reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 19.00 - Oil Spill Prevention And Response › Section 19.04 - Transit Notifications

Current through Register 1525, July 5, 2024
(1) Effective March
			 1, 2009, an owner or operator of a Tank Vessel carrying 6,000 or more barrels
			 of oil as cargo may provide twenty-four (24) hour notice to the Department of
			 its intent to operate such vessel in Buzzards Bay.
(2) Effective January 22, 2010, notice
			 provided pursuant to 314 CMR 19.04(1), shall be received by the Department at
			 least twenty-four hours prior to transit, or, if twenty-four hour notice is
			 operationally infeasible, as soon as operationally feasible. Such notice shall
			 be made by calling a telephone number published by the Department and
			 designated for that purpose, or on a form established by the Department for
			 such purpose, and shall include the following information:
(a) name and number of the caller, if
			 telephone notice is provided;
(b)
			 name, address, and telephone number of the owner or operator of the Tank
			 Vessel;
(c) name of the Tank
			 Vessel, type of Tank Vessel, type of oil, quantity of oil (reported in
			 barrels), hull construction (single, double, or other);
(d) current location of the Tank
			 Vessel;
(e) port of departure and
			 destination of the Tank Vessel;
(f)
			 estimated time of the Tank Vessel's entrance into the Buzzards Bay;
			 and
(g) whether the Tank Vessel is
			 otherwise required by law to, and will engage a Tugboat Escort to transit
			 Buzzards Bay.
Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 19.00 - Oil Spill Prevention And Response › Section 19.05 - Dispatching a State Pilot

Current through Register 1525, July 5, 2024
(1) Effective March
			 1, 2009, if an owner or operator of a Tank Vessel provides notice pursuant to
			 314 CMR
			 19.04, the owner or operator may request the
			 services of a State Pilot to assist the vessel to operate in Buzzards Bay. The
			 Commonwealth shall pay the pilotage and reasonable associated costs, including
			 but not limited to pilot boat fee, fuel surcharges, docking/undocking fees,
			 standby fees and overtime, provided that the:
(a) Tank Vessel is carrying 6,000 or more
			 barrels of oil and is unaccompanied by a Tugboat Escort;
(b) Tank Vessel owner or operator has
			 provided notification pursuant to M.G.L. c. 21M, §9(a) and
			 314 CMR
			 19.04;
(c) Tank Vessel is not otherwise required by
			 law to engage a pilot; and
(d)
			 State Pilot is not a member of the Tank Vessel's crew.
Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 19.00 - Oil Spill Prevention And Response › Section 19.06 - State-provided Tugboat Escort Requirements

Current through Register 1525, July 5, 2024
(1)
			 Effective upon the date set by contract by the Department with a company to
			 provide State-provided Tugboat Escorts, the Department will dispatch a
			 State-provided Tugboat Escort in Buzzards Bay to every Target Vessel upon
			 entering and while operating in Buzzards Bay.
(2) The Commissioner will contract with a
			 company to provide State-provided Tugboat Escort services. Unless the
			 Commissioner determines that exigent circumstances exist at a particular time,
			 the Contractor shall, at a minimum:
(a)
			 Dispatch a State-provided Tugboat Escort to every Target Vessel;
(b) Position each State-provided Tugboat
			 Escort to maintain a maximum distance of ¼ (one fourth) of a nautical
			 mile from the assigned Target Vessel;
(c) Direct the State-provided Tugboat Escort
			 to monitor the assigned Target Vessel and to warn of actual or potential
			 navigational threats; and
(d)
			 Direct the State-provided Tugboat Escort to render Vessel Assistance to the
			 assigned Target Vessel if and when such assistance is requested or otherwise
			 determined to be necessary.
Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 19.00 - Oil Spill Prevention And Response › Section 19.07 - Reporting Requirements

Current through Register 1525, July 5, 2024
(1) The Contractor
			 shall report to the Commissioner all near and actual navigational incidents
			 that could potentially lead to a release of oil into Waters of the
			 Commonwealth, in accordance with the requirements set forth in 310 CMR
			 19.07(2).
(2) The Contractor shall
			 prepare and submit to the Department on a monthly basis a Monthly Buzzards Bay
			 Tank Vessel Movement Monitoring Report, on a form established by the Department
			 for such purpose. The Tank Vessel Movement Monitoring Report for the preceding
			 month shall be submitted to the Department by the fifteenth (15th) of each
			 month. The report shall include the following:
(a) A log of all Buzzards Bay Tank Vessel
			 transits as recorded through the Vessel Movement Monitoring System including:
(i) vessel specifics (name, flag, cargo, and
			 size);
(ii) identity of vessel
			 master;
(iii) dates and times of
			 entry into and exit from Buzzards Bay; and
(iv) route of transit through Buzzards
			 Bay.
Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 20.00 - Reclaimed Water Permit Program And Standards › Section 20.01 - Purpose and Authority

Current through Register 1525, July 5, 2024
Pursuant to M.G.L. c. 21, §§ 26, 27, and 43, the
				Department promulgates
				314 CMR 20.00 to establish a
				program to regulate and permit reclaimed water systems.
				314 CMR 20.00 also establish
				requirements for the use, sale, distribution, and offering for use, sale, and
				distribution of reclaimed water.
Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 20.00 - Reclaimed Water Permit Program And Standards › Section 20.04 - Public Notice Requirements for Reclaimed Water

Current through Register 1525, July 5, 2024
(1) All areas at a reuse site that are
			 accessible to the public, such as reclaimed water valves, storage facilities,
			 and outlets, shall be posted with signs that are visible to the public clearly
			 communicating that the water is not safe for drinking, The signage shall be
			 colored purple with white or black lettering and shall include the following
			 wording: "NOTICE: RECLAIMED WATER - DO NOT DRINK". An example of such a sign is
			 included in
			 314 CMR 20.20:
Appendix A
. Signs shall be in English and any additional
			 locally employed language.
(2) All
			 reclaimed water plumbing and out-of-sight fixtures shall be color-coded purple
			 to identify the source of the water as being reclaimed water.
(a) All reclaimed water piping and
			 appurtenances shall be colored purple and embossed or integrally stamped or
			 marked: "NOTICE: RECLAIMED WATER - DO NOT DRINK". The warning shall be stamped
			 on opposite sides of the pipe and repeated every three feet or less.
(b) Other pipe and construction warning
			 markings may be acceptable to the Department provided the colors and messages
			 are consistent with 314 CMR 20.04(2)(a).
Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 20.00 - Reclaimed Water Permit Program And Standards › Section 20.05 - Additional Requirements for Reclaimed Water Systems

Current through Register 1525, July 5, 2024
A reclaimed water system shall comply with all applicable
				requirements of the Massachusetts Uniform Plumbing Code,
				248
				CMR 10.00. There shall be no cross connections between
				a reclaimed water system, a potable water system, and all pipes conveying water
				for drinking, domestic and culinary purposes. Hose bibs shall not be used on
				any portions of a reclaimed water system that are accessible to the public.
				Only quick couplers that are different from those used on the potable water
				system and the pipes used for conveying water for drinking, domestic and
				culinary purposes shall be used on the portions of a reclaimed water system
				that are accessible to the public.
Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 20.00 - Reclaimed Water Permit Program And Standards › Section 20.07 - Activities not Requiring a Permit Under 314 CMR 20.00, 314 CMR 3.00, or 314 CMR 5.00

Current through Register 1525, July 5, 2024
The following activities do not require a permit under
				314 CMR 20.00,
				314 CMR 3.00 or
				314 CMR 5.00:
(1) The construction, installation,
			 modification, operation, and maintenance of an on-site subsurface sewage
			 disposal system that is constructed, installed, operated and maintained in
			 accordance with
			 310 CMR 15.000, including
			 without limitation, an on-site subsurface sewage disposal system that provides
			 for the reclamation, recycling or reuse of greywater, an alternative system
			 that has a soil absorption system that provides drip irrigation, a system that
			 provides aquifer recharge by discharging effluent within a Zone II, Interim
			 Wellhead Protection Area, or a Private Water Supply Area, or a system that
			 discharges effluent to a soil absorption system located within 100 feet of an
			 irrigation well;
(2) The
			 construction, installation, modification, operation, and maintenance of a
			 satellite reclaimed water system, provided that the satellite reclaimed water
			 system is constructed, installed, modified, operated and maintained in
			 accordance with
			 314 CMR 20.00, a Reuse
			 Management Plan approved by the Department, and a Service and Use Agreement
			 approved by the Department;
(3) The
			 construction, installation, modification, operation, and maintenance of a
			 system that manages stormwater so that it may be used for irrigation provided
			 that the stormwater is protected from exposure to any land uses with higher
			 potential pollutant loads; and
(4)
			 The construction, installation, modification, operation, and maintenance of a
			 system that manages uncontaminated water so that it may be beneficially used,
			 including, without limitation, a system that uses uncontaminated runoff from
			 non-metal roofs for toilet flushing in accordance with the requirements of the
			 Massachusetts Uniform Plumbing Code,
			 248
			 CMR 10.00.
Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 20.00 - Reclaimed Water Permit Program And Standards › Section 20.08 - Effect of a Permit

Current through Register 1525, July 5, 2024
Issuance of a reclaimed water system permit by the Department
				pursuant to
				314 CMR 20.00 shall be deemed
				to allow, to the extent specified in the permit and
				314 CMR 20.00, the permittee
				to construct, install, modify, operate and maintain a reclaimed water system in
				accordance with the permit and
				314 CMR 20.00 and to use,
				sell, distribute, and offer for use, sale or distribution the reclaimed water
				produced by said reclaimed water system in accordance with the permit, an
				approved Reuse Management Plan, and
				314 CMR 20.00. Issuance of a
				reclaimed water system permit by the Department pursuant to
				314 CMR 5.00 shall have the
				effect specified in
				314 CMR 5.07.
				Issuance of a reclaimed water system permit by the Department pursuant to
				314 CMR 3.00 shall have the
				effect specified in
				314 CMR 3.08.
				The issuance of a reclaimed water system permit pursuant to
				314 CMR 3.00,
				314 CMR 5.00 or
				20.00 shall not be deemed to
				authorize any injury to persons or property or invasion of other private
				rights, nor does it relieve the permittee of its obligation to comply with any
				other applicable Federal, State and local laws and
				regulations.
Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 20.00 - Reclaimed Water Permit Program And Standards › Section 20.09 - Restrictions on the Issuance of a Permit

Current through Register 1525, July 5, 2024
(1)
			 The Department shall not issue a permit for the use of stormwater that has come
			 into contact with any land uses with higher potential pollutant
			 loads.
(2) The Department shall not
			 issue a permit under
			 314 CMR 3.00,
			 314 CMR 5.00 or
			 314 CMR 20.00 authorizing the
			 use of reclaimed water in a manner that will cause or contribute to violations
			 of the Massachusetts Surface Water Quality Standards or that will cause the
			 water quality of a private source of water used for drinking, domestic, or
			 culinary purposes or a public source of potable water to violate the standards
			 set forth in the Drinking Water Regulations of Massachusetts,
			 310 CMR
			 22.00.
(3)
			 Except as otherwise provided in
			 314 CMR
			 20.03(6)(a) and (b), the
			 Department shall not issue a permit under
			 314 CMR 3.00,
			 314 CMR 5.00 or
			 20.00 authorizing the outside
			 use of reclaimed water within the Zone I of a public ground water source of
			 potable water or the six-month ground water travel time to such source,
			 whichever is larger.
(4) Except as
			 otherwise provided in
			 314 CMR
			 20.03(6)(a) and (b), the
			 Department shall not issue a permit under
			 314 CMR 3.00,
			 314 CMR 5.00 or
			 20.00 authorizing the outside
			 use of reclaimed water within the Zone A of a public surface water source of
			 potable water, or within 100 feet of a private drinking water well.
Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 20.00 - Reclaimed Water Permit Program And Standards › Section 20.11 - Required Submissions for Reclaimed Water Permit Applications

Current through Register 1525, July 5, 2024
All applications for a permit to construct, install, modify,
				operate or maintain a reclaimed water system in accordance with
				314 CMR 20.00 shall include
				an Engineering Report, a Reuse Management Plan, and, if the applicant proposes
				that the reclaimed water by used by one or more persons other than the
				permittee, Service and Use Agreement(s). For permit renewals and modifications,
				the applicant may update existing documents. All documents other than the
				Service and Use Agreement(s) shall be completed in accordance with relevant
				Department design guidelines and shall be prepared, stamped and signed by a
				Massachusetts Registered Professional Engineer with a concentration in civil,
				sanitary or environmental engineering, and shall be accompanied by a
				Certification Statement that the documents have been prepared in accordance
				with Department standards and signed by the Massachusetts Registered
				Professional Engineer. The documents shall be consistent with
				314 CMR 20.00. If reclaimed
				water is proposed to be used 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 notify the public water system in writing by certified mail,
				and include a copy of said notice with the application.
Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 20.00 - Reclaimed Water Permit Program And Standards › Section 20.12 - The Engineering Report

Current through Register 1525, July 5, 2024
(1) At a
			 minimum, the Engineering Report shall contain a detailed description of the
			 treatment works, including the wastewater treatment technology to be employed,
			 the concentration of pollutants in the reclaimed water that is to be produced
			 by the treatment works, and the proposed classification of the reclaimed water.
			 The description shall include information on the sources of water to be
			 treated, flows and loads, number and size of unit processes, appurtenant
			 facilities and a preliminary layout. The Engineering Report shall also provide
			 documentation, including without limitation, the results of any pilot studies
			 that show that the proposed technology will meet the effluent limits applicable
			 to the proposed classification. The Engineering Report shall include a
			 monitoring plan and a schematic that identifies the proposed locations for
			 monitoring to assess compliance with the applicable requirements.
(2) At a minimum, the Engineering Report
			 shall document that:
(a) The wastewater
			 treatment facilities have been designed in accordance with the latest edition
			 of TR-16:
Guidelines for the Design of Wastewater Treatment
			 Facilities
prepared by the New England Interstate Water Pollution
			 Control Commission and other applicable Department guidelines.
(b) To meet the EPA Class I Reliability
			 Standards, the wastewater treatment facilities have been designed to include
			 the following components:
1. Two independent
			 and separate sources of power, with the backup source sufficient to operate all
			 vital components during peak flow conditions, together with critical lighting
			 and ventilation;
2. Unit
			 redundancy;
3. Additional storage
			 or bypass to a discharge site as required by the Department pursuant to 314 CMR
			 20.12(3) and 314 CMR 20.12(5); and
4. Sufficient inventory of spare equipment
			 and parts to minimize the time period that treatment plant operations are
			 off-line.
(c) The
			 wastewater treatment facilities have been designed in accordance with the
			 requirements of the Massachusetts Uniform State Plumbing Code,
			 248
			 CMR 10.00.
Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 20.00 - Reclaimed Water Permit Program And Standards › Section 20.13 - Requirements for Use of Reclaimed Water for Irrigation

Current through Register 1525, July 5, 2024
(1) Except as otherwise provided in 314 CMR
			 20.13(3), an application for a reclaimed water system that treats wastewater so
			 that it may be used for irrigation shall include a public education program and
			 an implementation schedule that provides for annual reporting on the
			 implementation of the program. The education program shall be designed to
			 inform users, residents and plumbing contractors and inspectors who deal with
			 irrigation about the need to:
(a) Prohibit
			 cross connections between the reclaimed water system, the potable water, system
			 and the pipes carrying water for drinking, domestic, and culinary
			 purposes;
(b) Clearly and
			 distinctly identify the potable water distribution lines and plumbing carrying
			 water for drinking, domestic and culinary purposes to differentiate them from
			 the reclaimed water distribution lines and plumbing;
(c) Avoid contact with and minimize ponding
			 or runoff of reclaimed water; and
(d) Comply with all other applicable
			 requirements governing the use of reclaimed water for irrigation.
Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 20.00 - Reclaimed Water Permit Program And Standards › Section 20.15 - Signatories to Permit Applications, Reports and Other Submittals

Current through Register 1525, July 5, 2024
(1) All applications for a reclaimed water
			 system permit issued by the Department pursuant to
			 314 CMR 5.00 shall be signed
			 in accordance with
			 314
			 CMR 5.14. All applications for a reclaimed
			 water system permit issued by the Department pursuant to
			 314 CMR 20.00 shall be signed
			 as follows:
(a) For a corporation or limited
			 liability corporation: a president, secretary, treasurer, or vice president of
			 the corporation in charge of a principal business function and duly authorized
			 by its Board of Directors, or any other person who performs similar policy or
			 decision-making functions for the corporation or to whom authority to sign such
			 documents has been assigned or delegated in accordance with corporate
			 procedures;
(b) For a partnership
			 or limited partnership, by a general partner;
(c) For a sole proprietorship by the
			 proprietor;
(d) For a trust: by the
			 trustee; or
(e) For a municipality,
			 other local government unit, or instrumentality or political subdivision of the
			 State or Federal government: by a principal executive officer, ranking elected
			 official or other person with legal authority to sign such documents.
Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 20.00 - Reclaimed Water Permit Program And Standards › Section 20.16 - Continuation of an Expiring Permit that was Issued by the Department Pursuant to 314 CMR 20.00

Current through Register 1525, July 5, 2024
(1) The conditions
			 of a reclaimed water system permit issued by the Department pursuant to
			 314 CMR 5.00 continue in force
			 beyond the expiration date as provided in
			 314 CMR
			 5.08.
(2) The conditions of a reclaimed water
			 system permit issued by the Department pursuant to
			 314 CMR 20.00 continue in
			 force beyond the expiration date pursuant to M.G.L. c. 30A, § 13, if:
(a) The permittee has made a complete and
			 timely application for a permit renewal or for a new permit pursuant to
			 314 CMR
			 20.10; and
(b) The Department does not renew the permit,
			 issue a new permit, deny the application, or modify or revoke the permit on or
			 before the expiration date of the expiring permit.
Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 20.00 - Reclaimed Water Permit Program And Standards › Section 20.17 - Special Permit Conditions

Current through Register 1525, July 5, 2024
Special Conditions
. Except as
				otherwise provided in 314 CMR 20.17(5), and 314 CMR 20.17(7), each permit for a
				reclaimed water system issued by the Department pursuant to
				314 CMR 3.00,
				314 CMR 5.00 or
				314 CMR 20.00 shall identify
				the class of the reclaimed water and specify effluent limits, and authorized
				uses in accordance with 314 CMR 20.17. The effluent limits set forth in 314 CMR
				20.17 apply only to effluent that is used as reclaimed water. The permit shall
				assign the reclaimed water produced by the reclaimed water system to one of the
				classes listed below, based upon the level of treatment and the concentration
				of the pollutants. The classification shall limit how the reclaimed water may
				be used. If more than one use is proposed, the permit shall provide that
				reclaimed water meet the effluent limits associated with the most stringent
				classification. As more fully set out below, the classes are Class A, Class B,
				and Class C.
(1)
Class
			 A
. Class A reclaimed water is reclaimed water that at all times
			 meets or exceeds the effluent limits in 314 CMR 20.17(1)(b).
(a)
Uses
. Class A
			 reclaimed water may be used for any activity for which Class B reclaimed water
			 or Class C reclaimed water may be used as set forth in 314 CMR 20.17(2) and
			 (3). Class A reclaimed water may be used for the following additional
			 activities:
1.
Irrigation
. Class A reclaimed water may be used for
			 irrigation at locations where individual members of the public are likely to
			 come into contact with the reclaimed water, including, without limitation:
a. Golf courses;
b. Parks and playgrounds;
c. Landscaping around schools, colleges, and
			 universities;
d. Landscaping around
			 residential and mixed-use developments;
e. Athletic fields;
f. Cemeteries;
g. Highway rest areas; and
h. Non-residential developments, such as office
			 complexes, public buildings, hotels, motels, and commercial malls.
Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 21.00 - Massachusetts Watershed Permit Regulations › Section 21.01 - General Provisions

Current through Register 1525, July 5, 2024
(1)
Purpose
. The purpose of these regulations is to
			 establish a watershed permitting strategy and process to restore and protect
			 water quality in nutrient impacted watersheds. The development and
			 implementation of a Watershed Management Plan that will eliminate these water
			 quality impacts are essential to this purpose.
A Watershed Permit establishes performance standards,
				authorized activities, and the timeframes that will be utilized under an
				adaptive management framework to achieve nutrient load reductions that are
				necessary to meet the specific water quality and habitat quality restoration
				goals that have been identified in a watershed analysis as being necessary to
				meet the designated uses of the waterbody established by the Department under
				314 CMR
				4.00:
Massachusetts Surface Water Quality
				Standards
, for the nutrients identified in the watershed
				analysis.
(2)
Authority
. The Massachusetts Clean Waters Act, M.G.L.
			 c. 21, §§ 26 through 53, charges the Department with the duty and
			 responsibility to protect the public health and enhance the quality and value
			 of the water resources of the Commonwealth. The Massachusetts Watershed Permit
			 Regulations are promulgated pursuant to M.G.L. c. 21, § 27 and St. 2014,
			 c. 259, § 2A. Consistent with this authority, any Watershed Permit that
			 the Department issued prior to the effective date of these regulations shall
			 remain valid and binding on the permittees.
Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 21.00 - Massachusetts Watershed Permit Regulations › Section 21.04 - Application Review Process

Current through Register 1525, July 5, 2024
(1)
Permit Review Standard
. The Department shall not issue
			 a Watershed Permit if the proposed Watershed Management Plan does not provide
			 for either achievement of the Necessary Nitrogen Load Reductions during the
			 permit term or reasonable progress in achievement of those Necessary Nitrogen
			 Load Reductions within the permit term. The Department will make a finding of
			 reasonable progress if it determines that:
(a)
			 the Applicant's proposed alternative provided under
			 314
			 CMR 21.03(2)(b)13. is
			 reasonable considering the financial costs and environmental impacts of the
			 complete and proposed alternative compliance scenarios provided under
			 314
			 CMR 21.03(2)(b)13;
(b) the Applicant cannot reasonably achieve
			 the Necessary Nitrogen Load Reductions within the permit term; and
(c) either:
1. at least 75% of the Necessary Nitrogen
			 Load Reduction will be achieved within 20 years, or
2. an alternative schedule is appropriate
			 based on watershed-specific issues (
e.g
., number or complexity
			 of watersheds, proportion of community's land area in watershed, total nitrogen
			 load to be reduced, logistical and financial planning for wastewater
			 infrastructure, complexity of achieving nitrogen reduction targets). The
			 alternative schedule must, at a minimum, include planning and a schedule to
			 achieve all Necessary Nitrogen Load Reductions.
Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 21.00 - Massachusetts Watershed Permit Regulations › Section 21.05 - Required Elements of a Watershed Permit

Current through Register 1525, July 5, 2024
(1)
Approved Watershed Management Plan and Implementation
			 Schedule
. A Watershed Permit shall establish a schedule for the
			 permittee's implementation of the pollutant reduction actions identified in the
			 Watershed Management Plan approved by the Department. The proposed activities,
			 schedule, and facilities set forth in the applicant's Watershed Management
			 Plan, with Department-approved modifications, shall be enforceable requirements
			 of, and incorporated within, the Watershed Permit. The Department may modify
			 the Watershed Management Plan or the approved implementation schedule in
			 accordance with the terms and conditions of
			 314 CMR
			 21.00 and the Watershed Permit.
(2)
Monitoring and
			 Reporting
. The permittee shall monitor water quality in accordance
			 with the monitoring requirements contained in the Watershed Permit and shall
			 report the results annually to the Department, or as otherwise required by the
			 Department.
(3)
Adaptive Management Framework
.
(a) The Watershed Permit shall establish an
			 adaptive management framework in which the permittee will make future
			 decisions, subject to the approval of the Department, as part of an ongoing
			 science-based process that is consistent with:
1. any applicable TMDL, Alternative
			 Restoration Plan, MEP Report, or Scientific Evaluation and
2. the Permittee's progress in attaining
			 Necessary Nitrogen Load Reductions during the permit term.
Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 21.00 - Massachusetts Watershed Permit Regulations › Section 21.06 - Modification, Revocation, Termination, and Renewal of a Watershed Permit

Current through Register 1525, July 5, 2024
(1) The Department may propose and determine
			 to modify or revoke any Watershed Permit, in whole or in part, for cause
			 including, but not limited to, violation of the permit, obtaining the permit by
			 misrepresentation, or failure to disclose fully all relevant facts or any
			 change in or discovery of conditions relevant to the permit. Revocation of a
			 permittee's coverage shall operate as a termination of the Watershed Permit
			 with respect to that permittee and the terms of
			 310
			 CMR 15.215(2)(d)  requiring
			 Title 5 system upgrades and Best Available Nitrogen Reducing Technology for New
			 Construction shall become effective in the watershed area for each permittee to
			 whom the termination is applicable. Termination of a permit because
(a) its term expires without attainment of
			 the Necessary Nitrogen Load Reductions and
(b) it has not been continued pursuant to
			 314
			 CMR 21.07 or renewed pursuant to
			 314
			 CMR 21.06(5), will cause the
			 requirements of
			 310
			 CMR 15.215(2)(d)  for system
			 upgrades and New Construction to become effective in the watershed area to
			 which the termination applies.
Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 21.00 - Massachusetts Watershed Permit Regulations › Section 21.07 - Continuation of an Expiring Watershed Permit

Current through Register 1525, July 5, 2024
(1) In
			 accordance with M.G.L. c. 30A, § 13, a Watershed Permit shall not expire
			 until the Department has issued a decision denying or approving the permittee's
			 renewal application if:
(a) the permittee
			 submitted a complete renewal application at least six months prior to the date
			 of expiration of the Watershed Permit; and
(b) the Department, through no fault of the
			 permittee, does not issue or deny a renewed permit on or before the expiration
			 date of the previous permit.
Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 21.00 - Massachusetts Watershed Permit Regulations › Section 21.08 - Signatories to Permit Applications and Reports

Current through Register 1525, July 5, 2024
(1)
Applications
.
			 All permit applications shall be signed by either a principal executive officer
			 or ranking elected official with authority to legally bind the
			 applicant.
(2)
Reports
. All reports required by a Watershed Permit
			 and other information requested by the Department shall be signed by a person
			 described in
			 314
			 CMR 21.08(1), or by a duly
			 authorized representative of that person. A person is a duly authorized
			 representative only if:
a. The authorization
			 is made in writing by a person described in
			 314
			 CMR 21.08(1);
b. The authorization specifies either an
			 individual or a position having responsibility for the overall operation of the
			 regulated facility or activity, such as the position of plant manager,
			 superintendent, or position of equivalent responsibility; and
c. The written authorization is submitted to
			 the Department.
Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 21.00 - Massachusetts Watershed Permit Regulations › Section 21.09 - Enforcement, Violations, and Right of Entry

Current through Register 1525, July 5, 2024
(1) The Department may take enforcement
			 action pursuant to applicable law to enforce the provisions of
			 314 CMR
			 21.00 and any Watershed Permit issued thereunder. Such
			 action may include, without limitation, the following:
(a) Requiring a permittee to provide
			 information, within a timeframe specified by the Department, to enable the
			 Department to determine whether such permittee is subject to, in violation of,
			 or has violated
			 314 CMR
			 21.00 or any Watershed Permit issued thereunder;
(b) Revoking the Watershed Permit
			 in accordance with
			 314
			 CMR 21.06;
(c) Assessing civil administrative penalties
			 pursuant to M.G.L. c. 21A, § 16, and M.G.L. c. 21, § 42;
			 and
(d) Taking any other actions
			 authorized by these regulations or any other authority by which the Department
			 may act.
Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 21.00 - Massachusetts Watershed Permit Regulations › Section 21.11 - Appeals

Current through Register 1525, July 5, 2024
During the 21-day period following issuance of the Watershed
				Permit, the determination to deny the permit, or the issuance of significant
				permit modifications under
				314
				CMR 21.06(4)  the applicant
				or any person aggrieved by the issuance or the determination, if that aggrieved
				person also filed comments during the public comment period or provided
				testimony at a public hearing, may file a request for an adjudicatory hearing.
				The appeal of a significant permit modification(s) shall be limited to the
				significant modification(s). The requirement to file written comments or
				provide testimony at a public hearing may only be excused if the final
				Watershed Permit reflects significant changes from the Department's tentative
				determination that could not be reasonably anticipated. If the Department
				revokes or terminates a Watershed Permit, the permittee may request an
				adjudicatory hearing within 21 days following issuance of the revocation or
				termination. The standing of a person to request an adjudicatory hearing and
				the procedures for filing such request are governed by M.G.L. c. 30A and
				310
				CMR 1.01:
Adjudicatory Proceeding
				Rules for the Department of Environmental
				Protection
.
Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 21.00 - Massachusetts Watershed Permit Regulations › Section 21.12 - De Minimis Nitrogen Load Exemption

Current through Register 1525, July 5, 2024
(1) Any Local
			 Government Unit may apply for a
De Minimis
Nitrogen Load
			 Exemption. Within 28 days of filing the application, the applicant shall
			 publish notice of the suspension of any applicable Title 5 upgrade and New
			 Construction requirements under
			 310
			 CMR 15.215(2)  in the
			 forthcoming Environmental Monitor; on the applicant's official website; in the
			 town hall where similar notices are published; and in a local or regional
			 newspaper with the largest readership distribution within the area that may be
			 affected by the exemption. In municipalities with Environmental Justice
			 Populations where the preceding method for publishing public notice does not
			 specifically serve the Environmental Justice Population(s), the applicant must
			 also provide the preceding notice to at least one additional news organization
			 that primarily serves the Environmental Justice Population(s) within the area
			 that may be affected by the designation. The public notice shall be translated
			 into other languages that are prevalent in areas with persons of limited
			 English proficiency.
(2)
Contents of an Application
. The application shall
			 contain sufficient information for the Department to evaluate whether it meets
			 the applicable review criteria. At a minimum, the application shall include:
(a) A complete application form provided by
			 the Department for such purpose;
(b) Any planning documents, such as a CWMP,
			 TWMP, or equivalent wastewater planning document applicable to the area for
			 which the exemption is sought, if available;
(c) Sufficient evidence
			 (
e.g.
, MEP, TMDL, or other Scientific Evaluation) to show that
			 the Baseline Nitrogen Load attributed to the applicable watershed or
			 sub-watershed area, as applicable, is less than or equal to 3% of the
			 Controllable Attenuated Nitrogen Load for the entire watershed or
			 sub-watershed, as applicable; and
(d) Sufficient evidence
			 (
e.g.,
records of water usage, building permits, zoning
			 information, census data and, if necessary, modelling) demonstrating that the
			 applicant's Updated Nitrogen Load does not exceed 3% of the Controllable
			 Attenuated Nitrogen Load for the watershed or sub-watershed, as
			 applicable.
Code of Massachusetts Regulations › 320 CMR - DEPARTMENT OF FISH AND GAME › Title 320 CMR 2.00 - Public Access Facilities › Section 2.01 - Definitions

Current through Register 1525, July 5, 2024
Unless the context otherwise requires, the following words shall have the following meanings and the following rules of construction shall apply:
Amphibious Vehicle
means any motored vehicle that is designed to operate both on land and in the water including but not limited to those vehicles commonly referred to as DUKWs, LARCs, Stalwarts, hybrids and United States Coast Guard Certified Amphibians.
Director of Fishing and Boating Access
means the person appointed by the Commissioner of the Department of Fish and Game to act as the administrative head of the Department of Fish and Game's public access program, also known as the Office of Fishing and Boating Access.
Intended Use of a Public Boating Access Facility
means the launching and retrieval of any trailered or cartop watercraft and parking of the vehicle used to launch and retrieve watercraft in a properly marked parking area.
Intended Use of a Shorefishing Area
means recreational fishing.
Intended Use of a Sportfishing Pier
means recreational fishing.
Public Access Facility
means any public facility that is posted by signage of the Director, or the Director's designee, to provide access by the public to a land and/or water resource within Massachusetts that is subject to the authority of M.G.L. c. 21A, § 11B and 320 CMR 2.00, including, but not limited to, boat launching ramps, car-top boat access areas, parking areas, sportfishing piers and shorefishing areas, on locations designated by the Public Access Board, or public access facilities that are located on public lands with the consent of the Department of Fish and Game, or by agreement with other public agencies in charge thereof of such public lands as authorized by M.G.L. c. 21A § 11B.
Watercraft
means a vessel of any kind, except seaplanes and amphibious vehicles, which is used or capable of being used as a means of transportation on water.
Code of Massachusetts Regulations › 320 CMR - DEPARTMENT OF FISH AND GAME › Title 320 CMR 2.00 - Public Access Facilities › Section 2.02 - Management Measures

Current through Register 1525, July 5, 2024
(1) It is unlawful to operate any amphibious vehicle, airplane or seaplane in or on a public access facility.
(2) Notwithstanding any provision of 320 CMR 2.00, the Director may establish:
(a) management measures governing the use of a public access facility including, but not limited to, the number of users, the time of use, the manner of use and the type of use;
(b) management measures governing any watercraft using a public access facility including, but not limited to, engine horsepower, watercraft specifications, and the size and type of trailers used to launch watercraft; and
(c) management measures restricting, suspending or prohibiting the use of a public access facility.
Code of Massachusetts Regulations › 320 CMR - DEPARTMENT OF FISH AND GAME › Title 320 CMR 2.00 - Public Access Facilities › Section 2.03 - Special and General Permits

Current through Register 1525, July 5, 2024
(1) The Director may issue special permits authorizing special activities, events, fishing derbies or contests or other public gatherings at public access facilities for no more than seven consecutive days.
(2) The Director may issue general permits for time periods that extend beyond seven consecutive days to federal, state or local authorities for uses that facilitate a public purpose provided that the Director determines such uses do not significantly interfere with the public uses of such facility.
(3) Applications for a special permit or general permit may be made to the Director.
(4) The Director may establish conditions and restrictions to the special or general permit that, in his opinion, are necessary and appropriate for the public health, welfare and safety, or are required by the type of public access facility sought to be used.
Code of Massachusetts Regulations › 320 CMR - DEPARTMENT OF FISH AND GAME › Title 320 CMR 2.00 - Public Access Facilities › Section 2.04 - Prohibitions

Current through Register 1525, July 5, 2024
Unless otherwise authorized by special or general permit issued pursuant to 320 CMR 2.03, it is unlawful for any person to conduct the following uses or activities within a public access facility:
(1) camp, swim, sleep overnight, picnic, loiter, gamble or drink alcoholic beverages;
(2) litter, vandalize property, have a fire, post a sign or notice or have unleashed pets;
(3) ride bicycles, motorcycles, snowmobiles, all terrain or other vehicles at a public access facility except as required for the intended use of the public access facility;
(4) use a public access facility for any purpose other than its intended use;
(5) use any parking area for a purpose other than the parking of vehicles used to launch and retrieve watercraft, or in conjunction with the intended use of the public access facility;
(6) park a motor vehicle and/or trailer in a manner inconsistent with the striping pattern, signage or other means used to delineate the proper places to park;
(7) exceed any posted speed limit, or violate any traffic pattern or traffic control measure;
(8) conduct any business, commercial or trade activity that is inconsistent with the intended use of the facility;
(9) sell or otherwise deal in wares of any sort or advertise any business, commercial activity or trade;
(10) conduct any rental transactions, including rental of canoes, kayaks or other watercraft;
(11) hold any public or private meeting, or conduct or participate in any tournament, contest or organized sporting, fishing or boating event;
(12) wash motor vehicles, boats or any other personal property or equipment, or flush motors or other equipment;
(13) fish within a 50 foot radius of any boat launching ramp or associated pier or float system, unless as otherwise authorized by the Director by signage posted at the facility;
(14) leave any motor vehicle or boat trailer within a public access facility for more than 18 hours;
(15) store any watercraft, trailers, equipment or other personal items, beach, dock or tie up any watercraft for more than 30 minutes, or use docks, piers or floats by watercraft not launching or retrieving;
(16) operate watercraft at other than headway speed or waterski within 300 feet of any public access facility;
(17) operate personal watercraft from any public access facility except for the initial launch and retrieval;
(18) close, gate or obstruct the entrance to any public access facility or take any action or conduct any activity that prevents or impedes access to, or the intended use of a public access facility;
(19) load or unload powered watercraft onto or off of boat trailers by means of propulsion systems in violation of signage posted at the facility by the Director that prohibit such activities at specified public access facilities; or
(20) falsify any information on an application for a special or general permit.
Code of Massachusetts Regulations › 320 CMR - DEPARTMENT OF FISH AND GAME › Title 320 CMR 2.00 - Public Access Facilities › Section 2.05 - Penalties

Current through Register 1525, July 5, 2024
Violation of any provision of 320 CMR 2.00, any posted management measure or the conditions or restrictions of any special or general permit may be punished by any of the following:
(1) a fine of not more than $100;
(2) the revocation or suspension of any special permit or use under a general permit issued pursuant to 320 CMR 2.03;
(3) a prohibition on the future application for or issuance of a special or general permit; and
(4) the towing or removal at the owner's cost of any motor vehicle, trailer, watercraft or other article of personal property abandoned or left for more then 18 hours at a public access facility, or parked in a manner in violation of 320 CMR 2.00 and applicable management measures.
Code of Massachusetts Regulations › 321 CMR - DIVISION OF FISHERIES AND WILDLIFE › Title 321 CMR 2.00 - Miscellaneous Regulations › Section 2.09 - Trapping of Birds by Farmers

Current through Register 1525, July 5, 2024
(1) Permits may be
			 issued to farmers to trap alive and subsequently destroy English (house)
			 sparrows, starlings, and common pigeons if they are destroying agricultural
			 crops or endangering the health of livestock, poultry, or fur-bearing
			 animals.
(2) If any bird protected
			 by state or federal law, other than birds specified in the permit, be trapped,
			 permittee shall immediately release it unharmed.
(3) Applications for permits shall be in
			 writing, and shall state: the damage being done, the extent of such damage, the
			 species of birds to be trapped, the type of trap to be used, the location of
			 each such trap, and the period within which he intends to use such trap(s).
			 Each application shall be accompanied by a fee, the amount of which shall be
			 determined annually by the Commissioner of Administration and Finance pursuant
			 to M.G.L. c. 7, § 3B.
(4) No
			 trap other than a New York Starling Trap or trap of similar design shall be
			 used in conjunction with this permit.
(5) Each trap shall be marked with the
			 permittee's name and address and his permit number. The permittee or his agent
			 shall check each such trap twice daily.
(6) Permittees must comply with any special
			 terms, conditions, or restrictions prescribed in the permit.
(7) Unprotected birds trapped under this
			 permit shall be destroyed as soon as possible after trapping, and shall not be
			 kept for food or other purpose.
(8)
			 At the end of the period specified in the permit, permittee shall send the
			 director a written report, signed by him, stating the number and species of
			 birds trapped and destroyed.
(9)
			 This permit may be suspended or revoked by the director for cause after due
			 notice and hearing.
Code of Massachusetts Regulations › 321 CMR - DIVISION OF FISHERIES AND WILDLIFE › Title 321 CMR 2.00 - Miscellaneous Regulations › Section 2.10 - Issuance of Permits to Expose Poisons for the Control of Mammal and Bird Species not Protected by Federal or State Statutes

Current through Register 1525, July 5, 2024
(1)
Definitions
:
(a)
Avitrol
®
			 means a brand of 4-aminopyridine, a bird management chemical registered as a
			 flock-frightening repellent.
(b)
Board
means the Fisheries and Wildlife Board as
			 constituted in M.G.L. c. 21, § 7.
(c)
Director
means
			 the Director of the Division of Fisheries and Wildlife or his or her
			 agents.
(d)
Orchard
means a cultivated aggregate of fruit-
			 producing trees or shrubs.