Code of Massachusetts Regulations › 313 CMR - DIVISION OF WATER SUPPLY PROTECTION › Title 313 CMR 4.00 - Interbasin Transfer › Section 4.02 - Definitions

Current through Register 1525, July 5, 2024
7Q10, or a Seven-day Ten-year Flow
.
				The lowest seven consecutive day average flow that occurs (on average) once
				every ten years.
95% Exceedance Flow
. A low flow
				condition in a stream that is exceeded 95% of the time, using a minimum of a
				ten year period of record. This statistic is based on mean daily flows.
Commission
. The Massachusetts Water
				Resources Commission, or the Water Resources Commission staff, as
				appropriate.
Contingency Plan
. A written plan
				establishing operating procedures for adequately handling water supply
				emergencies, such as contamination of water supply sources or seasonal or
				drought related shortages of water supply. The plan shall include provision for
				emergency supply in the event of a sudden loss of existing sources and of a
				progressively stringent schedule for limiting water use during seasonal and
				extended dry periods.
Decision
. A majority roll call vote of
				the Commission at a public meeting to take action on any matter relating to its
				duties pursuant to M.G.L. c. 21, §§ 8B through 8D.
Donor Basin
. The basin from which the
				water or wastewater is transferred.
Drought Year Inflow
. A flow calculated
				from the 90th percentile of estimated near natural
				daily flows into a water body for each month of the year (monthly Q90), which
				are then multiplied by the number of days in each respective month and summed
				for an annual flow.
EEA
. The Massachusetts Executive
				Office of Energy and Environmental Affairs.
Emergency Connection
. Any connection,
				either approved under M.G.L. c. 21G, §§ 15 and 1616,
				310 CMR
				36.40 through
				36.42
				or authorized by law to provide a necessary and adequate water supply during
				any situation or event, natural or man-made, which causes or threatens to cause
				damage to a water supply system that could disrupt normal water supply
				functions. These connections could include interconnections to other existing
				public water supply systems, connections to obtain water directly from a new
				source, or connections to obtain greater amounts of water from an existing
				source than currently authorized under M.G.L. c. 21, §§ 8B through
				8D.
Hydraulic Capacity
. The maximum daily
				amount of water or wastewater that can pass through an existing authorized
				Transfer System.
Insignificant or Insignificance
. An
				increase in an Interbasin Transfer that has been determined by the Commission,
				based upon the impact to the Donor Basin, as insufficient to invoke the
				provisions of M.G.L. c. 21, §§ 8B through 8D, provided that in no
				case shall insignificance or insignificant mean an increase of one million
				gallons per day or more.
Interbasin Transfer
. Any transfer of
				the surface water, groundwater, and/or wastewater, of the Commonwealth outside
				of its River Basin as defined in
				313 CMR
				4.03. As such, the development of a local
				water supply source to be used within a community, but subsequently discharged
				as wastewater outside of that community and the source's basin of origin,
				constitutes an Interbasin Transfer. If a city or town partially situated within
				a River Basin takes waters from that basin, then the extension of its water or
				wastewater services to a portion of the same city or town outside the basin
				shall not be deemed an Interbasin Transfer.
MEPA
. The Massachusetts Environmental
				Policy Act (M.G.L. c. 30, §§ 61 and 62 through 62H).
MEPA Compliance
. Fulfilling the
				requirements of M.G. L. c. 30, §§ 61 and 62 through 62H, and
				301 CMR
				11.00:
MEPA Regulations.
Massachusetts Water Conservation
				Standards
. Measures approved by the Commission that set statewide
				goals and provide guidance for water conservation and efficiency.
Metering
. The installation of water
				use measuring devices on all permanent water supply services, including master
				meters, source meters, treatment plant meters and purchased water
				meters.
NPDES
. National Pollutant Discharge
				Elimination System.
Person
. Any agency, the federal
				government, the Commonwealth (or political subdivision thereof), any state,
				public or private corporation or authority, individual, trust firm, joint stock
				company, partnership, association, or other entity, and any officer, employee
				or agent of said person, and any group of said persons.
Present Rate of Interbasin Transfer
.
				The Hydraulic Capacity of a Transfer Facility or Transfer System which was
				authorized, constructed or useable without additional installation of
				facilities or changes in any authority or operating rule prior to March 8,1984.
				The present rate shall also include:
(a) the Hydraulic Capacity of Transfer Systems which, although
				not fully constructed and/or useable, had achieved MEPA Compliance and final
				design approval by the Department of Environmental Protection under the
				provisions of M.G.L. c. Ill, as of March 8, 1984;
(b) the Hydraulic Capacity of a transfer system found to be
				Insignificant or approved by the Commission through the process outlined in 313
				CMR 4.08, and 4.10, after March 8,1984; and
(c) a legally binding contract that limits the use of the full
				Hydraulic Capacity of the system.
If withdrawal constraints contained in any provision of the
				Massachusetts General Laws, Special Acts, Judicial Decree, regulatory agency
				rule, contract or operating rule of a water supplier prevented the use of the
				Hydraulic Capacity as of March 8,1984, the lesser amount shall be deemed the
				Present Rate of Interbasin Transfer. In calculating the Present Rate of
				Interbasin Transfer for a wastewater conveyance system, said rate includes that
				amount of wastewater generated from a water supply source within the River
				Basin from which the wastewater will be transferred.
Rate Structure
. The pricing system by
				which water and sewer services are charged to the user.
Receiving Area
. The location where
				compliance is evaluated under M.G.L. c. 21, §
								§ 8B through 8D by 313
				CMR 4.09(3)(b) Criterion (2) related to Viable Sources, 4.09(3)(c) Criterion
				(3) related to water conservation measures, and 4.09(3)(d) Criterion (4)
				related to a comprehensive forestry management program. For transfers of water
				supply,
Receiving Area
means the area into which the
				water is transferred for use, and is thereby receiving the water supply
				service. For transfers of wastewater,
Receiving Area
means the area whose wastewater is collected for discharge out of basin, and is
				thereby receiving the wastewater service.
Regional Water Supply System
. For the
				purposes of
				313 CMR
				4.00, means a water supply system that serves or
				proposes to serve two or more municipalities of public water systems outside
				the Donor Basin.
River Basin
. A geographic area within
				the Commonwealth determined by a body of water and its surrounding drainage
				area as described in
				313 CMR
				4.03 and as shown in the River Basin Map at
				313 CMR 4.13. For purposes of hydrologic calculations, contributing upstream
				drainage areas, including those outside the Commonwealth, may be considered.
				The Commission, upon request or by its own action, shall make a written
				determination of the precise location of the boundary line of the River Basins
				described in
				313 CMR
				4.00. In making this determination, the Commission
				shall consult the report
Hydrologic Characteristics of Massachusetts
				Streams
published as a cooperative project by the U.S. Geological
				Survey and the Massachusetts Water Resources Commission, and other such reports
				or studies as may be pertinent.
River Basin Map
. The map or maps of
				the Commonwealth showing the boundaries of the River Basins.
Transfer Facilities or Transfer
				Systems
. Those structures including pumps, pipelines, tunnels,
				valves, and other conveyance facilities, that facilitate the movement of water
				or wastewater from one basin to another and across a town line. A Transfer
				Facility or System can also include a source of water supply which is
				ultimately transferred out of basin as wastewater.
Viable Source
. A water source or
				wastewater service alternative that meets the current regulatory requirements
				of the permitting authorities, and is environmentally sound, technologically
				feasible and cost-effective.
For wastewater transfers, including those triggered by the
				development of local water supplies that are transferred out of basin as
				wastewater,
Viable Source
includes alternatives which
				can treat, reuse, and/or discharge wastewater within the basin of origin, and
				can meet the requirements for approval by the Department of Environmental
				Protection or other regulatory agency.
For water supply transfers,
Viable
				Source
means a source which can provide drinking water that meets
				the current water quality standards and water management requirements
				promulgated by the Department of Environmental Protection or other regulatory
				agency, and which can be used while preserving reasonable instream flow using
				the same criteria provided to evaluate impacts on the Donor Basin listed in 313
				CMR 4.09(3)(e).