Code of Massachusetts Regulations 314 CMR - DIVISION OF WATER POLLUTION CONTROL

20 Jun 2025 --
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314 CMR – Division of Water Pollution Control (Massachusetts)

Overview

314 CMR is the regulatory framework in Massachusetts that governs the prevention, control, and abatement of water pollution.
It is issued under the authority of the Massachusetts Department of Environmental Protection (MassDEP).

The regulations are designed to protect surface water and groundwater from contamination caused by industrial, municipal, and private discharges.

1. Scope and Purpose

Scope: Applies to all activities that discharge pollutants into the waters of Massachusetts, including rivers, lakes, streams, wetlands, and groundwater.

Purpose:

Maintain water quality for public health, recreation, and aquatic life.

Prevent contamination from point sources (pipes, ditches) and non-point sources (stormwater runoff, agricultural runoff).

Implement federal Clean Water Act requirements at the state level.

2. Key Provisions of 314 CMR

A. Permitting Requirements

NPDES Permits (National Pollutant Discharge Elimination System):

Facilities that discharge pollutants into surface waters must obtain permits from MassDEP.

State-level Discharge Permits:

Even if not federally required, state permits regulate industrial, commercial, and municipal discharges.

Stormwater Permits:

Construction and industrial sites must control runoff that could carry sediment, chemicals, or debris into water bodies.

B. Effluent Limitations and Standards

Pollutant Limits:

314 CMR sets maximum allowable levels of pollutants, including:

Biochemical Oxygen Demand (BOD)

Total Suspended Solids (TSS)

Nitrogen, phosphorus, and heavy metals

Pathogens and toxic chemicals

Technology-Based Standards:

Facilities must use Best Available Technology (BAT) or Best Practical Technology (BPT) to limit pollutants.

Water Quality-Based Standards:

Limits are also set to protect aquatic life, drinking water, and recreation.

C. Monitoring and Reporting

Facilities must monitor discharges regularly and submit reports to MassDEP.

Monitoring includes:

Sampling water at the point of discharge

Analyzing pollutant levels

Reporting exceedances promptly

D. Compliance and Enforcement

MassDEP can enforce compliance through:

Inspections and site visits

Orders to cease illegal discharges

Fines and penalties for violations

Legal action to remediate contaminated sites

E. Stormwater Management

Requires implementation of best management practices (BMPs) to reduce:

Sediment

Oil and grease

Heavy metals

Nutrient runoff from fertilizers

Applies to:

New construction projects

Redevelopment sites

Industrial facilities

F. Pretreatment of Wastewater

Industrial facilities discharging to municipal wastewater treatment plants must treat effluent to meet local limits.

Pretreatment prevents damage to municipal systems and ensures compliance with water quality standards.

3. Key Definitions

“Waters of the Commonwealth”: Includes rivers, streams, lakes, ponds, wetlands, and groundwater.

“Pollutant”: Any substance introduced into water that could degrade quality, such as chemicals, sewage, or biological waste.

“Point Source”: A discrete conveyance of pollutants (pipe, ditch, tunnel).

“Non-point Source”: Diffuse sources like agricultural runoff or stormwater.

4. Practical Implications

Industries: Must comply with effluent limits, monitor discharges, and obtain permits.

Municipalities: Must operate wastewater treatment plants according to discharge permits and water quality standards.

Construction Sites: Must implement stormwater controls and erosion prevention measures.

Citizens: Can report violations or pollution incidents to MassDEP.

5. Enforcement Examples

A chemical plant exceeding allowable heavy metal discharge limits could face:

Immediate cleanup orders

Civil fines

Suspension or revocation of discharge permits

A construction site causing sediment runoff into a river may be required to:

Install erosion control measures

Conduct corrective actions under MassDEP supervision

6. Relationship with Federal Law

314 CMR implements the federal Clean Water Act (CWA) at the state level.

Massachusetts may impose stricter standards than the federal minimum.

Permits often incorporate federal requirements (e.g., NPDES permits).

7. Summary of 314 CMR Key Points

Topic	Key Point
Purpose	Protect water quality and public health
Scope	All discharges to surface water, groundwater, and stormwater systems
Permits	Required for point source discharges, industrial and construction activities
Standards	Effluent limitations (BOD, TSS, nutrients), BMPs, technology-based and water-quality-based standards
Monitoring	Regular sampling, reporting, compliance documentation
Enforcement	Inspections, fines, legal action, corrective orders
Relation to Federal Law	Implements Clean Water Act; may exceed federal requirements