Bill > H4254

This bill aims to enable the Commonwealth of Massachusetts to administer its own version of the National Pollutant Discharge Elimination System (NPDES) permit program, which is a federal program under the Clean Water Act (CWA) designed to regulate the discharge of pollutants into waters of the United States. Currently, the federal Environmental Protection Agency (EPA) oversees this program, but this bill seeks to transfer that authority to the state. Key provisions include updating definitions of "Person" and "Public entity" to align with the program's scope, empowering the state to secure federal benefits for water pollution control and obtain EPA authorization to run the NPDES program, and granting the state the authority to establish effluent limitations, issue various types of permits (including pretreatment and watershed-based permits), and prohibit discharges where necessary. The bill also outlines requirements for dischargers to monitor and report their pollutant levels, clarifies public access to permit information while allowing for certain confidential data, and establishes penalties for violations, including fines and potential imprisonment. Furthermore, it details procedures for permit applications, public notice, and hearings, and allows for the revision of compliance schedules under specific circumstances. The bill also grants inspection and access rights to state officials to ensure compliance and provides for judicial review of permit determinations and enforcement actions, including the ability for the Attorney General to seek injunctive relief for violations or imminent threats to public health and welfare. Finally, it makes conforming amendments to other related laws and ensures that existing regulations and permits remain in effect.