Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 21.00 - Massachusetts Watershed Permit Regulations › Section 21.03 - Application for a Watershed Permit

Current through Register 1525, July 5, 2024
(1)
Any Local Government Unit seeking a Watershed Permit may file an
			 application with the Department
. A Watershed Permit application or
			 a Notice of Intent for a Watershed Permit must be filed pursuant to
			 310
			 CMR 15.215(2)  to suspend
			 any Title 5 New Construction requirements under
			 310
			 CMR 15.215(2)(b)  or to
			 prevent any applicable Title 5 system upgrade requirements under
			 310
			 CMR 15.215(2)(a)  from going
			 into effect. Multiple Local Government Units that share a watershed or
			 sub-watershed may apply jointly for a Watershed Permit, provided they have
			 entered into a mutually enforceable agreement among the parties that confirms
			 each applicant's percentage share of the Necessary Nitrogen Load Reductions and
			 provides a framework to coordinate resource management decision-making and
			 arrangements relating to the receipt and expenditure of funds for
			 implementation. Unless otherwise stated in the mutually enforceable agreement
			 among the parties, each Local Government Unit is only responsible for the
			 proportion of the Controllable Attenuated Nitrogen Load that originates from
			 within its political boundaries. Authority to enforce the Watershed Permit is
			 reserved to the Department.
(2)
Contents of an Application
. An application for a
			 Watershed Permit shall contain sufficient information for the Department to
			 evaluate whether the application meets the applicable review criteria. Unless
			 otherwise determined by the Department, the application shall include:
(a) a complete application using a form
			 provided by the Department for such purposes;
(b) a Watershed Management Plan, signed and
			 stamped by a Massachusetts Registered Professional Engineer, for the watershed
			 or sub-watershed that is the subject of the application and includes:
1. maps depicting the watershed boundary,
			 including each parcel of land within the area proposed for coverage, and a
			 narrative describing the area proposed to be covered under a Watershed
			 Permit;
2. a description of the
			 current and historic water quality conditions, including short-term
			 (daily/seasonal) and long-term (annual) variability;
3. any earlier planning approaches taken
			 prior to filing the application, including any related findings and
			 recommendations;
4. the types,
			 locations, and timing of any ongoing and proposed TMDL, Alternative Restoration
			 Plan, MEP Report, or Scientific Evaluation implementation activities within the
			 watershed or sub-watershed proposed for coverage, including a table
			 identifying:
a. the Updated Nitrogen Load that
			 the area proposed for coverage under the Watershed Permit contributed to the
			 Surface Waters of the watershed, specifying and accounting for implementation
			 of all nitrogen reduction measures;
b. projected loads for the following 20 years
			 (projections must include scenarios for proposed nitrogen-load reducing
			 activities; a MEP Report or other Scientific Evaluation buildout scenario may
			 suffice);
c. the percentage of
			 Necessary Nitrogen Load Reductions to be attained during the term of the permit
			 and a concise description of the means of achieving those specified
			 reductions;
d. the Conventional
			 Control Technologies and Alternative Control Approaches or Technologies
			 selected for pollutant load reductions and identification of each permittee
			 that will be responsible for implementing each activity;
e. the area each selected Conventional
			 Control Technology and Alternative Control Approach or Technology would
			 service;
f. the apportionment of
			 Necessary Nitrogen Load Reductions for each of the selected Conventional
			 Control Technologies and Alternative Control Approaches or
			 Technologies;
g. the implementation
			 schedule for each Alternative Control Approach or Technology proposed,
			 including a timeframe for demonstration, testing, and acceptance or abandonment
			 of such approaches or technologies;
5. maps depicting the watershed boundary,
			 including each parcel of land within the area proposed for coverage, and a
			 narrative describing the Core Sewer Area, if applicable, and the service areas
			 prioritized for wastewater collection and treatment after accounting for
			 implementation of the selected Alternative Control Approaches and
			 Technologies;
6. documentation of
			 what each permittee proposes to do to reduce its pollutant load in the
			 watershed or sub-watershed and when those reductions would occur;
7. if Alternative Control Approaches and
			 Technologies are proposed, a contingency plan for a back-up Conventional
			 Control Technology in the event that the Alternative Control Approaches and
			 Technologies selected do not function as predicted;
8. a description of each of the proposed
			 pollutant reduction actions to reduce current and projected loads identified
			 above;
9. cost estimates for the
			 infrastructure and programs associated with the proposed actions, if
			 available;
10. an implementation
			 schedule, not to exceed 20 years, currently envisioned by the applicant(s),
			 including a designated set of activities that will occur in each five-year
			 period and a methodology for analyzing the results of those activities and
			 making necessary adjustments for each subsequent five-year period of the permit
			 to meet required load reductions;
11. a watershed or sub-watershed scale
			 monitoring plan that defines the goals of the monitoring plan, the selected
			 water quality parameters, the method(s) of monitoring to be employed, the
			 sampling frequency, locations, timing and duration, and a Quality Assurance
			 Program Plan;
12. the information
			 sources relied upon to develop the proposed Watershed Management
			 Plan;
13. if the application seeks
			 a Watershed Permit based on a Watershed Management Plan that will not attain
			 Necessary Nitrogen Load Reductions during the permit term, documentation
			 showing the financial costs and environmental impact of:
a. complete compliance with those goals and
b. a proposed alternative that
			 makes reasonable progress toward achievement of the goals in accordance with
			 314
			 CMR 21.04(1)(a); and
(c) if there
			 is more than one applicant, an inter-municipal agreement or other legally
			 binding and appropriate agreement among the applicants that confirms each
			 permittee's percentage share of the aggregate pollutant reduction
			 responsibility and provides a framework to administer implementation of the
			 Watershed Management Plan, including arrangements for the receipt and
			 expenditure of funds.