314 CMR 7.00 — Sewer system extension and connection permit program

314 CMR: DIVISION OF WATER POLLUTION CONTROL

314 CMR 7.00: SEWER SYSTEM EXTENSION AND CONNECTION PERMIT PROGRAM Section 7.01: Purpose and Authority 7.02: Definitions 7.03: Activities Requiring a Permit 7.05: Activities Not Requiring a Permit 7.06: Prohibitions 7.07: Effect of a Permit 7.08: Continuation of an Expiring Permit 7.09: Application for a Permit 7.10: Permit Conditions 7.12: Modification, Suspension, Revocation and Renewal of Permits 7.13: Transfer of Permits 7.14: Signatories to Permit Applications and Reports 7.17: Standard Industrial Classification (SIC) Codes

314 CMR 7.00 Sewer system extension and connection permit program

7.01 Purpose and Authority

7.01: Purpose and Authority 314 CMR 7.00 establishes the program whereby sewer system extensions and connections are regulated and permitted by the Department pursuant to M.G.L. c. 21, § 43. 314 CMR 7.00 is adopted to insure proper operation of wastewater treatment facilities and sewer systems within the Commonwealth.

7.02 Definitions

7.02: Definitions As used in 314 CMR 7.00, the following words have the following meaning: Bypass means the diversion of wastes from any portion of a treatment works. Department means the Massachusetts Department of Environmental Protection (DEP) as established by M.G.L. c. 21A, § 7. Discharge or Discharge of Pollutants means any addition of any pollutant or combination of pollutants to waters of the Commonwealth from any source, including but not limited to, discharges from surface runoff which is collected or channeled by man; discharges through pipes, sewers, or other conveyances owned by a State, municipality, or other person which do not lead to a POTW; and discharges through pipes, sewers, or other conveyances, leading into privately owned treatment works. Discharge or Discharge of Pollutants does not include an addition of pollutants by any indirect discharger. Effluent means a discharge of pollutants into the environment, or to a sewer system whether or not treated. Effluent Limitation or Effluent Limit means any requirement, restriction, or standard imposed by the Department, local municipality, or US EPA on quantities, discharge rates, and concentrations of pollutants which are discharged from point sources into waters of the Commonwealth or to publicly owned treatment works. Environmental Protection Agency or EPA means the United States Environmental Protection Agency. Existing Sewer Connection means any connection to the sewer system on or before April 25, 2014. Federal Act means the Clean Water Act, P.L. 92 500, as amended by P.L. 95 217 and P.L. 95 576, 33 U.S.C. 1251 et seq. Hazardous Waste means a hazardous waste pursuant to 310 CMR 30.000: Hazardous Waste.

314 CMR: DIVISION OF WATER POLLUTION CONTROL

7.02 continued

7.02: continued Industrial User, or Indirect Discharger means the entity that introduces pollutants into a municipal sewer system from any non-domestic source. Industrial Waste means any liquid, gaseous, or solid waste substance or a combination thereof resulting from any process of industry, manufacturing, trade, or business or from the development or recovery of any natural resources. Industrial Wastewater means waste in liquid form resulting from any process of industry, trade, or business, regardless of volume or pollutant content. Waste in liquid form consisting of only sewage is not considered industrial wastewater. IPP-POTW means a POTW that has an industrial pretreatment program approved by US.EPA under 40 CFR 403. Infiltration means water other than wastewater that enters a sewer system (including sewer connections and foundation drains) from the ground through means which include, but are not limited to, defective pipes, pipe joints, connections, or manholes. Infiltration does not include, and is distinguished from inflow. Infiltration/Inflow means the quantity of water from both infiltration and inflow without distinguishing the source. Inflow means water other than sanitary flow that enters a sewer system (including sewer connections) from sources that include, but are not limited to, roof leaders, cellar drains, yard drains, area drains, drains from springs and swampy areas, manhole covers, cross connections between storm sewers and sanitary sewers, catch basins, cooling towers, storm waters, surface runoff, street wash waters, or drainage. Inflow does not include and is distinguished from, infiltration. Massachusetts (MA) Historical Commission means the enabling statute for the Massachusetts Historical Commission at M.G.L. c. 9, §§ 26 through 27C, and 950 CMR 71.00: Protection of Properties Included in the State Register of Historic Places. Massachusetts Water Quality Standards means 314 CMR 4.00: Massachusetts Surface Water Quality Standards and the ground water quality standards established at 314 CMR 5.11: Ground Water Standards. MEPA means the Massachusetts Environmental Policy Act, M.G.L. c. 30, §§ 61 through 62H, and 301 CMR 11.00: MEPA Regulations. Non-IPP-POTW means a POTW that does not have an industrial pretreatment program approved by US EPA under 40 CFR 403. Pass Through means the discharge of pollutants through the POTW into waters of the Common­ wealth in quantities or concentrations which cause or significantly contribute to a violation of any requirement or limit of the POTW's permit (including but not limited to an increase in the magnitude or duration of a violation). Permit means an authorization issued pursuant to M.G.L. c. 21, § 43 and 314 CMR 2.00: Permit Procedures and 3.00: Surface Water Discharge Permit Program, 5.00: Ground Water Discharge Permit Program, 7.00: Sewer System Extension and Connection Permit Program, or 20.00: Reclaimed Water Permit Program and Standards. Person means any agency or political subdivision of the Commonwealth, the federal government, any public or private corporation or authority, individual, partnership or association, or other entity, including any officer of a public or private agency or organization, upon whom a duty may be imposed by or pursuant to any provisions of M.G.L. c. 21, §§ 26 through 53.

314 CMR: DIVISION OF WATER POLLUTION CONTROL

7.02 continued

7.02: continued Pollutant means any element or property of sewage, agricultural, industrial or commercial waste, runoff, leachate, heated effluent, or other matter, in whatever form and whether originating at a point or major non point source, which is or may be discharged, drained or otherwise introduced into any sewerage system, treatment works or waters of the Commonwealth. Pollution means the presence in the environment of pollutants in quantities or characteristics which are or may be injurious to human, plant or animal life or to property or which unreasonably interfere with the enjoyment of life and property throughout such areas as may be affected thereby. Pretreatment means the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to or in lieu of discharging or otherwise introducing such pollutants into a POTW. Public Entity means any city, town, special district, the Massachusetts Water Resource Authority, the Department of Conservation and Recreation or other existing governmental unit eligible to receive a grant for the construction of treatment works from the United States Environmental Protection Agency pursuant to Title II of the Federal Act. Publicly Owned Treatment Works or POTW means any device or system used in the treatment (including recycling and reclamation) of municipal sewage or industrial wastes of a liquid nature which is owned by a public entity. A POTW includes any sewers, pipes, or other conveyances which convey wastewater to a POTW providing treatment. RCRA means the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976 (P.L. 94 580, as amended by P.L. 95 609, 42 U.S.C. § 6901 et seq.). RCRA Facility means, for the purpose of 314 CMR 7.00, a hazardous waste management facility regulated pursuant to RCRA and that discharges to any sewer or a POTW. Sanitary Sewage or Sewage means the water carried human or animal wastes from residences, buildings, industrial establishments or other places. Sewer Authority or Pretreatment Authority means any municipal authority or public entity that receives and may regulate the industrial indirect discharges to its POTW. Sewer System means pipelines or conduits, pumping stations, force mains, and all other structures, devices, appurtenances, and facilities used for collecting and conveying wastes to a site or works for treatment or disposal. Sewer Connection means the sewer pipes and appurtenant works necessary to connect a building or estate to a sewer system. Sewer Extension means the addition to a sewer system of a sewer pipe, together with appurtenant works, which when connected to the sewer system becomes the property of, and is operated and maintained by, the person owning the sewer system. State Act means the Massachusetts Clean Waters Act, as amended, M.G.L. c. 21, §§ 26 through 53. TR-16 means the Guides for Design of Wastewater Treatment Works, prepared by the Technical Advisory Board of the New England Interstate Water Pollution Control Commission. Treatment Works means any and all devices, processes and properties, real or personal, used in the collection, pumping, transmission, storage, treatment, disposal, recycling, reclamation or reuse of waterborne pollutants, but not including any works receiving a hazardous waste from off the site of the works for the purpose of treatment, storage or disposal, or industrial wastewater holding tanks regulated under 314 CMR 18.00: Industrial Wastewater Holding Tank and Container Construction, Operation, and Record Keeping Requirements.

314 CMR: DIVISION OF WATER POLLUTION CONTROL

7.02 continued

7.02: continued Wastewater means sewage, industrial waste, other wastes or any combination of the three. Waters of the Commonwealth means all waters within the jurisdiction of the Commonwealth, including, without limitation, rivers, streams, lakes, ponds, springs, impoundments, estuaries, wetlands, coastal waters, and ground waters.

7.03 Activities Requiring a Permit

7.03: Activities Requiring a Permit (1) No person shall construct, effect, maintain, modify or use any sewer system extension or connection without a currently valid permit from the Department pursuant to M.G.L. c. 21, § 43, and 314 CMR 7.00, unless such activity meets all the applicable conditions in 314 CMR 7.05, as determined by the Department. Notwithstanding the provisions in 314 CMR 7.05, the Department may, pursuant to its authority under M.G.L. c. 21, § 43, and 314 CMR 7.00, require any person constructing, effecting, maintaining, modifying, or using any sewer system extension or connection to obtain a permit from the Department. Any person who proposes to construct, effect, maintain, modify or use a sewer system extension or connection may obtain a permit by filing an application form in accordance with 314 CMR 7.00 and 2.00: Permit Procedures. The Department may also require any person to provide information as the Department may reasonably require to determine whether that person is subject to or in violation of M.G.L. c. 21, §§ 26 through 53, 314 CMR 7.00 and 314 CMR 12.00: Operation and Maintenance and Pretreatment Standards for Wastewater Treatment Works and Indirect Dischargers, including the conditions applicable to the activities not requiring a permit in 314 CMR 7.05. (2) Discharges from an industrial user that have a Standard Industrial Classification (SIC) Code listed in 314 CMR 7.17 and discharge greater than 25,000 gallons per day to a Non-IPP-POTW, unless exempted in accordance with 314 CMR 7.05(1)(h). (3) Notwithstanding the provisions in 314 CMR 7.05, discharges, as determined by the Department, that will or potentially could cause harm to the treatment works, pass through the treatment works, cause water quality violations in the receiving waters or cause wastewater to bypass part or all of the treatment works.

7.05 Activities Not Requiring a Permit

7.05: Activities Not Requiring a Permit (1) The following sewer extensions and sanitary sewer connections are not required to obtain or renew a permit under 314 CMR 7.00 and M.G.L. c. 21, § 43(2), provided that the connection or extension, as applicable, meets all the conditions of the applicable sections in 314 CMR 7.05(1), as determined by the Department: (a) Sewer Extensions. Any sewer extension to a sewer system that meets the following criteria:

1. the sewer extension has been designed in accordance with TR-16 and applicable Department policies;
2. the sewer extension has been permitted by the local or regional sewer authority and the permittee for such extension is in compliance with the local or regional permit, including, where applicable, any infiltration/inflow removal requirements contained therein;
3. where applicable, the permittee has complied with the requirements of MEPA and the MA Historical Commission; and
4. for a sewer extension that includes a privately owned pump station, the owner of such pump station has satisfied any requirements imposed by the local or regional sewer authority in its permit for the ownership, operation and maintenance, financial assurance for emergency repair and long-term replacement, or other conditions applicable to the pump station. (b) Existing Sanitary and Industrial Sewer Connections Previously Permitted by the Department. Existing sanitary and industrial sewer connections for which permits have been issued by the Department and which have been constructed, effected and maintained in accordance with that permit. Any increase in flow above the permitted discharge through such connections is also authorized without permit, provided such increase in flow meets all applicable requirements of 314 CMR 12.00: Operation and Maintenance and Pretreatment Standards for Wastewater Treatment Works and Indirect Dischargers, all requirements of federal law, and all local requirements.

314 CMR: DIVISION OF WATER POLLUTION CONTROL

7.05 continued

7.05: continued (c) New Sewer Connections. Any new sanitary sewer connection or industrial sewer connection from a facility with an SIC code not listed in 314 CMR 7.17, or increase in such flows to an existing sewer connection, provided that such sewer connection meets all of the following:

1. the sewer connection has been permitted by the local or regional sewer authority and the permittee for such connection is in compliance with the local or regional permit, including, where applicable, any infiltration/inflow removal requirements contained therein;
2. where applicable, the permittee has complied with the requirements of MEPA and the MA Historical Commission; and
3. for a sewer connection that includes a privately owned pump station, the owner of such pump station has satisfied any requirements imposed by the local or regional sewer authority in its permit for ownership, operation and maintenance, financial assurance for emergency repair and long-term replacement, or any other conditions applicable to the pump station. (d) Industrial Users as Part of Emergency Response Action: Any new and/or existing sewer connection and/or extension which discharges to the sewer system in compliance with the written instructions of an On-Scene Coordinator pursuant to 33 CFR Part 153 - Control of Pollution by Oil and Hazardous Substances, Discharge Removal and 40 CFR Part 300, Subchapter J - Superfund, Emergency Planning, and Community Right-to-know Programs, Subparts B and C, or if conducted as an Immediate Response Action in compliance with M.G.L. c. 21E and the regulations promulgated thereunder, 310 CMR 40.0000: Massachusetts Contingency Plan, or if approved in writing by the Department, the Commissioner, or their designees, as necessary to abate, prevent, or eliminate an imminent hazard to the public health, safety, welfare, or the environment is not subject to permit requirements; provided, however the indirect discharger has approval for the connection and discharge from both the entity controlling the sewer system and the entity controlling the POTW. (e) Industrial Users as Part of Waste Site Cleanup Actions. Any new and/or existing sewer connection and/or extension which discharges to the sewer system in compliance with the provisions of M.G.L. c. 21E and 310 CMR 40.0000: Massachusetts Contingency Plan, provided, however, that:
4. prior to the date of commencement of the discharge, the Department, Commissioner, or their designees, or the Commonwealth did not issue an order prohibiting further connections or increased flows to the sewer system to which the connection is made or, if such an order has been issued, the connection or extension is in compliance with the terms of that order;
5. the discharger has approval for the connection and discharge from both the entity controlling the sewer system and the entity controlling the POTW; and
6. the discharger complies with applicable effluent limitations. (f) Industrial Users That Discharge to a IPP-POTW. Any Industrial User listed in 314 CMR 7.17 that discharges industrial wastewater or increases its flow to a IPP-POTW provided it complies with the following:
7. the sewer connection has been permitted by the local or regional sewer authority and the permittee for such connection is in compliance with the local, and/or regional permit, including, where applicable, any infiltration/inflow removal requirements contained therein; and
8. the industrial user complies with the applicable requirements in 314 CMR 12.00: Operation and Maintenance and Pretreatment Standards for Wastewater Treatment Works and Indirect Dischargers and applicable Federal Pretreatment Requirements. (g) Industrial Users that discharge less than 25,000 gallons per day to a Non IPP-POTW: Any Industrial User that discharges industrial wastewater or increases its flow to a Non IPP-POTW provided that such discharge or increase in flow does not result in a discharge greater than 25,000 gallons per day, and provided it complies with the following:
9. the sewer connection has been permitted by the local or regional sewer authority and the permittee for such connection is in compliance with the local and/or regional permit, including, where applicable, any infiltration/inflow removal requirements contained therein; and

314 CMR: DIVISION OF WATER POLLUTION CONTROL

7.05 continued

7.05: continued 2. the industrial user complies with the applicable requirements in 314 CMR 12.00: Operation and Maintenance and Pretreatment Standards for Wastewater Treatment Works and Indirect Dischargers and applicable Federal Pretreatment Requirements. (h) Industrial Users for which a permit has been issued discharging to a Non-IPP-POTW: Any Industrial User with an SIC Code listed in 314 CMR 7.17 that:

1. discharges greater than 25,000 gpd to a Non IPP-POTW and has, as of April 25, 2014, an existing sewer connection permit issued by the Department; or
2. receives a sewer connection permit from the Department subsequent to April 25, 2014, does not have to renew that permit provided that: a. the sewer connection is permitted by the local and/or regional authority and the permittee for such connection is in compliance with the local or regional permit; b. the permittee is in compliance with 314 CMR 12.00: Operation and Maintenance and Pretreatment Standards for Wastewater Treatment Works and Indirect Dischargers; and c. there has been no change in wastewater characteristics.

7.06 Prohibitions

7.06: Prohibitions (1) No person owning or maintaining a sewer system shall operate such system in a manner, or allow additional sewer extensions or sewer connections to the system that would result in: (a) Any surcharging, overflow or bypassing of the system that is not authorized by a discharge permit issued by the Department pursuant to M.G.L. c. 21, § 43; or (b) An increase in a surcharge, overflow or bypass permitted by the Department which increase would result in the elimination of an existing beneficial use of the receiving waters as established in the Massachusetts water quality standards, or the creation of a hazard to the public health or safety; or (c) Any violation of the provisions of 314 CMR 12.00: Operation and Maintenance and Pretreatment Standards for Wastewater Treatment Works and Indirect Dischargers. (2) No person owning, maintaining or using a sewer connection shall discharge or allow the discharge of wastewaters through such connection which would result in a hazard to the public health or safety or a violation of the provisions of 314 CMR 7.00 or 12.00: Operation and Maintenance and Pretreatment Standards for Wastewater Treatment Works and Indirect Dischargers. (3) No person shall construct or allow the construction of sewer lines and associated appurtenances within a Zone I of a Public Water Supply Well or the Zone A of a Public Surface Water Supply, unless the construction is necessary to eliminate existing sources of pollution or to cross a tributary to the surface water. In cases where construction within Zones I or A is necessary, the construction of the sewer lines and associated appurtenances shall be designed using watertight construction methods.

7.07 Effect of a Permit

7.07: Effect of a Permit Unless a permit specifically states otherwise, a permit for a sewer extension or connection issued by the Department shall be deemed to authorize the applicant or person owning the sewer system of which the sewer extension or connection is a part to construct, effect and maintain the extension or connection as described in the application and in accordance with approved plans and specifications. Use of the extension or connection shall be deemed permitted up to the total flow stated in the application form and additional connections adding flow within this gallonage amount shall not be the subject of a separate application to the Department provided that the industrial waste flow stated in the application form is also not exceeded and that no new sources of industrial wastewater other than those establishments approved by the Department are added to the system through the permitted sewer extension or connection.

7.08 Continuation of an Expiring Permit

7.08: Continuation of an Expiring Permit (1) The conditions of a permit continue in force under M.G.L. c. 30A, § 13, beyond the expiration date if:

314 CMR: DIVISION OF WATER POLLUTION CONTROL

7.08 continued

7.08: continued (a) the permittee has made timely application for renewal of a new permit pursuant to 314 CMR 7.09(3) which is a complete application under 314 CMR 7.09(4); and (b) the Department does not renew or issue a new permit with an effective date under 314 CMR 2.08: Issuance and Effective Date of Permit, General Permit Coverage, or Other Determination and Requests for Adjudicatory Hearings on or before the expiration date of the previous permit. (2) Permits continued under 314 CMR 7.08 remain fully effective and enforceable.

7.09 Application for a Permit

7.09: Application for a Permit (1) Duty to Apply. Any person required to obtain a permit pursuant to 314 CMR 7.03 shall complete and submit the application on a form prescribed by the Department. The Department's application form shall contain such standard permit terms and conditions that the Department deems necessary to assure that the proposed permitted activity complies with 314 CMR 7.00 and the State or Federal Acts, and other applicable regulations adopted thereunder. (2) Who Must Apply. The owner of the treatment works or activity resulting in a discharge of pollutant(s) shall apply for a permit. (3) Time to Apply. (a) Any person required to obtain a permit pursuant to 314 CMR 7.03 and who does not have a currently effective permit shall submit an application at least 90 days before the date on which the sewer system extension or connection is to be constructed, unless written permission for a later date has been granted by the Department. A Person proposing a new discharge is encouraged to submit his or her applications well in advance of the 90 day requirement to avoid delay. (b) Any person with a currently effective permit not exempted from permit renewal under 314 CMR 7.05 shall submit a new application at least 90 days before the expiration date of the existing permit, unless permission for a later date has been granted by the Department. (4) Determination of the Completeness of and Action on the Application. The Department shall not issue a permit before receiving a complete application as required under 314 CMR 2.03(2). Within a reasonable time following the receipt of a complete application, the Department shall tentatively determine to issue or deny the permit. If the Department tentatively determines to issue the permit, the complete application and any special conditions proposed by the Department shall serve as the draft permit. The public notice required pursuant to 314 CMR 2.06: Public Notice and Comment shall include the Department's tentative determination to issue or deny the permit. After the conclusion of the 30 day public comment period, or 45 days in the case of RCRA facilities, the Department shall: (a) issue the permit, by signing or otherwise documenting its approval of the application including any special conditions imposed by the Department based on its review of the application or in response to public comments; or (b) deny the permit.

7.10 Permit Conditions

7.10: Permit Conditions (1) Duration of Permits. Permits shall be effective for a fixed term not to exceed five years. The Department may issue any permit for a lesser duration to provide for and assure compliance with all applicable requirements of the State and Federal Acts and regulations adopted thereunder. (2) Monitoring, Record Keeping, and Reporting Requirements. (a) A permit may contain monitoring requirements to assure compliance with permit limitations and to provide for and assure compliance with all applicable requirements of the State and Federal Acts and regulations adopted thereunder. The type, intervals, and frequency of monitoring shall be sufficient to yield data which are representative of the monitored activity including, when appropriate, continuous monitoring. (b) A permit may contain requirements to report monitoring results with a frequency dependent on the nature and effect of the discharge.

314 CMR: DIVISION OF WATER POLLUTION CONTROL

7.10 continued

7.10: continued (c) The permittee shall retain records of all required monitoring information for a period of three years from the date recorded unless extended by the Department. This period also shall be extended for the duration of any enforcement action. (3) Schedule of Compliance. A permit may, when appropriate, specify a schedule leading to compliance with the State and Federal Act and regulations adopted thereunder. Any such schedule shall require compliance as soon as possible. (4) Other Conditions. (a) In addition to the conditions established under 314 CMR 7.10(1) through (3), a permit may include other conditions as follows:

1. Requirements to control or abate the discharge of certain pollutants through the application of best management practices.
2. Requirements to prepare and submit periodic operating reports for pretreatment facilities.
3. Requirements governing the disposal of sludge from pretreatment facilities.
4. Requirements to implement the provisions of 314 CMR 12.00: Operation and Maintenance and Pretreatment Standards for Wastewater Treatment Works and Indirect Dischargers. (b) In addition to 314 CMR 7.10(4)(a)1. through 4. applicable to all permits [314 CMR 7.10(1) through (4)], the Department may establish other conditions relative to the design, construction or use of the Sewer Extension or Sewer Connection, as deemed necessary by the Department on a case by case basis: to provide for and assure compliance with all applicable requirements of the State and Federal Acts and regulations adopted thereunder; to assure that the discharge does not have a deleterious effect upon the treatment works, processes, equipment, or receiving waters: or to assure that the sewer user's activity does not pose a threat to public health or the environment, or create a public nuisance. These conditions may establish effluent limitations, standards and applicable pretreatment requirements (314 CMR 12.08: Prohibitions and Standards for Discharge to POTWs); the removal of an adequate amount of infiltration/inflow and/or the provision of funding and other arrangements to ensure the removal of an adequate amount of infiltration/inflow.

7.12 Modification, Suspension, Revocation and Renewal of Permits

7.12: Modification, Suspension, Revocation and Renewal of Permits (1) As provided in M.G.L. c. 21, § 43(10), the Department may propose and determine to modify, suspend or revoke any outstanding permit, in whole or in part, for cause including, but not limited to, violation of any permit term, obtaining a permit by misrepresentation or failure to disclose fully all relevant facts or any change in or discovery of conditions that calls for reduction or discontinuance of the authorized discharge or activity. The Department may also modify a permit at the request of the permittee upon a showing, satisfactory to the Department, that the requested modification is appropriate in view of circumstances for which the permittee is not at fault. (2) The modification, suspension, revocation or renewal of a permit shall be processed in accordance with the provisions of 314 CMR 2.10: Modification, Suspension, Revocation and Renewal of Permits and General Permit Coverage. (3) Minor Modifications to Permits. Upon the consent of the permittee, the Department may modify a permit to make the corrections or allowances for changes in the permitted activity listed in 314 CMR 7.12(3), without following the procedures of 314 CMR 2.00: Permit Procedures. Any permit modification not processed as a minor modification under 314 CMR 7.12 must be made for cause and in accordance with the draft permit and public notice requirements of 314 CMR 2.00: Permit Procedures. Minor modifications may only: (a) Correct typographical errors; (b) Require more frequent monitoring or reporting by the permittee; (c) Change an interim compliance date in a schedule of compliance, provided the new date does not interfere with attainment of the final compliance date requirement; or

314 CMR: DIVISION OF WATER POLLUTION CONTROL

7.12 continued

7.12: continued (d) Allow for a change in ownership or operational control of a facility where the Department determines that no other change in the permit is necessary, provided that a written agreement containing a specific date for transfer of permit responsibility, coverage, and liability between the current and new permittee has been submitted to the Department.

7.13 Transfer of Permits

7.13: Transfer of Permits (1) Any permit issued pursuant to 314 CMR 7.00 is valid only for the person to whom it is issued, unless prior to transfer: (a) the current permittee notifies the Department at least 30 days in advance of the proposed transfer date; and (b) the notice includes a written agreement between the existing and new permittees containing a specific date for transfer of permit responsibilities and liability to the new permittee.

7.14 Signatories to Permit Applications and Reports

7.14: Signatories to Permit Applications and Reports All permits, applications, and reports shall be signed as follows: (1) For a municipality, State, Federal, or other public agency, by a principal executive officer, ranking elected official or other duly authorized employee if such employee is responsible for overall operation of the treatment works. (2) For all other applicants and permittees, by a duly authorized representative. An authorized representative may be: (a) A principal executive officer of at least the level of vice president for a corporation. (b) A general partner or proprietor if for a partnership or sole proprietorship respectively. (c) A duly authorized representative of the individual designated in 314 CMR 7.14(2)(a) or (b) if such representative is responsible for the sewer extension or connection and the overall operation of the facility discharging thereto.

7.17 Standard Industrial Classification (SIC) Codes

7.17: Standard Industrial Classification (SIC) Codes An Industrial User with a discharge to a sewer system and which the Department determines is classified by the following Standard Industrial Classification (SIC) Codes, or the corresponding North America Industry Classification System (NAICS) codes, is subject to 314 CMR 7.03(2) and 314 CMR 7.05(1)(h): 1000-1399 Metal Mining, Coal Mining, Oil and Gas Exploration;

1474-1499 Chemical/Fertilizer Mining, Nonmetallic Minerals;

2000-3999 Manufacturing;

4231 Maintenance Facilities for Motor Freight Transport;

4581 Airports, Flying Fields and Airport Terminal Service;

4911-4939 Electric and Gas Production;

4953 Refuse Systems;

7216 Dry-cleaning (except rug cleaning);

7217 Carpet and Upholstery Cleaning;

7218 Industrial Laundries;

7384 Photofinishing Laboratories;

7532-7539 Automotive Repair Shops and Paint Shops;

7549 Automotive Services;

7819 Motion Picture Developing/Printing/Film Processing;

8062-8069 Hospitals;

8071 Medical Laboratories;

8072 Dental Laboratories;

8731 Commercial Physical and Biological Research; and

Remedial discharges under M.G.L. c. 21E at any active or inactive facility falling in one or more

of the above SIC Code categories.

314 CMR: DIVISION OF WATER POLLUTION CONTROL REGULATORY AUTHORITY 314 CMR 7.00: M.G.L. c. 21, §§ 26 through 53. (PAGES 221 THROUGH 226 ARE RESERVED FOR FUTURE USE.)