National Pollution Discharge Elimination System (NPDES)

Authorities: 33 U.S.C. ?1251 et seq.: Federal Water Pollution Control Act; 40 CFR 122: EPA Administered Permit Programs: National Pollutant Discharge Elimination System; M.G.L. Ch. 21 s. 26-53: Massachusetts Clean Waters Act; 314 CMR 3.00: Massachusetts Surface Water Discharge Permit Program. Jurisdiction: Discharges to the navigable waters of the United States. Applicability: Domestic, industrial, and commercial discharges of wastewater or stormwater to surface waters. Regulatory The U.S. Environmental Protection Agency (EPA) administers the National Pollutant Discharge Elimination System (NPDES) Program. In addition, the permits issued are also done under State of Massachusetts authority by the Department of Environmental Protection (MassDEP). Massachusetts is a non-delegated NPDES permit state; however, the permits are jointly issued by EPA and MassDEP and are equally and separately enforceable by both agencies. Under the NPDES Program, as authorized by the federal Clean Water Act, no point sources of pollutants can be discharged to the waters of the United States without a permit. Permits regulate discharges with the goals of: (1) protecting public health and aquatic life, and (2) assuring that every facility treats wastewater. Permits include site-specific effluent limits, and monitoring and reporting requirements. Regulated pollutants include sanitary waste, toxic pollutants, and non-conventional pollutants including nutrients such as nitrogen and phosphorus. Industrial or commercial facilities may need more than one NPDES permit as stormwater and wastewater are each regulated by separate permits. Permits are issued for up to five years and are renewable. Review Process: An initial contact with EPA’s Water Permits Division to determine applicable permits is recommended. Applicants must file Form 1 General Information Consolidated Permits Program describing the location and nature of the proposed discharge and its receiving waters. The Form 1 application covers many of the NPDES permits for different types of discharges. Other forms in addition to the Form 1 are required, depending upon the nature of the discharge (40 CFR 122.21). NPDES permits are not valid until the applicant has received a 401 Water Quality Certification (18) from MassDEP and a concurrence from Massachusetts Office of Coastal Zone Management (CZM) that the project is consistent with state coastal policies (22). CZM can begin its review of the proposed discharge when EPA has issued the draft permit and a federal consistency certification has been provided to CZM. CZM cannot complete its review until MassDEP issues 401 Certification for the discharge. Forms: General Information Form 1 Consolidated Permits Program at http://www.epa.gov/npdes/pubs/form_1.pdf. Fees Permits issued under authority of MassDEP require a fee for non-municipal dischargers; see MassDEP 310 CMR 4.00. Website: EPA at http://cfpub.epa.gov/npdes/ MassDEP at www.mass.gov/dep/water/surfhome.htm. Contact: U.S. EPA Region I, NPDES Coordinator [phone]; MassDEP Surface Water Discharge Permit Program [phone].