Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 36.00 - Massachusetts Water Resources Management Program › Section 36.03 - Definitions

Current through Register 1525, July 5, 2024
As used in
				310 CMR 36.00, the following
				terms shall have the following meanings:
Abutter
means an owner of land that
				shares a common boundary or corner with the parcel of land on which a proposed
				withdrawal is located, including land located directly across a street, road or
				way. Determination of ownership and common boundary shall be made with
				reference to the current local tax assessors' records and maps. A street, road
				or way is not an abutter.
Abutter of Abutter
means the owner of
				a parcel of land that shares a common boundary or corner with land owned by an
				abutter, including land located directly across a street, road or way.
				Determination of ownership and common boundary shall be made with reference to
				the current local tax assessors' records and maps. A street, road or way is not
				an abutter of abutter. Railroad rights-of-way shall receive notice as abutters
				or abutters of abutters, but are not abutters for the purpose of determining
				abutters of abutters.
Act
means the Massachusetts Water
				Management Act, M.G.L. c. 21G.
Annual Statement of Withdrawal
means a
				report filed on a form provided by the Department in accordance with
				310 CMR 36.00 stating the
				volume of raw water withdrawn during the prior year and any other information
				required by the Department pursuant to a registration statement or
				permit.
Aquifer
means a geologic formation,
				group of formations or part of a formation that is capable of yielding a
				significant amount of water, as determined by the Department.
August Median Flow
means the median of
				the August median flows for the period of record described by the U.S.
				Geological Survey in
Indicators of Streamflow Alteration, Habitat
				Fragmentation, Impervious Cover, and Water Quality for Massachusetts Stream
				Basins
(Weiskel
et al
., 2010, USGS SIR
				2009-5272).
August Net Groundwater Depletion
means
				the unimpacted median monthly flow for August minus 2000-2004 groundwater
				withdrawals plus 2000-2004 groundwater returns described by the U.S. Geological
				Survey in
Indicators of Streamflow Alteration, Habitat Fragmentation,
				Impervious Cover, and Water Quality for Massachusetts Stream Basins
(Weiskel
et al
., 2010, USGS SIR 2009-5272).
Authorized Withdrawal
means:
(a) that volume of water that is registered,
			 permitted or both; or
(b) that
			 volume of water for which a nonconsumptive use statement has been accepted by
			 the Department.
(c) The volume of an
			 authorized withdrawal in a registration statement or permit is expressed as an
			 annual average daily volume calculated by dividing the total annual withdrawal
			 by the number of days of operation during the year.
Baseline
means the volume of water
				withdrawn during calendar year 2005 plus 5%, or the average annual volume
				withdrawn from 2003 through 2005 plus 5%, whichever is greater, provided
				that:
(a) baseline cannot be less than
			 a permittee's registered volume;
(b) baseline cannot be greater than the
			 permitee's authorized volume for 2005; and
(c) if, during the period from 2003 to 2005,
			 the permittee's withdrawals from the water source were interrupted due to
			 contamination of the source or construction of a treatment plant, the
			 Department will use best available data to establish a baseline volume from the
			 water source.
For permittees with withdrawals in only one water source,
				baseline will be calculated for the withdrawals in that water source. For
				permittees with withdrawals in more than one water source, the Department will
				calculate a separate baseline for withdrawals from each water source, and a
				system-wide baseline based on the volume of water withdrawn from all water
				sources, using the methodology outlined above.
Biological Category
is defined at
				310
				CMR 36.14(1)(a).
Bioperiod
means specified periods
				during the year that correspond to fish life stages or critical biological
				processes (
e.g
., spawning, incubation, rearing, growth,
				migration, overwintering) based on
Characteristics and Classifications
				of Least Altered Streamflows in Massachusetts
(Armstrong
et
				al
., 2008, USGS SIR 2007-5291).
Coldwater Fish Resources
means waters
				that the MA Division of Fisheries and Wildlife has identified support cold
				water fish.
Commission
means the Water Resources
				Commission of the Executive Office of Energy and Environmental Affairs.
Commissioner
means the Commissioner of
				the Department of Environmental Protection.
Department
means the Department of
				Environmental Protection.
EOEEA Agencies
means the MA Executive
				Office of Energy and Environmental Affairs (EOEEA), the Department of Fish and
				Game and the Department of Conservation and Recreation.
Existing Withdrawal
means the average
				volume of water withdrawn from a particular water source between January 1,
				1981 and December 31, 1985 provided:
(a) That if, during such period of five
			 years, withdrawals were interrupted due to contamination of the water source,
			 the periods of such interruptions were excluded
pro rata
from
			 the computation of existing withdrawal;
(b) That a registration statement was filed
			 with the Department in accordance with M.G.L. c. 21G, §§ 5 and 6, and
			 310
			 CMR 36.04 and
			 36.06, and has been renewed
			 and maintained in accordance with
			 310
			 CMR 36.07 through
			 36.10; and
(c) That an annual statement of withdrawal
			 has been filed with the Department in accordance with
			 310
			 CMR 36.11.
Feasible
means capable of
				implementation taking into consideration the anticipated environmental
				improvement, cost, available technology and the permittee's legal authority to
				implement the alternative or action.
Firm Yield
means a simulated estimate
				of the water volume available in a reservoir or reservoir system during drought
				conditions, as approved by the Department. Firm yield is determined using the
				response of the reservoir to the drought of record. If the applicant has a
				drought management plan that details specific steps to be taken in response to
				droughts and the means to measure results, the Department will consider the
				response of the source(s) to the best approximation of a one-in-20 year
				drought. The reservoir system's firm yield derived from this analysis will then
				become the basis for permitting maximum annual withdrawals from the
				reservoir(s).
Fluvial Fish
means fish living in a
				stream or river that are dependent upon flow during one or more stages in their
				life cycle.
Groundwater Withdrawal Category
is
				defined at
				310
				CMR 36.14(1)(b).
MEPA
means the Massachusetts
				Environmental Policy Act, M.G.L. c. 30, §§ 61 through 62H,
				implemented by
				301 CMR
				11.00:
MEPA Regulations
.
Minimization
means measures that
				reduce withdrawals from, or return groundwater to, the subbasin or river basin
				from which a withdrawal is made, or other management measures intended to
				improve streamflow.
Mitigation
means activities undertaken
				that offset the impacts of ground or surface water withdrawals by improving
				streamflow or aquatic habitat.
Multi-Year Drought Storage
means a
				registrant's reservoir capacity, as determined by the Department, of not less
				than two times the sum of a registrant's authorized withdrawal and any required
				reservoir release established by statute, regulation, permit or other approval
				issued by a state or federal agency. Multi-Year Drought Storage does not
				include the volume of water below intake elevations.
New Withdrawal
means any withdrawal of
				water that is not authorized by a registration.
Nonconsumptive Use
means any use of
				water which results in its being discharged back into the same water source at
				or near the withdrawal point in substantially unimpaired quality and
				quantity.
Nonconsumptive Use Notification
				Statement
means a report filed with and approved in writing by the
				Department, describing the volume of water withdrawn and demonstrating that the
				use is nonconsumptive.
Nonessential Outdoor Water Use
means a
				use that is not required:
(a) for
			 health or safety reasons, including public facilities used for cooling such as
			 splash pads and swimming pools, and for washing of boats, engines, or marine
			 equipment to prevent negative saltwater impacts or the transfer of invasive
			 aquatic species;
(b) by permit,
			 license, statute or regulation;
(c)
			 for the production of food, including vegetable gardens, and fiber;
(d) for the maintenance of
			 livestock;
(e) to meet the core
			 functions (those functions essential to the commercial operations) of a
			 business, including but not limited to:
1.
			 plant nurseries as necessary to maintain stock;
2. golf courses as necessary to maintain
			 greens and tees, and limited fairway watering per
			 310
			 CMR 36.07(2)(c)2.a. through
			 c.;
3. venues used for weddings or
			 similar special events that limit watering to hand-held hose or drip irrigation
			 as necessary to maintain gardens, flowers and ornamental plants;
4. professional washing of exterior building
			 surfaces, parking lots, driveways and/or sidewalks as necessary to apply
			 surface treatments such as paint, preservatives, stucco, pavement, or cement in
			 the course of construction, reconstruction or renovation work;