Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 36.00 - Massachusetts Water Resources Management Program › Section 36.07 - Registration Conditions

Current through Register 1525, July 5, 2024
(1) The registrant
			 shall comply at all times with the requirements and conditions imposed by the
			 Department, M.G.L. c. 21G, and
			 310 CMR
			 36.00, and all other applicable state and federal
			 statutes and regulations.
(2) The
			 registrant shall comply with the following conditions on a registered
			 withdrawal when imposed by the Department in a registration statement:
(a) the installation of flow meters within a
			 specified time;
(b) the accurate
			 recording and reporting annually of the quantity of the water that is being
			 withdrawn; and
(c) restrictions on
			 Nonessential Outdoor Water Use as follows:
1.
			 For withdrawals not described in
			 310
			 CMR 36.07(2)(c)2. or 3., as
			 soon as possible but no later than 24 months after issuance of the registration
			 statement, the registrant shall establish enforceable restrictions limiting
			 nonessential outdoor water use. Such restrictions shall be in place during a
			 drought declaration by the Secretary for the drought region, county or
			 watershed where the registrant's withdrawals are located, and nonessential
			 outdoor water use shall be restricted as follows:
a.
Level 1 (Mild
			 Drought)
. All nonessential outdoor water uses restricted to no
			 more than one day per week, before 9:00 A.M. and after 5:00 P.M., except that
			 watering of ornamentals and flower gardens with drip irrigation, hand-held hose
			 or watering cans may be permitted.
b.
Level 2 (Significant
			 Drought)
. All nonessential outdoor water uses banned, except that
			 watering of ornamentals and flower gardens with drip irrigation, hand-held hose
			 or watering cans may be permitted.
c.
Level 3 (Critical Drought) or
			 Level 4 (Drought Emergency)
. All nonessential outdoor water uses
			 are banned.
2. For
			 withdrawals for the maintenance of golf course greens, tees, fairways, and
			 roughs during a drought declaration by the Secretary for the drought region,
			 county or watershed where the registrant's withdrawals are located, registrants
			 shall comply with the following restrictions on nonessential outdoor water use:
a.
Level 1 (Mild
			 Drought)
. Irrigation of fairways shall be reduced to 80% of
			 normal, irrigation of roughs shall be reduced to 50% of normal, and there shall
			 be no irrigation of landscaping and ornamentals.
b.
Level 2 (Significant
			 Drought)
. Irrigation of fairways shall be reduced to 60% of
			 normal, and there shall be no irrigation of roughs, landscaping and
			 ornamentals.
c.
Level 3
			 (Critical Drought) or Level 4 (Drought Emergency)
. Irrigation of
			 fairways shall be reduced to 40% of normal, and there shall be no irrigation of
			 roughs, landscaping and ornamentals.
3. A registrant that only withdraws from
			 surface water supplies with Multi-Year Drought Storage, as determined by the
			 Department, may implement nonessential outdoor water use restrictions in
			 accordance with an accepted drought management plan instead of the restrictions
			 described in
			 310
			 CMR 36.07(2)(c)1. Such
			 registrants shall submit a plan for acceptance within two years of their first
			 registration renewal after [date of promulgation] and shall submit an updated
			 plan with each renewal registration request thereafter. The Department will
			 accept plans that establish nonessential outdoor use restrictions that are
			 sufficiently protective of public health and safety, reservoir capacity, and
			 any required releases, and that meet the following criteria:
a. drought stages determined by:
i. actual or modeled historical reservoir
			 levels used to trigger drought stages using a time series that includes the
			 system drought of record; or
ii.
			 days of supply remaining based on reservoir volume and days of supply remaining
			 at seasonal levels of demand with low inflow and precipitation; or
iii.  predicted reservoir drawdown and refill
			 probabilities determined using software and/or appropriate models; or
iv. a functionally equivalent method to
			 310
			 CMR 36.07(2)(c)3.a.i., ii.
			 or iii.;
b. response
			 actions triggered at each drought stage including, but not limited to,
			 enforceable restrictions limiting nonessential outdoor water use;
c. protocols for communicating drought stages
			 and enforceable restrictions to the public, the Department, and other state and
			 local officials;
d. a strategy for
			 establishing local enforcement authority and penalties for violations of the
			 restrictions;
e. a system to
			 monitor and document water use reductions; and
f. details of any required reservoir release
			 established by statute, regulation, permit or other approval issued by a state
			 or federal agency.
4. For
			 withdrawals described in
			 310
			 CMR 36.07(2)(c)1. and 2.,
			 restrictions at least as restrictive as those in
			 310
			 CMR 36.07(2)(c)1. and 2.,
			 respectively, shall remain in place for the declared drought level until the
			 drought level is changed by the Secretary.
5. Nothing in the registration shall prevent
			 the registrant from implementing nonessential outdoor water use restrictions
			 that are more stringent than those set forth in
			 310
			 CMR 36.07(2)(c)1. through
			 4.
6. If the registrant holds both
			 a registration and a permit that include seasonal restriction on nonessential
			 outdoor water use, then the nonessential outdoor water use restrictions in the
			 permit shall be controlling.