reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 36.00 - Massachusetts Water Resources Management Program › Section 36.02 - Purpose

Current through Register 1525, July 5, 2024
The Commonwealth's water resources are public resources that
				require sustainable management practices for the well-being and safety of its
				citizens, protection of the natural environment and for economic growth.
				310 CMR 36.00 is intended to
				establish enforceable standards, criteria and procedures that will enable the
				Department to comprehensively manage withdrawals above the threshold volume
				throughout the Commonwealth to ensure an appropriate balance among competing
				water withdrawals and uses and the preservation of the water resource.
The Department's current understanding of the impacts of water
				withdrawals and other human influences on the sustainability of water resources
				has been informed by technical studies and the MA Executive Office of Energy
				and Environmental Affairs (EOEEA) Sustainable Water Management Initiative
				(SWMI). SWMI was convened by EOEEA and involved its environmental agencies, the
				Department of Environmental Protection, the Department of Fish and Game and the
				Department of Conservation and Recreation, and public water suppliers,
				environmental organizations, scientists, policy-makers and planners. SWMI's
				goal was to develop an approach to sustainable management of the Commonwealth's
				water resources that balances human and ecological water needs based on the
				best available science. In November 2012, EOEEA and the environmental agencies
				issued the Final Framework Summary for the Massachusetts Sustainable Water
				Management Initiative, which provides recommendations for the permitting of
				water withdrawals under
				310 CMR 36.00, including safe
				yield, streamflow criteria, and permit tiers. These SWMI recommendations
				informed the 2014 amendments to
				310 CMR
				36.00.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 36.00 - Massachusetts Water Resources Management Program › Section 36.04 - Withdrawals Requiring a Registration Statement

Current through Register 1525, July 5, 2024
(1) Except as provided in
			 310
			 CMR 36.05, any person with an existing
			 withdrawal in excess of the threshold volume from a single water source was
			 required to file a registration statement with the Department on or before
			 January 1, 1988.
(2) Any person
			 with an existing withdrawal below the threshold volume, but in excess of 10,000
			 gallons per day, from a single water source was allowed to file a voluntary
			 registration statement with the Department on or before July 1, 1991.
(3) Where two or more withdrawal points were
			 controlled by the same person, a single registration statement per water source
			 containing documentation on each withdrawal point was to be filed with the
			 Department.
(4) For the purposes of
			 calculating the total existing withdrawal volume from each water source, the
			 specific withdrawal volumes of all withdrawal points controlled by that person
			 shall be combined, to obtain the total consumptive withdrawal volume.
(5) For purposes of calculating the total
			 existing withdrawal volume from a water source, transfers of water from a
			 different water source shall not be included.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 36.00 - Massachusetts Water Resources Management Program › Section 36.05 - Exemptions

Current through Register 1525, July 5, 2024
The following withdrawals are exempt from the registration and
				permit requirements of M.G.L. c. 21G and
				310 CMR
				36.00, but may otherwise be regulated by
				310 CMR
				36.00.
(1)
Nonconsumptive Use
. A withdrawal or any portion of a
			 withdrawal that constitutes a nonconsumptive use, as approved in writing by the
			 Department in accordance with
			 310
			 CMR 36.35.
(2)
Withdrawals in Compliance
			 with Federal Superfund and/or Massachusetts Contingency Plan
			 Requirements
. A withdrawal that is in compliance with written
			 instructions of an On-scene Coordinator pursuant to 33 CFR Part 153:
Control of Pollution by Oil and Hazardous Substances, Discharge
			 Removal
and 40 CFR Part 300, Subchapter J:
Superfund,
			 Emergency Planning, and Community Right-to-know Programs
, Subparts B
			 and C, or a withdrawal conducted as an Immediate Response Action in compliance
			 with M.G.L. c. 21E and the regulations promulgated thereunder at
			 310
			 CMR 40.0000:
Massachusetts
			 Contingency Plan
.
(3)
Withdrawals of Brackish or Saline Water
. A withdrawal
			 where the water to be withdrawn is brackish or saline due to the influence of
			 the ocean, as defined by the following ranges of specific conductivity, shall
			 be exempt from the need to obtain a permit pursuant to M.G.L. c. 21G and
			 310 CMR
			 36.00.
(a) Fresh
			 water: less than 1,000 umhos/cm;
(b) Brackish water: at least 1,000 but less
			 than 10,000 umhos/cm;
(c) Saline
			 water: at least 10,000 but less than 100,000 umhos/cm.
Where there is the potential for the withdrawal to be of fresh
				water in excess of the threshold volume, the person making or planning to make
				the withdrawal shall submit a written request to the Department for a
				determination of applicability of M.G.L. c. 21G to the withdrawal. Such request
				shall be accompanied by a proposed sampling plan, for written approval by the
				Department, that will provide data representative of the withdrawal the person
				is making or plans to make.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 36.00 - Massachusetts Water Resources Management Program › Section 36.06 - Filing a Registration Statement

Current through Register 1525, July 5, 2024
(1)
			 Registration statements must be submitted on forms established by the
			 Department and filed in accordance with the requirements of
			 310 CMR
			 4.00:
Timely Action Schedule and Fee
			 Provisions
and
			 310 CMR
			 36.00.
(2)
			 Every registration statement must contain, at a minimum:
(a) documentation of the actual or estimated
			 amounts of water withdrawn;
(b) the
			 use for which the water is being withdrawn;
(c) an identification of the water source and
			 specific part of a water source from which the withdrawal is being made, in
			 sufficient detail to describe the water source adequately;
(d) the locations of all withdrawal
			 points;
(e) the volume of the
			 withdrawal; provided however, that persons whose volume of withdrawals varies
			 seasonally according to an established pattern shall describe that
			 variation;
(f) conservation
			 measures instituted, or to be instituted, by the registrant;
(g) the point or points at which the water is
			 discharged after use; and
(h) any
			 other information requested by the Department relative to the withdrawal, use
			 and discharge.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 36.00 - Massachusetts Water Resources Management Program › Section 36.08 - Modification of a Registration

Current through Register 1525, July 5, 2024
(1) The
			 Department may modify a registration statement in its sole discretion or at the
			 request of the registrant to:
(a) add a
			 replacement well or replacement surface water intake on a registered surface
			 water withdrawal point;
(b) remove
			 a withdrawal point that has been abandoned in accordance with
			 310
			 CMR 22.25:
Abandonment of Water
			 Supply Sources
; or
(c) for
			 a cranberry cultivation registration, add or change conditions, when
			 appropriate, that reflect the implementation of best management practices,
			 including the use of tailwater recovery, water control structures, sprinkler
			 irrigation systems, land smoothing, and construction of dikes.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 36.00 - Massachusetts Water Resources Management Program › Section 36.09 - Transfer of Registration Statement

Current through Register 1525, July 5, 2024
(1) Any
			 person who has an unexpired registration statement may request a transfer of
			 the Registration Statement, in whole or in part, to another person by
			 submitting a request to the Department at least 30 days before the date of
			 transfer. The request shall include a copy of a written agreement between the
			 registrant and the transferee that transfers responsibility for the
			 registration, and a certification by the transferee that there will be no
			 significant change in use, source, location of the withdrawal, or discharge of
			 the registered volumes. The transferee must agree to accept all the provisions
			 and conditions of the registration statement and the agreement must state a
			 specific date for transfer of responsibility between them.
(2) The Department may deny a requested
			 transfer and require a permit if the Department determines that the proposed
			 transfer will result in a significant change in the use, source, location of
			 the withdrawal, discharge of the registered volumes, or otherwise result in a
			 significant modification of the registration.
(3) Registrations for cranberry cultivation
			 verified using the results of the Cranberry Water Use Study may be transferred
			 as provided in
			 310
			 CMR 36.09 only if the transfer is for
			 continued cranberry cultivation. Cranberry registrations may not be transferred
			 for any other uses unless the registered volume has been verified based on
			 actual water use at the bog(s) to be transferred.
(4) Each request for a transfer of a
			 registration shall include the applicable fee established in
			 310 CMR
			 4.00:
Timely Action Schedule and Fee
			 Provisions
.
(5) If the
			 registrant transfers an operation that is dependent on the registered
			 withdrawal and does not transfer the registration, the transferee of the
			 operation shall not make any withdrawal in excess of the threshold volume
			 unless and until the transferee obtains a permit.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 36.00 - Massachusetts Water Resources Management Program › Section 36.10 - Registration Renewal Requests

Current through Register 1525, July 5, 2024
(1) No person
			 shall continue a registered withdrawal after the registration expires unless
			 that person has filed a timely registration renewal request with the
			 Department.
(2) Registration
			 Statements initially became effective on January 1, 1988. All Registration
			 Statements have a ten-year term. Requests to renew a registration statement
			 must be submitted on forms provided by the Department and be received by the
			 Department six months prior to the expiration date. Each request for a renewal
			 must include the applicable fee established in
			 310 CMR 4.00: Timely Action
			 Schedule and Fee Provisions.
(3)
			 The Department shall accept any request to renew a registration statement that
			 complies with the provisions of
			 310 CMR
			 36.06,
			 36.07,
			 36.10 and
			 36.11
			 and is timely filed. Upon the filing of a request for renewal by the date
			 established in 310 CMR 36.10(2), and demonstration of compliance with the
			 requirements of the expiring registration statement, such person shall be
			 entitled to continue the existing withdrawal for a period of ten additional
			 years.
(4) No person who fails to
			 file a request to renew a registration statement or is notified that the
			 Department has denied a request for renewal shall continue to withdraw water in
			 an amount over the threshold volume after the registration statement expires
			 unless and until that person obtains a permit from the
			 Department.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 36.00 - Massachusetts Water Resources Management Program › Section 36.11 - Annual Statement of Withdrawal for Registrations

Current through Register 1525, July 5, 2024
Each registrant shall complete and submit to the Department an
				annual statement of withdrawal on a form provided by the Department by the date
				specified on the form. The Department may terminate a registration if a
				registrant fails to file a complete and accurate annual statement of withdrawal
				in a timely manner.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 36.00 - Massachusetts Water Resources Management Program › Section 36.13 - Safe Yield

Current through Register 1525, July 5, 2024
(1) Safe yield of a
			 water source is calculated as 55% of the drought basin yield plus the reservoir
			 storage volume, if any, for that water source. For the purposes of calculating
			 safe yield:
(a) drought basin yield is the
			 annualized Q90 streamflows in a water source based on
			 averaging estimated near natural monthly Q90
			 streamflows. It is an estimation of the water that would be available in an
			 unimpacted river basin during the probable driest period that is likely to
			 occur; and
(b) reservoir storage
			 volume is the modeled volume of water remaining in reservoir storage at the end
			 of a simulated one-year drought comprised of annualized monthly
			 Q90 flows, calculated as available storage minus any
			 registered or permitted withdrawals and any required release volume;
			 and
(c) reservoir storage volume is
			 capped at the firm yield of the reservoir.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 36.00 - Massachusetts Water Resources Management Program › Section 36.14 - Streamflow Criteria

Current through Register 1525, July 5, 2024
(1) Streamflow
			 criteria are established by the categories described at 310 CMR 36.14(1)(a)
			 through (c), which describe the modeled 2000-2004 existing conditions at the
			 subbasin scale across a gradient of alteration from least to most altered for
			 five bioperiods: early summer (May-June), late summer (July through September),
			 fall (October and November), winter (December through February) and spring
			 (March and April). The streamflow criterion for each category is the upper
			 limit of the ranges shown at 310 CMR 36.14(1)(a) through (c). Withdrawals that
			 contribute to a subbasin changing to a more altered category do not meet
			 streamflow criteria and will only be permitted if the permittee demonstrates
			 that there is no feasible alternative available to meet demonstrated water
			 needs, and the permittee undertakes mitigation commensurate with the impacts of
			 the withdrawal to the greatest extent feasible.
(a)
Biological
			 Category
for each subbasin is based on the simulated 2000-2004
			 existing condition of aquatic habitat using fluvial fish community
			 characteristics as the surrogate indicator variable. Each biological category
			 represents the percent alteration within the range of these fluvial fish
			 community characteristics as a function of the following subbasin parameters:
1. impervious cover;
2. cumulative groundwater withdrawal as a
			 portion of the unimpacted August median flow;
3. stream channel slope; and
4. percent wetland within the stream buffer
			 area.
Simulated Alteration of Fluvial Fish Community
				Characteristics
.
Biological Category 1:
0% to 5%
Biological Category 2:
>5% to 15%
Biological Category 3:
>15% to 35%
Biological Category 4:
>35% to 65%
Biological Category 5:
>65%
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 36.00 - Massachusetts Water Resources Management Program › Section 36.16 - Withdrawals Requiring a Permit

Current through Register 1525, July 5, 2024
(1)
			 Unless exempted by
			 310 CMR 36.05, the
			 following withdrawals require a permit:
(a)
			 for persons with no registration or permit for withdrawals within the water
			 source, a withdrawal that exceeds the threshold volume;
(b) for persons with a registration for
			 withdrawals within the water source, a withdrawal of more than the threshold
			 volume in excess of a registered volume;
(c) for persons with a permit for withdrawals
			 within the water source, any unregistered withdrawal in excess of the volume
			 authorized in the permit; and
(d)
			 redundant wells.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 36.00 - Massachusetts Water Resources Management Program › Section 36.18 - Applying for a New or Renewed Permit

Current through Register 1525, July 5, 2024
(1) Each
			 person required to obtain or renew a permit shall file a permit application on
			 forms and in a manner prescribed by the Department. Each application shall be
			 filed according to the procedures outlined in
			 310 CMR
			 36.00. Each application shall contain the information
			 required by
			 310
			 CMR 36.18 through
			 36.24 that is applicable to
			 the requested withdrawal.
(a) For new permits,
			 applications may be submitted to the Department at any time.
(b) For permit renewals, at least 12 months,
			 but no sooner than 14 months, prior to the permit expiration date, a permit
			 holder who wishes to renew a permit shall submit an application for
			 renewal.
(c) An application is
			 filed when it is received by the Department.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 36.00 - Massachusetts Water Resources Management Program › Section 36.19 - Determining Permit Tier for an Application

Current through Register 1525, July 5, 2024
(1)
Groundwater
			 Withdrawals
- The Department will determine the permit tier for
			 each application that includes groundwater withdrawals based on:
(a) the applicant's baseline withdrawal
			 volume(s);
(b) any requested
			 withdrawal volume above the baseline(s); and
(c) an evaluation of the potential change in
			 the biological category or groundwater withdrawal category during the late
			 summer bioperiod (July through September) in the subbasin(s) from which the
			 withdrawal is made; and
(d) for
			 proposed withdrawals determined by the Department not to follow an annual
			 demand curve with highest average daily withdrawals occurring during the late
			 summer bioperiod (July through September), an evaluation of the potential
			 change in seasonal groundwater withdrawal category during the bioperiod when
			 the withdrawal will have the maximum impact on streamflow in the subbasin(s).
Each application that includes a groundwater withdrawal or a
				withdrawal from both ground and surface water will be assigned as
				follows:
Permit Tier 1
The applicant requests no withdrawal greater than
				baseline.
Permit Tier 2
The applicant requests a withdrawal greater than baseline, but
				the requested withdrawal will not result in a change in the biological
				category, groundwater withdrawal category or seasonal groundwater withdrawal
				category of the subbasin(s) from which it is made.
Permit Tier 3
The applicant requests a withdrawal greater than baseline, and
				the requested withdrawal will result in a change in the biological category,
				groundwater withdrawal category or seasonal groundwater withdrawal category of
				the subbasin(s) from which it is made.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 36.00 - Massachusetts Water Resources Management Program › Section 36.20 - Site-specific Evaluation

Current through Register 1525, July 5, 2024
(1)
Data
			 Refinements
: Any person may submit, for review and approval by the
			 Department, refinements to the following data used in determining the
			 biological category and groundwater withdrawal category for any subbasin within
			 a water source:
(a) Calculation of the August
			 groundwater pumping volume during the 2000-2004 study period:
1. wells that were assumed to be in use, but
			 were not;
2. wells that were
			 pumping at significantly different rates than assumed; or
3. significant reductions in groundwater
			 withdrawals since the 2000-2004 study period due to:
a. wells that have been abandoned;
			 or
b. a public water supply that
			 has transferred withdrawals from its own withdrawal points to a different
			 source(s).
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 36.00 - Massachusetts Water Resources Management Program › Section 36.21 - Contents of a Permit Application

Current through Register 1525, July 5, 2024
(1) All
			 permit applications shall include, at a minimum:
(a) the reason(s) for the withdrawal, and the
			 proposed water use (e.g., residential, industrial, agricultural), including a
			 detailed projection of the applicant's water needs during the proposed permit
			 term;
(b) identification of the
			 water source in which the withdrawal is located;
(c) the specific location of each of the
			 applicant's withdrawal point(s) within the water source;
(d) for new withdrawal points, any required
			 pumping test results and analysis;
(e) the volume, frequency and rate of water
			 to be withdrawn from each withdrawal point, the anticipated times of year of
			 the withdrawals, and any projected changes in volume, frequency, rate or time
			 of year over the proposed term of the permit;
(f) the maximum daily rate at which water can
			 be withdrawn from each withdrawal point;
(g) the length of time for which the permit
			 is sought, which may not extend beyond the next expiration date for the water
			 source from which the water will be withdrawn;
(h) the amount and location of any water
			 discharged by the applicant, and any permit number(s) issued for such discharge
			 by the Department or the U.S. Environmental Protection Agency; and
(i) the applicable fee as specified in
			 310 CMR 4.00: Timely Action
			 Schedule and Fee Provisions.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 36.00 - Massachusetts Water Resources Management Program › Section 36.22 - Coldwater Fish Resource, Minimization, and Mitigation Planning Requirements

Current through Register 1525, July 5, 2024
(1) The plans described at 310 CMR 36.22(4)
			 through (7), including a timetable for implementation, shall be submitted for
			 review and written approval by the Department as part of an application for a
			 new or renewed permit as required by
			 310 CMR
			 36.21. 310 CMR 36.22(4) through (7) specify
			 the minimum requirements for each component.
(2) The Department may, in consultation with
			 the EOEEA agencies, specify additional or alternative requirements to address
			 cumulative impacts of tier 2 and tier 3 withdrawals in a water
			 source.
(3) All required planning
			 components may be combined in a single written plan.
(4)
Coldwater Fish Resource
			 Optimization Review
: An applicant with a withdrawal point(s)
			 impacting a coldwater fish resource(s) shall, after consultation with the
			 Department and EOEEA agencies, submit an evaluation of options for shifting
			 withdrawals to the applicant's other withdrawal points, if any, to minimize
			 impacts at the coldwater fish resource.
(5)
Minimization
			 Plan
: A groundwater applicant with a withdrawal point(s) in a
			 subbasin(s) having August net groundwater depletion of 25% or greater shall
			 submit a plan to minimize the impacts of the withdrawals to the greatest extent
			 feasible, including but not limited to:
(a)
			 minimizing depletion of groundwater during the late summer bioperiod
			 (July-September) by optimizing use of the applicant's withdrawal points located
			 in subbasins that are less groundwater depleted, if any, or by use of any
			 feasible alternative source(s) or interconnection(s);
(b) releasing water from surface water supply
			 impoundments and other measures that return water to the subbasin or water
			 source to improve streamflow taking into consideration the ability of the
			 applicant to meet demand;
(c)
			 adopting restrictions on nonessential outdoor water use more stringent than
			 those required by the permit conditions described at
			 310 CMR
			 36.28(4)(c)4.;
(d) adopting water conservation measures,
			 consistent with health and safety, more stringent than those required by the
			 permit conditions described at
			 310 CMR
			 36.28(4)(c)1., 2., and
			 3;
(e) adopting agricultural,
			 horticultural or industry-specific best management practices as
			 applicable.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 36.00 - Massachusetts Water Resources Management Program › Section 36.23 - Public Notice Requirements

Current through Register 1525, July 5, 2024
(1) All applicants
			 for a new permit shall comply with the following public notice requirements:
(a) The applicant shall prepare a public
			 notice of the proposed withdrawal, which includes:
1.the location of the water source from which
			 the withdrawal is to be made;
2.the
			 volume of water to be withdrawn;
3.the name and address of the water resources
			 management official of each city or town in which the withdrawal is proposed,
			 who will have a copy of the application available for inspection, and the times
			 when it will be available;
4.a
			 statement that written comments on the granting of a permit may be filed with
			 the water resources management official(s) and the Department within 30 days of
			 the notice's publication date; and
5.the name and address of the permit
			 applicant.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 36.00 - Massachusetts Water Resources Management Program › Section 36.24 - MEPA Requirements

Current through Register 1525, July 5, 2024
(1) An applicant for
			 a new permit is deemed to have completed MEPA requirements for purposes of
			 M.G.L. c. 21G and
			 310 CMR 36.00 when the
			 Department receives:
(a) a certificate issued
			 by the Secretary stating that no Environmental Impact Report is
			 required;
(b) a determination by
			 the Secretary that the project does not meet MEPA review thresholds;
			 or
(c) a certificate issued by the
			 Secretary finding that any required Final Environmental Impact Report is
			 adequate.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 36.00 - Massachusetts Water Resources Management Program › Section 36.25 - Incomplete Applications

Current through Register 1525, July 5, 2024
(1) An application
			 for a permit shall not be deemed complete if the Department determines that the
			 permit application:
(a) fails to provide all
			 the information required by
			 310 CMR
			 36.21 and
			 36.22
			 by the date established by the Department for completion of the application,
			 including any additional information requested by the Department in accordance
			 with
			 310 CMR
			 36.21(7)(f);
(b) fails to demonstrate compliance with MEPA
			 requirements as applicable;
(c)
			 fails to demonstrate completion of applicable public notice requirements, as
			 described in M.G.L. c. 21G and
			 310 CMR
			 36.23, or fails to respond to comments as
			 requested by the Department in accordance with
			 310 CMR
			 36.23(6);
(d) fails to demonstrate compliance with a
			 water resources management plan for any town or city in which the water is to
			 be used; or
(e) fails to
			 demonstrate compliance with M.G.L. c. 21, §§ 8B through 8D (the
			 Interbasin Transfer Act) where applicable.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 36.00 - Massachusetts Water Resources Management Program › Section 36.26 - Application Review

Current through Register 1525, July 5, 2024
(1) In reviewing an
			 application, the Department shall consider at least the following:
(a) the water available within the safe yield
			 as determined by the Department in accordance with
			 310 CMR 36.13 and
			 36.27(4);
(b) the impact of the proposed withdrawal on
			 other withdrawal points and on other water sources that are hydrologically
			 interconnected with the water source from which the withdrawal is to be
			 made;
(c) the impact of the
			 withdrawal on the biological category, groundwater withdrawal category or
			 seasonal groundwater withdrawal category of the subbasin(s) from which it will
			 be made, in accordance with
			 310 CMR
			 36.19;
(d) the extent to which the applicant meets
			 the applicable permit tier requirements in
			 310 CMR 36.21(3)
			 and (4) and the coldwater fish resources,
			 minimization, and mitigation planning requirements in
			 310
			 CMR 36.22;
(e) the anticipated times of year when the
			 withdrawal is or will be made, and any projected changes in the withdrawal
			 during the permit term;
(f)
			 reasonable protection of water uses, land values, investments and enterprises
			 that are dependent on previously registered, permitted or otherwise authorized
			 withdrawals;
(g) the use to be made
			 of the water proposed to be withdrawn and other existing, presently permitted,
			 or projected uses of the water source from which the withdrawal is to be
			 made;
(h) where available, the
			 approved water resources management plan for any city or town in which the
			 withdrawal is located and where different, for any city or town in which the
			 withdrawal is to be used;
(i) any
			 state water resources management plan adopted by the Commission;
(j) reasonable conservation practices and
			 measures, including any water conservation and water use efficiency standards
			 adopted by the Commission, or where the Commission has not established such
			 standards, other industry-specific best management practices appropriate to the
			 permitted water use;
(k) reasonable
			 protection of public drinking water supplies, water quality, wastewater
			 treatment capacity, groundwater recharge areas, navigation, hydropower
			 resources, water-based recreation, wetland habitat, fish and wildlife,
			 agriculture and floodplains;
(l)
			 the impact of the proposed withdrawal on reasonable economic development and
			 the creation of jobs in the Commonwealth;
(m) comments received during the public
			 comment period; and
(n) other state
			 and Federal statutes.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 36.00 - Massachusetts Water Resources Management Program › Section 36.27 - Issuance of Permits

Current through Register 1525, July 5, 2024
(1) The Department
			 will issue a single permit for withdrawals from all withdrawal points in a
			 water source by one person.
(2) For
			 renewal applicants, the Department may, in its discretion, grant an interim
			 permit that authorizes;
(a) a withdrawal of
			 the previously permitted volume; or
(b) a withdrawal of a reduced volume if
			 necessary to ensure that the safe yield of the water source is not
			 exceeded.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 36.00 - Massachusetts Water Resources Management Program › Section 36.28 - Permit Provisions and Conditions

Current through Register 1525, July 5, 2024
(1) Each permit shall provide at least the
			 following:
(a) the term of the
			 permit;
(b) the maximum allowable
			 withdrawal volume expressed in terms of average daily withdrawal per year or
			 per a shorter period of time, as applicable;
(c) the maximum allowable withdrawal volume
			 expressed in terms of maximum daily withdrawal from each withdrawal
			 point;
(d) the identification and
			 any limitation of the use of the water withdrawn; and
(e) the maximum allowable peak
			 withdrawal.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 36.00 - Massachusetts Water Resources Management Program › Section 36.29 - Permit Amendments, Suspensions and Terminations

Current through Register 1525, July 5, 2024
(1) Without limitation, the Department may
			 amend, suspend or terminate any permit, after notice and opportunity for
			 hearing, if it determines that:
(a) the
			 permit holder has violated any provisions of M.G.L. c. 21G, the permit, these
			 or other applicable regulations, or a Department Order;
(b) such action is necessary for the
			 promotion of the purposes of M.G.L. c. 21G;
(c) the safe yield of, or other indications
			 of stress on, the water source requires such action for the protection of
			 public health, safety and welfare; or
(d) The permit holder no longer owns or has
			 access to the property on which the withdrawal point(s) listed in the permit is
			 located.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 36.00 - Massachusetts Water Resources Management Program › Section 36.30 - Permit Application Denials

Current through Register 1525, July 5, 2024
(1)
			 Without limitation, the Department may deny a permit application or impose
			 additional conditions on a permit if it determines that:
(a) the withdrawal will not conform to the
			 applicable standards for permitting established by
			 310 CMR 36.00;
(b) the withdrawal will negatively impact any
			 of the factors listed in M.G.L. c. 21G or in
			 310 CMR
			 36.26;
(c) the applicant has submitted information
			 in the permit application which the applicant knew or reasonably should have
			 known was false or misleading; or
(d) the application is not complete by the
			 applicable date.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 36.00 - Massachusetts Water Resources Management Program › Section 36.31 - Reporting and Review Requirements for Permits

Current through Register 1525, July 5, 2024
(1) Each permit holder shall file an annual
			 statement of withdrawal that includes at least the following:
(a) average daily volume of water withdrawn
			 over the past 12 months;
(b)
			 conservation measures instituted in the past 12 months;
(c) metering records;
(d) system updates; and
(e) the applicable fee as established in
			 310 CMR 4.00: Timely Action
			 Schedule and Fee Provisions.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 36.00 - Massachusetts Water Resources Management Program › Section 36.33 - Transfer of a Permit

Current through Register 1525, July 5, 2024
(1) Any person who
			 has a permit and is in compliance with M.G.L. c. 21G and
			 310 CMR 36.00 and all
			 conditions of its permit may request a transfer of the permit, in whole or in
			 part, to another person by submitting a request to the Department at least 30
			 days before the date of the transfer.
(2) The request shall include a copy of the
			 written agreement between the permittee and the transferee that transfers
			 responsibility for the permit, and a certification by the transferee that there
			 will be no significant change in use, source, location of the withdrawal, or
			 discharge of the permitted volumes. The transferee must agree to accept all the
			 provisions and conditions of the permit and the agreement must state a specific
			 date for transfer of responsibility between them.
(3) Any transfer of a permit that meets the
			 requirements of 310 CMR 36.33 will be granted by the Department, unless the
			 Department determines in writing that the transfer would be contrary to the
			 intent or purpose of M.G.L. c. 21G or
			 310 CMR 36.00. No permit
			 shall be transferred until the Department has authorized the transfer in
			 writing.
(4) A request for transfer
			 of a permit that requires an amendment of the permit must be submitted as a
			 request for a permit amendment in accordance with
			 310 CMR
			 36.29.
(5) Each application for transfer of a permit
			 shall be accompanied by the applicable transfer fee as set forth in
			 310 CMR 4.00: Timely Action
			 Schedule and Fee Provisions.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 36.00 - Massachusetts Water Resources Management Program › Section 36.34 - Fee Schedule

Current through Register 1525, July 5, 2024
Permits issued pursuant to
				310 CMR 36.00 are subject to
				the provisions of
				310 CMR 4.00: Timely Action
				Schedule and Fee Provisions concerning fees and schedules for timely action, as
				set forth in
				310 CMR 4.00: Timely Action
				Schedule and Fee Provisions.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 36.00 - Massachusetts Water Resources Management Program › Section 36.35 - Nonconsumptive Use Statements

Current through Register 1525, July 5, 2024
(1) Any volume
			 of water approved by the Department to be withdrawn for a nonconsumptive use
			 shall not be counted in the volume of water withdrawn for purposes of
			 calculating whether a withdrawal exceeds the threshold volume.
(2) Any person claiming a nonconsumptive use
			 for all or part of a withdrawal over the threshold volume shall file a request
			 for approval of the nonconsumptive use consistent with guidelines established
			 by the Department.
(3) Any person
			 asserting that the use of a volume of water is nonconsumptive must demonstrate
			 to the satisfaction of the Department that the volume of water meets the
			 definition of nonconsumptive use in
			 310 CMR 36.03, and
			 that no other registered or permitted withdrawals are substantially
			 affected.
(4) No volume of water
			 withdrawn for nonconsumptive use shall require a permit unless the Department
			 determines that such a permit is required to protect other registered or
			 permitted withdrawals.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 36.00 - Massachusetts Water Resources Management Program › Section 36.36 - Recognition of Normal Variation for Existing Withdrawals

Current through Register 1525, July 5, 2024
(1) At the time when initial permit
			 applications were due to be filed for a water source, any person who had an
			 accepted registration statement for an existing withdrawal was able to request
			 that the registration statement be amended to include an amount of water which
			 the Department determined to be within the normal variation of the average
			 volume withdrawn between January 1, 1981 and December 31, 1985.
(2) For registrants with groundwater
			 withdrawals, the Department did not recognize as an existing withdrawal any
			 volume in excess of one standard deviation of the average existing withdrawal
			 volume for which a registration statement was accepted by the
			 Department.
(3) For registrants who
			 withdraw surface water from more than one water source, the Department
			 recognized as an existing withdrawal a volume not to exceed 2.5 times the
			 standard deviation of the average existing withdrawal volume for each water
			 source for which a registration statement was accepted by the Department,
			 provided that no recognition of such normal variation authorized withdrawals in
			 any year of a volume in excess of the sum of the existing withdrawal volumes
			 from all of the registrant's water sources for which registration statements
			 were accepted by the Department. For the purpose of 310 CMR 36.36, standard
			 deviation of the average existing withdrawal volume is defined as the unbiased
			 estimate derived from the sample of five annual volumes of the registered
			 withdrawal.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 36.00 - Massachusetts Water Resources Management Program › Section 36.37 - Appeals

Current through Register 1525, July 5, 2024
(1) Any person who is aggrieved by a decision
			 of the Department with respect to any permit application, amendment, suspension
			 or termination, or any registration statement, and any person who has been
			 allowed pursuant to
			 310
			 CMR 1.01(7): Intervention
			 and Participation to intervene in an adjudicatory proceeding that resulted in
			 such decision, may request an adjudicatory hearing before the Department, under
			 the provisions of M.G.L. c. 30A. With regard to a decision of the Department
			 amending a permit, only the amended provisions or conditions of the permit
			 shall be subject to a request for an adjudicatory hearing. Each request for a
			 hearing must be sent by certified mail or hand delivered, and received by the
			 Department within 21 days of the date of receipt of the decision being
			 appealed. At the same time that the appeal is sent or hand delivered to the
			 Department, a copy of the appeal must be sent by certified mail or hand
			 delivered to the water resources management official in the city or town where
			 the withdrawal point is located.
(2) Any person who appeals a decision of the
			 Department, who is neither the applicant, the registrant, nor the permittee
			 authorized to make or continue a withdrawal, is required to notify the
			 applicant, registrant or permittee of the appeal by certified mail or by hand
			 within five days of filing the appeal.
(3) Each request for a hearing under 310 CMR
			 36.37 shall state specifically, clearly and concisely the facts which are the
			 grounds for the appeal, the relief sought, and any additional information
			 required by
			 310
			 CMR 1.01(6)(b): Form and
			 Content or other applicable law or regulation.
(4) In every proceeding the burden shall be
			 on the applicant for, or the holder of, a permit or registration statement to
			 demonstrate compliance with
			 310 CMR 36.00 including the
			 provisions of 310 CMR 36.37.
(5)
			 Any person aggrieved by a final decision of the Commissioner may seek judicial
			 review of that decision in Superior Court, in accordance with M.G.L. c. 30A,
			 § 14.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 36.00 - Massachusetts Water Resources Management Program › Section 36.38 - Signatures

Current through Register 1525, July 5, 2024
(1) All statements, permit applications and
			 requests filed under
			 310 CMR 36.00 shall be signed
			 as follows:
(a) For a corporation, by a
			 corporate officer duly designated as a corporate representative for such
			 purpose, or the manager of a manufacturing, production, or operating facility,
			 if authority to sign documents has been assigned or delegated to the manager in
			 accordance with corporate procedures;
(b) For a partnership or sole proprietorship,
			 by a general partner or the proprietor, respectively; or
(c) For a municipality, state, federal, or
			 other public agency: by an executive officer or a ranking elected official duly
			 authorized for such purpose.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 36.00 - Massachusetts Water Resources Management Program › Section 36.39 - Right of Entry

Current through Register 1525, July 5, 2024
Agents and employees of the Department may make such
				inspections of property, facilities or operations owned or controlled by
				persons subject to M.G.L. 21G and
				310 CMR 36.00 as the
				Department may determine are necessary to carry out its responsibilities under
				M.G.L. c. 21G. Any person subject to
				310 CMR 36.00 shall allow
				such agent(s) or employee(s) free and unrestricted access at reasonable times
				to examine any property, facility, operation, equipment or activity involving
				the withdrawal of water. Such agent(s) or employee(s) may also inspect, conduct
				tests, and review books, papers and records pertinent to any matter determined
				by the Department to be relevant to the administration or enforcement of
				310 CMR
				36.00.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 36.00 - Massachusetts Water Resources Management Program › Section 36.40 - Declaration of Water Supply Emergency

Current through Register 1525, July 5, 2024
(1) Any
			 public water supplier may petition the Department for a declaration of a state
			 of water supply emergency pursuant to M.G.L. c. 21G, §§ 15 through
			 17, and in accordance with 310 CMR 36.40 through
			 36.42.
(2) Upon receiving a petition for a
			 declaration of a state of water supply emergency, the Department may declare an
			 emergency if it finds that there exists or impends a water supply shortage of a
			 dimension which endangers the public health, safety or welfare, due to
			 circumstances including, but not limited to:
(a) demand for water exceeds the availability
			 of water;
(b) mechanical failure or
			 similar type of emergency, including inability to maintain storage tanks, loss
			 of power, loss of pumping capacity, loss of storage capabilities, or major
			 breaks or leaks;
(c) contamination
			 of the public water supply, the distribution system or storage tanks and
			 inability to meet demand with remaining public water supplies;
(d) inadequate source of water, inadequate
			 distribution system capacity, inadequate storage capacity or drought including
			 seasonal water shortages which repeatedly affect the same public water system;
			 or
(e) necessary repair or
			 maintenance of the public water system.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 36.00 - Massachusetts Water Resources Management Program › Section 36.41 - Actions to Resolve a Water Supply Emergency

Current through Register 1525, July 5, 2024
(1) During a declared state of water supply
			 emergency, to the extent not in conflict with applicable federal laws or
			 regulations but notwithstanding any general or special law, local law or
			 contractual agreement to the contrary, the Department may issue orders
			 applicable within or outside the area in which any water emergency exists to:
(a) establish priorities for the distribution
			 of any water or quantity of water use;
(b) permit any public water supplier to
			 reduce or increase the distribution of water by a specified amount, to cease
			 the distribution of water, to distribute a specified amount of water to certain
			 users, or to share water with other water supply systems;
(c) direct any person to reduce or cease, by
			 a specified volume, the withdrawal or use of any water;
(d) require the implementation of specific
			 water conservation measures;
(e)
			 mandate the denial, for the duration of the state of water supply emergency, of
			 all applications for withdrawal permits within the areas of the Commonwealth to
			 which the state of water supply emergency applies; and
(f) authorize a taking of land or purchase or
			 sale of water in accordance with an approved water supply emergency plan
			 provided that no taking, purchase or sale shall be made unless:
1.in the case of cities, the city council has
			 voted to authorize the taking, purchase or sale;
2.in the case of towns, and water supply,
			 fire and water districts, the taking, purchase or sale has been authorized by a
			 vote at a town meeting or a district meeting;
3.in the case of water companies, notice of
			 such taking, purchase or sale, including a copy of plans and specifications,
			 has been given to the city council or to the board of selectmen of the city of
			 town in which the affected water source is located, by certified mail at least
			 ten days prior thereto.