SECTION 16G. Publicly owned treatment works; new or modified discharge into ocean sanctuaries; prerequisites

The department may approve a new or modified discharge of wastewater from a POTW to an ocean sanctuary only if clauses 1 through 10, inclusive, are met.

(1) The new or modified discharge shall be consistent with the intent and purpose of the act. Any discharge shall meet the water quality standards of the receiving water body and the standards of the act to protect the appearance, ecology and marine resources of the waters of the sanctuary.

(2) The new or modified discharge shall meet the United States Environmental Protection Agency's approved TMDL, if any, on the receiving water body.

(3) The applicant shall have adopted and implemented a plan approved by the department requiring the pretreatment of all commercial and industrial wastes discharged to the POTW.

(4) The applicant shall have adopted and implemented a program for water conservation according to the guidelines established by the water resources commission.

(5) The applicant shall have adopted and implemented a plan, approved by the department, to control and minimize inflow and infiltration.

(6) The applicant shall have adopted and implemented a plan, approved by the department, to control any combined sewer overflows.

(7) The new or modified discharge shall not significantly affect the quality or quantity of existing or proposed water supplies by reducing ground or surface water replenishment.

(8) The new or modified discharge is consistent with the policies and plans of the Massachusetts coastal zone management program.

(9) The new or modified discharge and treatment plans are consistent with all applicable federal, state and local laws, ordinances, by-laws, rules and regulations protecting the environment, including but not limited to, the requirements of chapters 21, 91, 130 and 131.

(10) The proposed discharge and outfall structure will not adversely impact marine fisheries or interfere with fishing grounds or the normal operation of fishing vessels.

In addition to meeting the requirements in clauses 1 through 10, inclusive, new discharges in the Cape and Islands Ocean Sanctuary, the Cape Cod Ocean Sanctuary and the Cape Cod Bay Ocean Sanctuary shall receive advanced treatment, disinfection and such other treatment to remove nutrients, pathogens or other pollutants to avoid degradation of the ecology, appearance and marine resources of the designated sanctuary and to meet water quality standards and any applicable TMDLs. Chlorinated disinfection shall not occur unless it is followed by dechlorination prior to discharge.