be employed (staffing), the type of records to be maintained and reports to be filed.

Applicability: An industry with pretreatment works will be required to file an application with the MA DEP, Millbury office describing the proposed IWWT process in application for a Facility Grade Assignment (FGA). Depending upon the grade assigned (1 to 4), licensed operators of an equivalent grade must be on-site at the commencement of discharge activity. A staffing plan (314 CMR 12.04 (3)) must also have been filed with the Board of Certification of Operators before this time. An Operations and Maintenance (O&M) manual (314 CMR 12.04 (1)) and as-built engineering drawings (314 CMR 12.03 (11)) for the IWWT do not have to be submitted to the Department but must be available on-site upon the commencement of the discharge.

Timing: Applications are typically reviewed by the Board on the last Thursday of each month. Depending upon the number of applications received, submitting is advisable at least 60 days before the discharge to help ensure the Board has had sufficient time to act on the request.

Fee: None

  • Permit to Install a Non-Hazardous Industrial Wastewater Holding Tank -

Required in Massachusetts for the discharge of an industrial wastewater to a tank for "bulking out" purposes.

Regulation: MA DEP Policy, Authority to regulate by Statute

Enforcement: MA DEP

Requirement: Permit for a tight tank (BWP IW 29) is required for discharge of industrial wastewater to a tank before off-site disposal.

Applicability: The alternative of discharging industrial wastewater that is not a hazardous waste to a tight tank for off-site hauling (bulking out) instead of sewer discharge requires the application for and issuance of a DEP permit, BWP IW 29. It is the general policy of the MA DEP not to consider applications for this method of disposal if sewer access is available. The MA DEP may make a policy exception if the facility cannot achieve sewer discharge limits.

Timing: Up to 210 days.

Fee: $ 350.

  • MA DEP Public Water Supply Cross Connection Permit -

Connections to potable water system must be protected by approved and permitted backflow devices.

Regulation: 310 CMR 22.22

Enforcement: MA DEP Regional Office, Division of Water Supply. The local public water supply owner may be an approved authority for the administration of the MA DEP Cross Connection Program.

Requirement: No person shall maintain upon premises that they own or occupy a cross connection between the distribution system of a public water supply, the water of which is being used for drinking, domestic, or culinary purposes, and the distribution system of any unapproved water source, unless the installation has been reviewed and approved by the MA DEP and permits have been issued.

An annual plan approval and test are required for each backflow prevention device. Application for the plan approval must be made on the MA DEP application form on or before January 1 of each year and must be accompanied by the appropriate fee and the annual owner Inspection and Maintenance Report Form.

Applicability: Back-flow protection may be required at the point of public water supply connection to a facility. In addition, such hazards as sinks with hose threads or inlets or reservoirs for cooling tower or other recirculating systems may require back-flow protection. The locations shall be determined by the existing or potentially existing health hazards. Simple installations, such as internal hazards, may be proposed by a licensed plumber. Only approved devices (manufacturer and model number) may be used and the selection of a particular device must be based on the specific application. Design documents (plans and specifications) for more complex installations (such as those for fire protection and dual distribution systems (potable and process waters)) must bear the seal and signature of a Registered Professional Engineer.

Timing: Applications (Form BRP WS 09) will be processed by the Public Water Supply/MA DEP as follows: administrative completeness review - 30 days; technical review - 60 days. Total time line - 90 days. (Providing no technical deficiencies are identified during the technical review. If so, the time line could be extended by up to 60 additional days).

Fee: $50 per device

  • Air Pollution Source Emissions, Plan Approvals -

Sources of Air Pollution from wastewater pretreatment facilities may require operating permits or control plan approvals.

Regulation: 310 CMR 7.00

Enforcement: MA DEP

Requirement: Varies according to air pollutants emitted, total potential to be emitted and other factors.

Applicability: All sources of air pollution above de minimis.

Timing: Varies

Fee: Varies

  • Hazardous Waste Generation Notification and EPA Identification Number -

Wastewater pretreatment "hazardous" residuals must be handled in accordance with regulations.

Regulation: 310 CMR 30.000

Enforcement: MA DEP

Requirement: Handling and disposal of hazardous waste must comply with all aspects of the hazardous waste regulations provided as 310 CMR 30.000. Hazardous waste disposed of off-site must be manifested using the generator’s hazardous waste generator number.

Applicability: Applicable to all wastes categorized as hazardous by characteristic or by listing.

Timing: Can begin immediately.

Fee: None

  • Other Permits, Local Building Department Permits, Approvals, Inspections -

Besides the permit categories listed above, other permits may apply as well. Such specialized permits a Radiation Discharge Permits or Licenses may be required for institutions that use low level radioactive materials. There are also other federal and state requirements that may apply, including the federal "Right-to-Know" regulations and the Massachusetts Toxics Use Reduction Act.

Local construction permits and inspection services, including building permits, plumbing permits, electrical permits, and street opening permits, may also be required.