MassDEP Proposes to Revise Groundwater Discharge Permitting Program
Beveridge & Diamond, P.C. - Massachusetts Environmental, Land Use & Real Estate Alert, 2008
The Massachusetts Department of Environmental Protection (MassDEP) has issued draft regulations that will significantly revise, and to some extent simplify, the state groundwater discharge permitting program. The new rules will streamline the permitting process by eliminating a number of requirements and allowing the use of several standard general permits for common discharges, such as small (<50,000 gpd design capacity) private and public wastewater treatment facilities (sometimes referred to as package plants), certain boiler blowdown streams, car washes and laundromats.
The draft rules replace the current water quality standards by adopting the state drinking water maximum contaminant levels at 310 CMR 22.00 as discharge limits for groundwater discharges. These stringent standards will eliminate the need for separate groundwater quality standards, which have heretofore been applied as discharge limits through 314 CMR 6.00, now proposed for elimination.
The proposed regulations also establish several new programs. Most significantly, the draft rules require individual or general discharge permits for ground water discharges of storm water runoff from land uses with higher potential pollutant loads, such as stormwater runoff from high-intensity use parking lots. Land uses with higher potential pollutant loads will be able to avoid individual or general permits in some cases by certifying that all land uses are protected from exposure to rain, snow, snow melt and runoff.
A second new regulatory program is proposed to standardize the reuse of wastewater throughout the state by imposing uniform effluent standards for specific uses. This program, which will be established at 314 CMR 20.00, will apply to reclaimed wastewater uses such as golf course irrigation, restrooms, power plant cooling water, and agricultural irrigation.
In a continuing effort to protect drinking water supplies, MassDEP is proposing to disallow the issuance of ground water discharge permits for any new or increased discharge of storm water runoff within the Zone II from a land use that the MassDEP Drinking Water Regulations have identified as not suitable for a Zone II area. However, this prohibition is not an absolute development bar, as MassDEP has authorized a number of higher impact land uses in a Zone II area, including storm water discharges from gas stations with above ground tanks, high intensity use parking lots and fleet storage areas. Such uses are allowed with the adoption of best management practices to control storm water discharges.
Both the draft rules and the draft general permits are available from MassDEP, which is accepting public comments through June 11, 2008.
For further information, please contact Stephen Richmond at srichmond@bdlaw.com.
