314 Mass. Reg. 2.12

Current through Register 1527, August 2, 2024
Section 2.12 - Applications, Fees and Inspection Information

In accordance with M.G.L. c. 21, § 43 and M.G.L. c. 21A, § 18, the Department is authorized to impose and collect permit and compliance assurance fees from permit applicants and permittees, including applicants for and persons with general permit coverage.

(1)Applications and Fees. Any person required to obtain a permit or seeking general permit coverage pursuant to M.G.L. c. 21, § 43 and 314 CMR 3.00, 5.00, 7.00, or 20.00 shall submit, together with the application, any application fees established by the Department. Such application fee shall be payable to the Commonwealth of Massachusetts as provided in M.G.L. c. 21A, § 18, and is a condition prerequisite to obtaining a permit or general permit coverage or a renewal. Failure to pay such fee shall be cause for the Department to deny the application or refuse to renew such permit or permit coverage. The Department also has established compliance assurance fees in connection with permits and general permit coverage issued under M.G.L. c. 21, § 43 and 314 CMR 3.00: Surface Water Discharge Permit Program, 5.00: Ground Water Discharge Permit Program, 7.00: Sewer System Extension and Connection Permit Program and 20.00: Reclaimed Water Permit Program and Standards. Any person with a permit or general permit coverage issued pursuant to M.G.L. c. 21, § 43 and 314 CMR 3.00: Surface Water Discharge Permit Program, 5.00: Ground Water Discharge Permit Program, 7.00: Sewer S ys t em Ext en sion and C onnec t i o n Permit P rogram and 20.00: Reclaimed Water Permit Program and Standards shall submit the compliance assurance fee established by the Department as provided in M.G.L. c. 21A, § 18.
(2)Annual Inspection Information.
(a) Any permittee with a surface water or ground water discharge permit, including general permit coverage, or a reclaimed water permit issued pursuant to M.G.L. c. 21, § 43 and 314 CMR 3.00: Surface Water Discharge Permit Program, 5.00: Ground Water Discharge Permit Program, 7.00: Sewer System Extension and Connection Permit Program and 20.00: Reclaimed Water Permit Program and Standards, respectively, may be required annually to submit inspection information as a condition of the permit or permit coverage. Such persons shall submit to the Department, on a form available from or acceptable to the Department, such information as the Department may specify, which may include, but is not limited to:
1. the nature and amount of pollutants discharged from the treatment works;
2. information which may be needed to determine the nature and amount of pollutants discharged from the treatment works; and
3. any other information pertaining to the operation of the treatment works and the discharge therefrom.
(b) The information required in 314 CMR 2.12(2)(a) shall be submitted to the Department as required by the applicable permit or general permit coverage and is in addition to any other information the Department may require. Submission of such inspection information annually may be a condition of the permit or general permit coverage, and failure to submit such information as required shall be cause for revocation of the permit or general permit coverage. Copies of such information submitted shall be available to the public in accordance with 314 CMR 2.11 and 310 CMR 3.00: Access to and Confidentiality of Department Records and Files.

314 CMR 2.12