Code of Massachusetts Regulations › 313 CMR - DIVISION OF WATER SUPPLY PROTECTION › Title 313 CMR 4.00 - Interbasin Transfer › Section 4.09 - Approval of an Increase in the Present Rate of Interbasin Transfer

Current through Register 1525, July 5, 2024
It is recommended that the Person proposing an action to
				increase the Present Rate of Interbasin Transfer closely consult with Water
				Resources Commission Staff at the Department of Conservation and Recreation's
				Office of Water Resources in conjunction with other state environmental
				agencies prior to application submittal to ensure that the information provided
				reflects the conditions of the transfer and the best available science.
(1)
Procedures for Approval of an
			 Increase in the Present Rate of Interbasin Transfer
.
(a) If the Commission, upon request or upon
			 its own initiative, determines that a proposed action is an increase subject to
			 the provisions of M.G.L. c. 21, § 8D, it shall require submission of an
			 application for approval in accordance with 313 CMR 4.09;
(b) A Person proposing an action to increase
			 the Present Rate of Interbasin Transfer shall complete the application
			 according to 313 CMR 4.09(2) and other appropriate guidance and submit it to
			 the Executive Director, Water Resources Commission, Executive Office of Energy
			 and Environmental Affairs, 100 Cambridge Street, Suite 900, Boston, MA 02114.
			 In addition, at least two bound copies, and an electronic copy must be
			 submitted to Water Resources Commission Staff, Department of Conservation and
			 Recreation Office of Water Resources, 251 Causeway Street, Boston, MA 02114,
			 and a copy must be placed at the public library(ies) of each of the affected
			 communities;
(c) The Commission
			 shall publish notice of the receipt of an application for a proposed increase
			 over the Present Rate of Interbasin Transfer in the
Environmental
			 Monitor
and send a copy of the notice to the municipalities directly
			 affected, and to the water and sewer departments of the communities in the
			 basin affected;
(d) The Commission
			 may require such additional information from the Person proposing an action to
			 increase the Present Rate of Interbasin Transfer or from other appropriate
			 Persons or agencies as it deems necessary to conduct this review;
(e) The Commission shall, within 60 days of a
			 determination that the application is complete, or that all requested
			 additional information has been received, or within 60 days after MEPA
			 compliance if it is required, whichever is later, conduct public hearings, and
			 within 60 days of completing said hearings shall complete its review and make a
			 Decision on the requested action to increase the Present Rate of Interbasin
			 Transfer;
(f) During the period in
			 which the Commission must reach a Decision to approve or deny the proposed
			 Interbasin Transfer, the Person proposing an action to increase the Present
			 Rate of Interbasin Transfer and participating agencies which have jurisdiction
			 by law shall make themselves available at such reasonable times and places
			 designated by the Commission to consult with both the Person proposing an
			 action to increase the Present Rate of Interbasin Transfer and Commission
			 staff; and
(g) The review may be
			 extended by written consent of the Commission and the Person proposing an
			 action to increase the Present Rate of Interbasin Transfer for a mutually
			 agreed upon period.