Section 5.09 - Duty to Submit Hydrogeological Evaluation(1) Except as otherwise provided in 314 CMR 5.09(2) or as otherwise determined by the Department, no person shall apply for an individual permit or file a notice of intent requesting coverage under a general permit for a proposed discharge of pollutants to the ground water without an authorization from the Department. A person shall apply for such authorization by: (a) preparing a scope of work for a hydrogeological investigation in accordance with the Department's guidelines to determine whether the proposed discharge site is a suitable location for the proposed discharge, to assess the impact of the proposed discharge on all potentially impacted ground water sources of potable water for public water systems and all private drinking water supplies, and to determine whether the proposed discharge will cause or contribute to a violation of 314 CMR 4.00: Massachusetts Surface Water QualityStandards or impair the actual or potential use of the ground water as a source of potable water;(b) placing a public notice in the Environmental Monitor that the scope of work has been prepared and will be submitted to the Department;(c) submitting to the Department for its review and approval the scope of work along with a copy of the public notice as published in the Environmental Monitor;(d) conducting a hydrogeological investigation in accordance with the scope of work approved by the Department and the Department's guidelines;(e) documenting the results of the hydrogeological investigation in a Hydrogeological Report prepared in accordance with the scope of work approved by the Department and the Department's Guidelines;(f) submitting to the Department for its review and approval the Hydrogeological Report and a request for authorization by the Department to apply for an individual permit or to file a notice of intent requesting coverage under the general permit;(g) if a discharge is proposed within the Zone II or Interim Wellhead Protection Area of a ground water source of potable water for a public water system, the applicant shall also notify the public water system in writing by certified mail, return receipt requested, when the scope of work and Hydrogeological Report is submitted and at the same time provide a copy of said notice to the Department; and(h) the documents required by 314 CMR 5.09(1)(c) and (f) shall be submitted to the Department along with the appropriate Department-approved form(s) and the applicable application fees. An applicant shall submit the hydrogeological evaluation prior to submitting an application for an individual permit or a request for coverage under a general permit.(2) The requirements of 314 CMR 5.09(1) do not apply to: (a) Persons applying for an individual permit or requesting coverage under a general permit for a stormwater discharge subject to 314 CMR 5.04(2);(b) Persons who filed an application for an individual permit pursuant to 314 CMR 5.00 prior to March 20, 2009;(c) Persons who obtained a permit for the discharge pursuant to 314 CMR 5.00 on or before March 20, 2009; or(d) Persons who file a notice of intent requesting coverage under a general permit that expressly provides that compliance with 314 CMR 5.09(1) is not a condition of eligibility for coverage under the general permit.Amended by Mass Register Issue 1327, eff. 12/2/2016.Amended by Mass Register Issue 1330, eff. 12/2/2016.