Section 3.04 - Other Activities Requiring a Permit(1) No person shall engage in any other activity, other than those described in 314 CMR 3.03, which may reasonably result, directly or indirectly, in the discharge of pollutants into waters of the Commonwealth, without a currently valid permit from the Department, pursuant to 314 CMR 3.00 and 2.00, unless exempted in 314 CMR 3.05. Any person who engages or proposes to engage in such activities may apply for an individual permit or, if applicable, apply to obtain coverage under a general permit under 314 CMR 3.06, by filing the appropriate application forms in accordance with 314 CMR 3.00 and 2.00.(2) Such other activities shall specifically include, but are not limited to:(a)Storm Water Discharges means a conveyance or system of conveyances (including pipes, conduits, ditches and channels) primarily used for collecting and conveying storm water runoff, but not including combined municipal sewer systems, and which discharges storm water from small municipal separate storm sewer systems that require coverage under a general permit issued by the Department pursuant to 314 CMR 3.06(11)(b).(b)Case-by-case Designation of Storm Water Discharges. The Department may designate a conveyance or one or more systems of conveyances primarily used for collecting and conveying storm water runoff as a storm water discharge(s). This designation shall be made by the Department when:1. A Water Quality Management plan under of the the Clean Water Act, 33 U.S.C. 1251et seq, § 208, which contains requirements applicable to such discharge sources is approved, provided that any such discharge source is subject to designation as a storm water discharge only if it meets one or more of the designation criteria in 314 CMR 3.04(2)(b)2. through 5.; or2. The Department determines that a storm water discharge is or may be a significant contributor of pollution to the waters of the Commonwealth. In making this determination, the Department shall consider the following factors: a. The location of the discharge with respect to waters of the Commonwealth;b. The size of the discharge;c. The quantity and nature of the pollutants reaching waters of the Commonwealth and the Massachusetts water quality standards applicable to such waters; andd. Other relevant factors; or3. The Department determines that a discharge of storm water runoff is contaminated by contact with process wastes, raw materials, toxic pollutants, hazardous substances, or oil and grease, provided, however, that discharges in compliance with storm water management standards developed by the Department do not require a permit; or4. The Department determines that a discharge of storm water is subject to effluent limitations guidelines or toxic pollutant effluent standards; or5. The Department determines that a discharge of storm water is located in an industrial plant or in plant associated areas, if there is a potential for significant discharge of storm water contaminated by contact with process wastes, raw materials, toxic pollutants or hazardous substances. "Plant associated areas" means industrial plant yards, immediate access roads, drainage ponds, refuse piles, storage piles or areas, and material or product loading and unloading areas. The term excludes areas located on plant lands separate from the plant's industrial activities, such as office buildings and accompanying parking lots. Such discharges do not require an individual permit if the discharger has obtained coverage under an applicable general permit issued by EPA and/or by DEP pursuant to 314 CMR 3.06.(c) Any person owning, operating or maintaining a "storm water discharge" is subject to the requirements of 314 CMR 3.04(1).(d) Any person owning, operating or maintaining a conveyance or system of conveyances operated primarily for the purpose of collecting and conveying storm water runoff which does not constitute a "storm water discharge" is subject to the provisions of 314 CMR 3.05(7).