reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 313 CMR - DIVISION OF WATER SUPPLY PROTECTION › Title 313 CMR 4.00 - Interbasin Transfer › Section 4.01 - General Provisions

Current through Register 1525, July 5, 2024
(1)
Purpose
.
			 313 CMR
			 4.00 delineates the river basins of the Commonwealth
			 and establishes the procedures and criteria upon which the Water Resources
			 Commission shall determine the applicability, Insignificance, approval or
			 denial of any proposed action to increase the Present Rate of Interbasin
			 Transfer of water or wastewater. Subject to statutory exemptions, M.G.L. c. 21,
			 §§ 8B through 8D requires that the Commission base its review of the
			 proposed action to increase the Present Rate of Interbasin Transfer of water or
			 wastewater on: a thorough assessment of the environmental effects of the
			 proposed Interbasin Transfer; whether the Person requesting the transfer has
			 made all reasonable efforts to identify and develop all Viable Sources in the
			 Receiving Area; and whether there is an effective water conservation and
			 management program in place in the Receiving Area.
			 313 CMR
			 4.00 applies to any Person who:
(a) proposes an action to cause an increase
			 in the Present Rate of Interbasin Transfer of the surface or groundwater of a
			 River Basin; or
(b) proposes to
			 make any capital improvement which could reasonably be expected to increase the
			 capacity to transfer water out of a Donor Basin.
Code of Massachusetts Regulations › 313 CMR - DIVISION OF WATER SUPPLY PROTECTION › Title 313 CMR 4.00 - Interbasin Transfer › Section 4.04 - Projects Subject to 313 CMR 4.00

Current through Register 1525, July 5, 2024
Projects with water or wastewater needs that result in an
				increase in the Present Rate of Interbasin Transfer are subject to M.G.L. c.
				21, §§ 8B through 8D. An increase in the Present Rate of Interbasin
				Transfer shall mean any change that increases the ability to transfer water out
				of the Donor Basin, including but not limited to the following actions:
(1) Drilling of production wells in the Donor
			 Basin from which the water is transferred out of basin either as water supply
			 or wastewater;
(2) Construction or
			 enlargement of reservoirs or storage facilities to store water transferred or
			 to be transferred from a Donor Basin if such construction causes an increase in
			 the ability to transfer water from the Donor Basin;
(3) Construction of, or increase in the
			 Hydraulic Capacity of Transfer Facilities or a Transfer System which causes an
			 increase in the ability to transfer water or wastewater from the Donor
			 Basin;
(4) Construction of, or
			 increase in capacity of water or wastewater treatment plants where such plants
			 increase the ability to transfer water out-of-basin for use;
(5) Changes in any constraints on Interbasin
			 Transfer in any provision of the Massachusetts General Laws, Special Acts,
			 Judicial Decree, regulatory agency rule, or contract or operating rule of a
			 water supplier or wastewater service provider;
(6) Any other structural change in a water or
			 wastewater system that causes an increase in the ability to transfer out of a
			 Donor Basin.
Code of Massachusetts Regulations › 313 CMR - DIVISION OF WATER SUPPLY PROTECTION › Title 313 CMR 4.00 - Interbasin Transfer › Section 4.05 - Exemptions

Current through Register 1525, July 5, 2024
The following activities are not considered an increase in the
				Present Rate of Interbasin Transfer:
(1) Extending water or wastewater services
			 within a city or town and between two or more River Basins, as long as the
			 transfer does not cross the municipal boundary;
(2) Replacing pumps or pipes of equivalent or
			 smaller conveyance capacity;
(3)
			 Restoring reservoirs to original storage capacity;
(4) Renovating existing wells and testing of
			 new well sites;
(5) Constructing
			 Transfer Facilities in the Donor Basin if the sole purpose is to provide
			 redundancy, provided that any increase in capacity cannot be used to increase
			 the ability to transfer water out of the Donor Basin and provided further that
			 streamflow in the Donor Basin is not adversely affected;
(6) Replacing existing wastewater Transfer
			 Facilities if they do not exceed the operational capacity as determined by the
			 Department of Environmental Protection prior to March 8,1984 or approved or
			 found to be Insignificant by the Commission in accordance with M.G.L. c. 21,
			 §§ 8B through 8D and
			 313 CMR
			 4.00;
(7)
			 Installing and using water supply and wastewater facilities, which although not
			 fully constructed and/or useable, had achieved MEPA Compliance and approval by
			 the Department of Environmental Protection prior to March 8, 1984;
(8) Expansion within an existing water supply
			 or wastewater system that does not cause an increase in the Present Rate of
			 Interbasin Transfer, and does not involve the addition of a Receiving Area that
			 was not included in the original design and approval;
(9) Transfer of wastewater that was
			 previously authorized to be transferred as water or wastewater from one River
			 Basin to a second River Basin, and is now being proposed for transfer into a
			 third River Basin; and
(10) Using
			 an Emergency Connection provided that the period of occurrence does not exceed
			 six months of any calendar year and the water supplier fulfills the criteria of
			 the Department of Environmental Protection.
Code of Massachusetts Regulations › 313 CMR - DIVISION OF WATER SUPPLY PROTECTION › Title 313 CMR 4.00 - Interbasin Transfer › Section 4.06 - General Procedures

Current through Register 1525, July 5, 2024
Any Person proposing an action to increase the Present Rate of
				Interbasin Transfer is encouraged to discuss its plans with the Commission
				staff at the earliest possible point in project planning. While such staff
				review can be concurrent with MEPA review, the proposal must have achieved MEPA
				Compliance before public hearings are held under M.G.L. c. 21, §
								§ 8B
				through 8D or the Commission takes any action on the proposal.
(1) The type and depth of information
			 submitted for Commission review of a proposed action to increase the Present
			 Rate of Interbasin Transfer shall be at a level sufficient to allow for the
			 Commission to fully exercise its responsibility under the provisions of M.G.L.
			 c. 21, §§ 8B through 8D. To the extent possible, the Person proposing
			 an action to increase the Present Rate of Interbasin Transfer should utilize
			 existing data and the best available science including, as appropriate,
			 analyses and methodologies currently used in other regulatory
			 jurisdictions;
(2) If a MEPA
			 environmental review is required under
			 301 CMR
			 11.00:
MEPA Regulations,
the data
			 required to be submitted for Commission review under the provisions of
			 313 CMR
			 4.00 should be prepared to the extent possible as a
			 component of the environmental review report. In such cases, joint scoping
			 sessions with the MEPA Office and Commission staff should be held;
			 and
(3) A Person proposing an
			 action to increase the Present Rate of Interbasin Transfer may request a
			 determination that the proposal would cause an Insignificant increase as
			 provided in 313 CMR 4.08, or may apply directly for approval by the Commission
			 pursuant to 313 CMR 4.09 and 4.10.
Code of Massachusetts Regulations › 313 CMR - DIVISION OF WATER SUPPLY PROTECTION › Title 313 CMR 4.00 - Interbasin Transfer › Section 4.07 - Determination of Applicability

Current through Register 1525, July 5, 2024
(1)
Procedures for a Request for Determination of
			 Applicability
.
(a) Whenever a
			 Person is proposing an action that has a reasonable likelihood to increase the
			 Present Rate of Interbasin Transfer, the Commission may, at the request of the
			 Person proposing an action to increase the Present Rate of Interbasin Transfer
			 or at its own initiative, request information concerning said action and
			 determine whether the action is subject to M.G.L. c. 21, §§ 8B
			 through 8D. The Commission may require the Person proposing an action to
			 increase the Present Rate of Interbasin Transfer to submit a request for a
			 determination of applicability in accordance with 313 CMR 4.07. The Commission
			 may base its determination on the information available to it from all sources
			 and Persons, including other federal, state and local agencies, information
			 arising out of a MEPA filing or review, or on information from the public. If
			 the Commission determines that an action is not subject to M.G.L. c. 21,
			 §§ 8B through 8D, as defined in 313 CMR 4.07, the action will not
			 require further review under
			 313 CMR
			 4.00.
(b)
			 When requesting a Determination of Applicability, the Person proposing an
			 action to increase the Present Rate of Interbasin Transfer shall submit the
			 request to the Executive Director, Water Resources Commission, Executive Office
			 of Energy and Environmental Affairs, 100 Cambridge Street, Suite 900, Boston MA
			 02114 and to the Department of Conservation and Recreation, Office of Water
			 Resources, 251 Causeway Street, Boston, MA 02114.
(c) The Commission shall publish a notice of
			 the request for a determination of applicability in the
Environmental
			 Monitor
within 31 days of the receipt of such request and send a copy
			 of the notice to the municipalities directly affected. The notice shall contain
			 the date of the Commission meeting or meetings when such request will be
			 considered. Within 90 days of the receipt of the request, or upon receipt of
			 all requested additional information, whichever is later, the Commission shall
			 render a Decision and reasons therefore, and publish said Decision in the
Environmental Monitor.
Code of Massachusetts Regulations › 313 CMR - DIVISION OF WATER SUPPLY PROTECTION › Title 313 CMR 4.00 - Interbasin Transfer › Section 4.08 - Determination of Insignificance

Current through Register 1525, July 5, 2024
(1)
Procedures for a Request for Determination of
			 Insignificance
.
(a) A request for
			 determination of Insignificance of a proposed action to increase the Present
			 Rate of Interbasin Transfer can be made either by the Person proposing an
			 action to increase the Present Rate of Interbasin Transfer or at the
			 Commission's own initiative;
(b)
			 When requesting a determination of Insignificance, the Person proposing an
			 action to increase the Present Rate of Interbasin Transfer shall submit the
			 request to the Executive Director, Water Resources Commission, Executive Office
			 of Energy and Environmental Affairs, 100 Cambridge Street, Suite 900, Boston MA
			 02114 and to Water Resources Commission Staff, Department of Conservation and
			 Recreation, Office of Water Resources, 251 Causeway Street, Boston, MA 02114;
			 and
(c) The Commission shall
			 publish a notice of the request for a determination of Insignificance in the
Environmental Monitor
within 31 days of the receipt of such
			 request and send a copy of the notice to the municipalities directly affected.
			 The notice shall contain the date of the Commission meeting or meetings when
			 such request will be considered. Within 90 days of the receipt of the request,
			 or upon receipt of all requested additional information, whichever is later, a
			 determination shall be made by a Decision of the Commission. The determination
			 and reasons therefore shall be published in the
Environmental
			 Monitor.
Code of Massachusetts Regulations › 313 CMR - DIVISION OF WATER SUPPLY PROTECTION › Title 313 CMR 4.00 - Interbasin Transfer › Section 4.11 - Hearing and Decision Procedures

Current through Register 1525, July 5, 2024
(1)
Public Hearings
. Before a Decision from the Commission
			 to approve or deny a proposed action to increase the Present Rate of Interbasin
			 Transfer of water or wastewater is made, the Commission shall hold two public
			 hearings. The public hearings shall take place after compliance with MEPA and
			 M.G.L. c. 30A. One hearing must be held in the Donor Basin community where the
			 immediate source of the Interbasin Transfer is located and one hearing must be
			 held in the Receiving Area community. Additional public hearings may be
			 required by the Commission prior to its Decision on an application to increase
			 the Present Rate of Interbasin Transfer.
(2)
Hearing Notice
.
			 Public notice of the hearing shall be published in the Environmental Monitor by
			 the Commission not less than 21 days before such hearing. Notice shall be
			 published in electronic media that is generally available in both the Donor and
			 Receiving Areas. Such notice shall be provided to the appropriate Boards of
			 Selectmen, Mayors, Conservation Commissions, Planning Boards, Water and Sewer
			 Departments, Boards of Health, Commissions or Districts of the directly
			 affected communities, regional planning agencies, water or wastewater citizen
			 advisory committees and watershed associations. This notice will also be
			 provided to the water and sewer departments of other communities in the donor
			 and receiving basins. Such notice shall include a citation of the authority
			 under which the proposed Interbasin Transfer is being reviewed, a summary of
			 the facts concerning the proposed Interbasin Transfer, the time and place of
			 the hearing, the manner by which the public may make their views
			 known.
(3)
Filing
			 Commission Decision
. Within 30 days of the final Decision by the
			 Commission, it shall file a written report of the findings and justifications
			 of its Decision to approve or deny the proposed action to increase the Present
			 Rate of Interbasin Transfer of water or wastewater with the clerks of the House
			 of Representatives and the Senate, and with the Secretary of State for
			 publication in the Massachusetts Register. This report shall also be sent to
			 the Person proposing an action to increase the Present Rate of Interbasin
			 Transfer and the affected Donor Basin and Receiving Area communities. A notice
			 of the availability of the Decision shall also be posted in the
Environmental Monitor.
The notice of availability will have a
			 link to the website where the Decision is posted.
(4)
M.G.L. c. 30A
.
			 All proceedings under
			 313 CMR
			 4.00 shall be subject to the provisions of M.G.L. c.
			 30A.
Code of Massachusetts Regulations › 313 CMR - DIVISION OF WATER SUPPLY PROTECTION › Title 313 CMR 4.00 - Interbasin Transfer › Section 4.12 - Miscellaneous Provisions

Current through Register 1525, July 5, 2024
(1)
Interbasin Transfer Data
. The Commission may require
			 any Person transferring water or wastewater out of a Donor Basin to provide
			 information concerning the time and amount of said water transferred on a
			 periodic basis which the Commission deems necessary to achieve the purposes of
			 313 CMR
			 4.00.
(2)
Jurisdiction
.
			 313 CMR
			 4.00 shall have force and effect within the political
			 boundaries of the Commonwealth of Massachusetts.
(3)
Severability
. If
			 any provision of
			 313 CMR
			 4.00 or the application thereof is held to be invalid
			 by a court of competent jurisdiction, such invalidity shall not affect other
			 provisions or the application of any part of
			 313 CMR
			 4.00 not specifically held invalid, and to this end
			 the provisions of
			 313 CMR
			 4.00 are declared to be severable.
(4)
Waiver
. The
			 Commission may waive in writing any provision or requirement in
			 313 CMR
			 4.00 not specifically required by state or federal law
			 when in its judgment of strict compliance with such a provision or requirement
			 would result in an undue hardship and would not serve to minimize or avoid
			 damage to the environment and in the case of public notice requirements would
			 not be necessary to provide a substantially similar audience of adequate
			 notice. Hardship stemming from a delay in compliance with the law or
			 regulations by the Person requesting the waiver will normally not be a
			 sufficient reason for granting such a waiver.
Code of Massachusetts Regulations › 313 CMR - DIVISION OF WATER SUPPLY PROTECTION › Title 313 CMR 11.00 - Watershed Protection › Section 11.02 - General Provisions

Current through Register 1525, July 5, 2024
(1)
Time
			 Periods
. Unless otherwise specifically provided in St. 1992, c. 36
			 or 313 CMR
			 11.00, computation of any time period referred to in
			 313 CMR
			 11.00 shall begin with the first day following the
			 action which initiates the running of the time period. The last day of the time
			 period so computed is to be included unless it is a Saturday, Sunday or legal
			 holiday or any other day on which the office of the Division is closed, in
			 which event the period shall run until the end of the next following business
			 day. When the time period is less than seven days, intervening days when the
			 Division is closed shall be excluded from the computation.
(2)
Timely Filing
.
			 All Papers must be filed at the Division office or such other place as the
			 Division shall specify in
			 313 CMR
			 11.00 within the time limits set forth in
			 313 CMR
			 11.00.
Unless otherwise specifically provided in St. 1992, c. 36 or
				313 CMR
				11.00, Papers filed in the following manner shall be
				deemed to be filed as set forth in
				313 CMR
				11.00:
(a)
Hand Delivery During Business Hours
. Papers filed by
			 hand delivery during business hours shall be deemed filed on the day
			 delivered.
(b)
Hand
			 Delivery During Non-business Hours
. Papers filed by hand delivery
			 at times other than during regular business hours shall be deemed filed on the
			 next regular business day.
(c)
Mailing
. Papers filed by placing in the United States
			 Mail certified or registered mail, return receipt requested shall be deemed
			 filed on the date received by the Division.
All Papers shall show the date received by the Division and the
				Division shall cooperate in giving date receipts to Persons filing Papers by
				hand delivery.
Code of Massachusetts Regulations › 313 CMR - DIVISION OF WATER SUPPLY PROTECTION › Title 313 CMR 11.00 - Watershed Protection › Section 11.04 - Jurisdiction

Current through Register 1525, July 5, 2024
(1)
Areas Regulated
.
			 Areas regulated by St. 1992, c. 36 and 313 CMR 11.00 include those portions of
			 the Watersheds which lie:
(a) within 400 feet
			 of the Bank of a Reservoir;
(b)
			 within 200 feet of the Bank of a Tributary or Surface Waters;
(c) within the area between 200 and 400 feet
			 of the Bank of a Tributary or Surface Waters;
(d) within the Flood plain of a Tributary or
			 Surface Waters, including that flood plain;
(e) within Bordering Vegetated Wetlands that
			 border on Tributaries or Surface Waters or Reservoirs;
(f) within land that overlays an Aquifer with
			 a potential well yield of 100 gallons per minute or more as determined in
			 accordance with St. 1992, c. 36 and 313 CMR 11.00; or
(g) within land that overlays an Aquifer with
			 a potential well yield of one or more but less than 100 gallons per minute
			 pursuant to a finding by the Division, in consultation with DEP, that
			 regulation of said Aquifer is necessary for the protection of the quality of
			 the water in the Surface Waters, Aquifers, Reservoirs or Tributaries.
Code of Massachusetts Regulations › 313 CMR - DIVISION OF WATER SUPPLY PROTECTION › Title 313 CMR 11.00 - Watershed Protection › Section 11.05 - Exemptions

Current through Register 1525, July 5, 2024
The provisions of 313 CMR 11.04 shall not apply to the
				following:
(1)
Uses,
			 Structures or Facilities in Existence
. Uses, Structures or
			 facilities lawfully in existence or for which all applicable municipal, state
			 and federal permits and approvals, other than building permits and permits for
			 septic systems, were obtained prior to July 1, 1992;
(2)
Reconstruction, Extension or
			 Structural Change
. Any reconstruction, extension or structural
			 change to any Structure lawfully in existence on July 1, 1992, provided that
			 such reconstruction, extension or structural change:
(a) does not constitute a substantial change
			 to or enlargement of that lawfully existing Structure; and
(b) does not degrade the quality of the water
			 in the Watershed.
Code of Massachusetts Regulations › 313 CMR - DIVISION OF WATER SUPPLY PROTECTION › Title 313 CMR 11.00 - Watershed Protection › Section 11.06 - Procedures

Current through Register 1525, July 5, 2024
(1)
Advisory
			 Rulings
.
(a)
Request
			 for Advisory Ruling
. Any person Owning an Interest in Real
			 Property may, by written request to the Division at the address posted on its
			 website by certified mail or hand delivery, request an Advisory Ruling as to:
1. whether such Person's property is located
			 within an area regulated by St. 1992, c. 36 or 313 CMR 11.00; or
2. whether existing or proposed Structures,
			 Uses or Activities on such Person's property are permitted under St. 1992, c.
			 36 or 313 CMR 11.00 by virtue of the exemptions set forth in 313 CMR
			 11.05.
Code of Massachusetts Regulations › 313 CMR - DIVISION OF WATER SUPPLY PROTECTION › Title 313 CMR 11.00 - Watershed Protection › Section 11.07 - Maps

Current through Register 1525, July 5, 2024
(1)
Aquifers
. The
			 location and potential well yield of Aquifers shall be determined by reference
			 to the most recent edition of maps generated by the Massachusetts Geographic
			 Information System based on the United States Geological Survey Water Resource
			 Atlases.
(2)
Flood
			 Plains
. The location of Flood plains shall be made by reference to
			 the most recent edition of the Flood Hazard Boundary Maps issued by the Federal
			 Emergency Management Agency.
(3)
Surface Waters and Tributaries
. The location of
			 Surface Waters and Tributaries shall be determined by reference to the most
			 recent edition of maps generated by the Massachusetts Geographic Information
			 System based on the United States Geological Survey, 1 to 25,000 scale
			 quadrangle maps.
(4)
Adoption of More Accurate Maps
. With respect to any of
			 the maps referred to in 313 CMR 11.07, the Division, in consultation with DEP,
			 may adopt more accurate maps pursuant to notice and a public hearing as
			 provided by M.G.L. c. 30A. The Division shall file any of such maps which are
			 adopted with the Clerk of the House of Representatives and Clerk of the Senate
			 and such maps shall not take effect until 90 days have elapsed from the time of
			 said filing. Copies of maps which have taken effect shall be filed with the
			 Chief Executive Officers of all cities and towns within the Watersheds,
			 provided that the Division's failure to do so shall not invalidate the maps or
			 any actions taken by the Division in connection therewith.
Code of Massachusetts Regulations › 313 CMR - DIVISION OF WATER SUPPLY PROTECTION › Title 313 CMR 11.00 - Watershed Protection › Section 11.08 - Relationship of St. 1992, c. 36 with Other State and Municipal Statutes, Ordinances and Regulations

Current through Register 1525, July 5, 2024
313 CMR 11.00 is intended solely for use in administering St.
				1992, c. 36; nothing contained herein should be construed as preempting or
				precluding more stringent protection of the areas regulated by St. 1992, c. 36
				or by other statutes, ordinances, by-laws or regulations. The duties and
				obligations imposed by St. 1992, c. 36 shall be in addition to all other duties
				and obligations imposed by any general or special law or regulation or any
				by-law, ordinance or regulation lawfully adopted pursuant
				thereto.
Code of Massachusetts Regulations › 313 CMR - DIVISION OF WATER SUPPLY PROTECTION › Title 313 CMR 11.00 - Watershed Protection › Section 11.09 - General Rules and Regulations for the Protection of Watersheds and Watershed System

Current through Register 1525, July 5, 2024
In order to facilitate review of all regulations promulgated by
				DCR relating to Watersheds and the Watershed System, 313 CMR 11.09 includes
				regulations of general applicability to Waters of the Watershed System.
(1)
Waters of the Watershed
			 System
.
(a) No Person shall take
			 or divert any Waters of the Watershed System and no Person shall corrupt,
			 render impure, waste or improperly use any such water.
(b) No Person shall:
1. engage in any construction activity
			 involving filling, dredging, grubbing or altering land without adequate
			 provisions to prevent erosion resulting in clay, silt or other turbidity laden
			 waters from entering the Waters of the Watershed System;
2. construct, establish or maintain any
			 agricultural facility or place where animal manure may be deposited or
			 accumulated without adequate provision to prevent any manure or other Pollutant
			 from flowing or being washed into the Waters of the Watershed System;
3. engage in any other activity which could
			 degrade the quality of Waters of the Watershed System or interfere with their
			 use as a source of water supply.
(c) No Person shall allow a condition to
			 exist on such Person's property which could result in the direct or ultimate
			 discharge of any Pollutant into the Waters of the Watershed System.
(d) Any records of any board of health or
			 health agent concerning matters within the Watershed shall be open to
			 inspection by the employees and agents of DCR and DEP.
(e) Whenever an incident occurs, is likely to
			 occur, or a situation exists that threatens to add Pollutants to the Waters of
			 the Watershed System, the Person causing or contributing to the pollution or
			 potential pollution shall notify DCR and DEP immediately.
Code of Massachusetts Regulations › 313 CMR - DIVISION OF WATER SUPPLY PROTECTION › Title 313 CMR 11.00 - Watershed Protection › Section 11.10 - Enforcement

Current through Register 1525, July 5, 2024
(1) Any Person who, without lawful authority,
			 takes or diverts any Waters of the Watershed System or corrupts or defiles any
			 such Waters or any source of such Waters or who violates and refuses to comply
			 with any rule, regulation or order of DCR shall be subject to the fines set
			 forth in M.G.L. c. 92AG, § 9. The provisions of
			 313 CMR
			 11.00 shall be enforced upon petition of the
			 Commission or of any town or Person interested by the Supreme Judicial Court or
			 Superior Court or any justice of either court as provided in M.G.L. c. 92AG,
			 § 10. In addition, upon written request by the Division, DEP shall have
			 the authority to enforce the provisions of St. 1992, c. 36 and
			 313 CMR
			 11.00 by all legally permitted enforcement mechanisms
			 including, but not limited to: issuing notices of noncompliance; convening
			 pre-enforcement conferences; issuing water supply orders pursuant to M.G.L. c.
			 111, § 160; and imposing administrative penalties pursuant to M.G.L. c.
			 21A, § 16 and
			 310 CMR
			 5.00:
Administrative Penalty
. Such
			 written request by the Division to DEP may seek enforcement for a specified
			 type of violation or area, for a designated group of cases or for an individual
			 matter.
(2) Any person determined
			 by DCR to have acted negligently in requiring a search and rescue response by
			 DCR may be required to make restitution for the cost of those services as
			 determined by the Commissioner.
Code of Massachusetts Regulations › 313 CMR - DIVISION OF WATER SUPPLY PROTECTION › Title 313 CMR 11.00 - Watershed Protection › Section 11.11 - Severability

Current through Register 1525, July 5, 2024
If any provision or any part of
				313 CMR
				11.00 or the application thereof, is held to be
				invalid, such invalidity shall not affect any other provision of
				313 CMR
				11.00.
Code of Massachusetts Regulations › 313 CMR - DIVISION OF WATER SUPPLY PROTECTION › Title 313 CMR 11.00 - Watershed Protection › Section 11.12 - Forms

Current through Register 1525, July 5, 2024
Forms for use under
				313 CMR
				11.00:
(1)
			 Form 1 - Request for Watershed Determination of Applicability
(2) Form 2 - Applicability Decision
(3) Form 3 - Application for
			 Variance
(4) Form 4 - Variance
			 Decision for Recording in Registry of Deeds
(5) Form 5 - Request for Exemption of a
			 Tributary
Forms 1, 3 and 5 and a Guidance Document, which may be of
				assistance in completing the forms, may be obtained from the Division at the
				addresses posted on its website.
Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 2.00 - Permit Procedures › Section 2.01 - Purpose and Authority

Current through Register 1525, July 5, 2024
314 CMR
				2.00 establishes the procedures for processing
				applications for the following permits issued by the Department under M.G.L. c.
				21, § 43:
(1) surface water
			 discharge permits subject to
			 314 CMR 3.00:
Surface
			 Water Discharge Permit Program
;
(2) groundwater discharge permits subject to
			 314 CMR 5.00:
Ground
			 Water Discharge Permit Program
;
(3) sewer extension and connection permits
			 subject to
			 314 CMR 7.00:
Sewer
			 System Extension and Connection Permit Program
; and
(4) reclaimed water permits subject to
			 314 CMR 20.00:
Reclaimed Water Permit Program and Standards
.
314 CMR
				2.00 is established in accordance with the
				requirements of M.G.L. c. 21, § 43, M.G.L. c. 21A, § 16, the Federal
				Clean Water Act, 33 U.S.C. § 1251, and the Solid Waste Disposal Act as
				amended by the Resource Conservation and Recovery Act of 1976 (RCRA), 42 U.S.C.
				§ 6901. Consistency with the permitting procedures established under these
				Federal acts is necessary to enable the Department to assume delegation of
				authority from EPA to administer the National Pollutant Discharge Elimination
				System (NPDES) and RCRA permit programs within the
				Commonwealth.
Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 2.00 - Permit Procedures › Section 2.02 - Definitions

Current through Register 1525, July 5, 2024
When used in
				314 CMR
				2.00, the following words have the following
				meanings:
Adjudicatory Hearing
- a hearing
				conducted as part of an adjudicatory proceeding under M.G.L. c. 30A and
				310
				CMR 1.01:
Adjudicatory Proceeding
				Rules for the Department of Environmental Protection
.
Department
- the Department of
				Environmental Protection.
Determination
- the issuance, denial,
				renewal, modification, other than a minor modification, revision, suspension
				and revocation of a permit listed in
				314 CMR
				2.01 and of general surface water or general
				groundwater discharge permit coverage, except denial of general groundwater
				discharge permit coverage.
EPA
- the United States Environmental
				Protection Agency.
Federal Act
- the Federal Water
				Pollution Control Act, currently known as the Clean Water Act, 33 U.S.C. §
				1251.
Massachusetts Government Holiday
- any
				day, other than a Saturday or Sunday, during which the headquarters office of
				the Department is closed for business.
NPDES
- the National Pollutant
				Discharge Elimination System permit program established pursuant to 33 U.S.C.
				§ 1342.
Person
- any agency or political
				subdivision of the Commonwealth, the Federal government, any public or private
				corporation or authority, individual, partnership or association, or other
				entity, including any officer of a public or private agency or organization,
				upon whom a duty may be imposed by or pursuant to any provisions of M.G.L. c.
				21, §§ 26 through 53.
Prevention of Significant Deterioration or
				PSD
- the national permitting program under
				40 CFR
				52.21 to prevent emissions of certain
				pollutants regulated under the Clean Air Act from significantly deteriorating
				air quality in attainment areas.
RCRA
- the Solid Waste Disposal Act as
				amended by the Resource Conservation and Recovery Act of 1976, 42 U.S.C. §
				6901.
RCRA Facility
- a hazardous waste
				management facility as defined in
				314 CMR
				8.03:
RCRA Facilities Subject to 314
				CMR 8.00
.
Send
- to deliver by United States
				mail, postage prepaid, by electronic medium, including facsimile or electronic
				mail where available, or by hand.
State Act
- the Massachusetts Clean
				Waters Act, M.G.L. c. 21, §§ 26 through 53.
404
- Section 404 of the Federal Act,
				as amended, 33 U.S.C. § 1344.
Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 2.00 - Permit Procedures › Section 2.03 - Application for a Permit or General Permit Coverage

Current through Register 1525, July 5, 2024
(1)
Who Must Apply
.
			 Any person required to obtain an individual permit or general permit coverage
			 under M.G.L. c. 21, § 43 shall apply to the Department for such permit or
			 general permit coverage by completing and submitting the appropriate
			 application form and required information.
(2)
Completeness of
			 Application
. The Department shall not issue an individual permit
			 or general permit coverage before receiving a complete application. Upon
			 receipt of the application, the Department will review it to determine the
			 completeness of the information contained therein. If the Department deems the
			 application incomplete or incorrect, it will not be processed by the Department
			 until the inadequacies identified by the Department have been corrected by the
			 applicant. Where the applicant fails to correct the inadequacies identified by
			 the Department within applicable time frames, or requests that the application
			 be processed as submitted, the Department may proceed to process the
			 application. Insufficiency of the information in the application may result in,
			 and form the basis for, a denial of the permit or general permit coverage. The
			 Department may require the applicant to provide additional information and to
			 attend informal conferences relative to any application. Applications will be
			 processed in accordance with
			 310 CMR 4.00:
Timely
			 Action Schedule and Fee Provisions
and, as applicable,
			 314 CMR 3.00:
Surface
			 Water Discharge Permit Program
, 5.00:
Ground Water Discharge
			 Permit Program
, 7.00:
Sew er S ys t em Ext en sion and C o n n
			 ec t i o n P er mi t Program
and 20.00:
Reclaimed Water Permit
			 Program and Standards
.
Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 2.00 - Permit Procedures › Section 2.04 - Tentative Determination and Preparation of Draft Permits

Current through Register 1525, July 5, 2024
(1) Within a reasonable time following
			 receipt of a complete application for an individual permit, the Department
			 shall tentatively determine to issue or deny the permit. A tentative
			 determination is not required prior to issuance, renewal or denial of general
			 permit coverage.
(2) If the
			 Department tentatively determines to issue an individual or general permit,
			 then the Department shall prepare a draft permit. The draft permit shall
			 contain such terms and conditions the Department deems necessary to ensure that
			 the permitted activities and facilities comply with all applicable requirements
			 of M.G.L. c. 21, §§ 26 through 53 and 33 U.S.C. §
			 1251.
(3) In processing an
			 individual or general permit, the Department may determine to withdraw a draft
			 permit before issuing a final permit. If the Department withdraws a draft
			 permit, the existing permit will remain in effect in accordance with the
			 provisions of
			 314 CMR 3.00:
Surface
			 Water Discharge Permit Program
, 5.00:
Ground Water Discharge
			 Permit Program
, 7.00:
Sewer System Extension and Connection
			 Permit Program
and 20 .00:
Reclaimed Water Permit Program and
			 Standards
. The Department will prepare a statement in connection with
			 a determination to withdraw a draft permit and will provide the statement to
			 the applicant and any other person upon request.
Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 2.00 - Permit Procedures › Section 2.06 - Public Notice and Comment

Current through Register 1525, July 5, 2024
(1)
Public Notice by the Applicant
. The applicant or
			 permittee shall provide public notice of the following permit proceedings to be
			 published at the applicant's or permittee's expense in accordance with the
			 requirements of 314 CMR 2.06(3) through 314 CMR 2.06(5):
(a) The preparation of a draft individual
			 groundwater discharge, sewer discharge or reclaimed water permit and tentative
			 determination to issue the permit;
(b) The filing of a Notice of Intent
			 requesting general groundwater discharge permit coverage or renewal of general
			 groundwater discharge permit coverage;
(c) The renewal of an individual groundwater
			 discharge, sewer discharge or reclaimed water permit;
(d) The modification of an individual
			 groundwater discharge, sewer discharge or reclaimed water permit under
			 314
			 CMR 2.10 when the modification is at the
			 request of the permittee and when public notice is required under
			 314
			 CMR 2.10;
(e) When requested by the applicant or
			 permittee, the scheduling of a public hearing under
			 314 CMR 2.07 on
			 the Department's tentative determination to:
1. issue or renew an individual groundwater
			 discharge, sewer discharge or reclaimed water permit under
			 314 CMR
			 2.04 or
			 314
			 CMR 2.10, respectively; or
2. modify an individual groundwater
			 discharge, sewer discharge or reclaimed water permit under
			 314
			 CMR 2.10 when the modification is requested
			 by the permittee; and
(f) Additional aspects of permit proceedings
			 as the Department deems appropriate.
Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 2.00 - Permit Procedures › Section 2.07 - Public Hearings

Current through Register 1525, July 5, 2024
(1) If the
			 applicant or permittee, other than an applicant for or permittee with general
			 groundwater discharge permit coverage, requests a public hearing, or if the
			 Department determines a public hearing to be in the public interest, then the
			 Department shall schedule and conduct such hearing in a community within the
			 area(s) affected by the facility or discharge which is the subject of the
			 permit. The Department may satisfy its public hearing requirements in
			 connection with surface water discharge permit proceedings through public
			 hearings jointly held with EPA.
(2)
			 When the Department holds a public hearing on a permit with provisions on
			 reclaimed water, the Department also shall conduct a public hearing in each
			 city and town in which reclaimed water would be allowed to be used or
			 discharged under the permit. When the Department holds a public hearing on a
			 permit that contains "Special Effluent Limitations" pursuant to
			 314 CMR
			 5.10(9):
Special
			 Effluent Limitations
, the Department also shall conduct a public
			 hearing in each city and town in which the groundwater would not be required to
			 meet the more stringent of the technology or water quality based effluent
			 limitations as a result of the discharge. Public notice of the public
			 hearing(s) shall be published in accordance with
			 314 CMR
			 2.06 at least 30 days prior to the
			 hearing(s). Such public notice shall contain, in addition to the contents
			 specified in
			 314 CMR
			 2.06(5), reference to the
			 date of previous public notices relating to the permit; the date, time and
			 place of the hearing(s); and a brief description of the nature and purpose of
			 the hearing(s), including any applicable rules and procedures.
(3) For RCRA facilities, the Department shall
			 schedule and conduct a public hearing whenever the Department receives written
			 notice of opposition to a draft permit and a request for a hearing within the
			 public comment period provided in
			 314 CMR
			 2.06(3).
(4) An applicant for or permittee with
			 general groundwater discharge permit coverage may not request a public hearing,
			 but instead may file an application for an individual permit, in connection
			 with which the applicant may request a public hearing.
(5) Where a public hearing is held under 314
			 CMR 2.07, the public comment period under
			 314 CMR
			 2.06 shall be extended to the conclusion of
			 the public hearing or such later date as may be established by the
			 Department.
Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 2.00 - Permit Procedures › Section 2.09 - Response to Comments

Current through Register 1525, July 5, 2024
At the time of issuance of the final permit or general permit
				coverage under
				314
				CMR 2.08, the Department shall issue a
				response to comments, which shall be available to the public. The response to
				comments shall:
(1) Specify which
			 provisions, if any, of the draft permit have been changed in the final and the
			 reasons for the change; and
(2)
			 Briefly describe and respond to all significant comments on the draft permit or
			 application for general permit coverage raised during the public comment period
			 under
			 314 CMR
			 2.06, or during any public hearing held under
			 314 CMR
			 2.07.
Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 2.00 - Permit Procedures › Section 2.11 - Confidentiality of Information

Current through Register 1525, July 5, 2024
(1) In accordance
			 with M.G.L. c. 21, § 27(7) and
			 310 CMR 3.00:
Access
			 To and Confidentiality of Department Records and Files
, any
			 information submitted to the Department pursuant to M.G.L. c. 28, §§
			 26 through 53, may be claimed as confidential by the submitter, except the
			 information described in 314 CMR 2.11(2). Any such claim must be asserted at
			 the time of submission in the manner prescribed in
			 310 CMR 3.00. If no claim is
			 made at the time of submission, the Department may make the information
			 available to the public without further notice. If a claim is asserted, the
			 information will be treated in accordance with the requirements of
			 310 CMR 3.00.
(2) Claims of confidentiality shall be denied
			 for the following information:
(a) the name
			 and address of any permit or general permit coverage applicant or permittee or
			 person with general permit coverage; and
(b) any permit or effluent data and data
			 related thereto, including all information contained in permit applications.
			 This includes any attachments to the application form, but only to the extent
			 the information was required to be part of a complete application.
Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 2.00 - Permit Procedures › Section 2.12 - Applications, Fees and Inspection Information

Current through Register 1525, July 5, 2024
In accordance with M.G.L. c. 21, § 43 and M.G.L. c. 21A,
				§ 18, the Department is authorized to impose and collect permit and
				compliance assurance fees from permit applicants and permittees, including
				applicants for and persons with general permit coverage.
(1)
Applications and
			 Fees
. Any person required to obtain a permit or seeking general
			 permit coverage pursuant to M.G.L. c. 21, § 43 and
			 314 CMR 3.00,
			 5.00,
			 7.00, or
			 20.00 shall submit, together
			 with the application, any application fees established by the Department. Such
			 application fee shall be payable to the Commonwealth of Massachusetts as
			 provided in M.G.L. c. 21A, § 18, and is a condition prerequisite to
			 obtaining a permit or general permit coverage or a renewal. Failure to pay such
			 fee shall be cause for the Department to deny the application or refuse to
			 renew such permit or permit coverage. The Department also has established
			 compliance assurance fees in connection with permits and general permit
			 coverage issued under M.G.L. c. 21, § 43 and
			 314 CMR 3.00:
Surface
			 Water Discharge Permit Program
, 5.00:
Ground Water Discharge
			 Permit Program
, 7.00:
Sewer System Extension and Connection
			 Permit Program
and 20.00:
Reclaimed Water Permit Program and
			 Standards
. Any person with a permit or general permit coverage issued
			 pursuant to M.G.L. c. 21, § 43 and
			 314 CMR 3.00:
Surface
			 Water Discharge Permit Program
, 5.00:
Ground Water Discharge
			 Permit Program
, 7.00:
Sewer S ys t em Ext en sion and C onnec
			 t i o n Permit P rogram
and 20.00:
Reclaimed Water Permit
			 Program and Standards
shall submit the compliance assurance fee
			 established by the Department as provided in M.G.L. c. 21A, §
			 18.
(2)
Annual
			 Inspection Information
.
(a) Any
			 permittee with a surface water or ground water discharge permit, including
			 general permit coverage, or a reclaimed water permit issued pursuant to M.G.L.
			 c. 21, § 43 and
			 314 CMR 3.00:
Surface
			 Water Discharge Permit Program
, 5.00:
Ground Water Discharge
			 Permit Program
, 7.00:
Sewer System Extension and Connection
			 Permit Program
and 20.00:
Reclaimed Water Permit Program and
			 Standards
, respectively, may be required annually to submit inspection
			 information as a condition of the permit or permit coverage. Such persons shall
			 submit to the Department, on a form available from or acceptable to the
			 Department, such information as the Department may specify, which may include,
			 but is not limited to:
1. the nature and
			 amount of pollutants discharged from the treatment works;
2. information which may be needed to
			 determine the nature and amount of pollutants discharged from the treatment
			 works; and
3. any other information
			 pertaining to the operation of the treatment works and the discharge
			 therefrom.
Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 2.00 - Permit Procedures › Section 2.13 - Computation of Time

Current through Register 1525, July 5, 2024
Computation of any time period referred to in
				314 CMR
				2.00 shall begin with the first day following the act
				that triggers the commencement of the time period. If the last day of the time
				period falls on a Saturday, Sunday, or Massachusetts government holiday, then
				the time period shall run until the end of the next Massachusetts government
				business day. When the time period is seven days or fewer, intervening
				Saturdays, Sundays and Massachusetts government holidays shall be excluded from
				the time period.
Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 2.00 - Permit Procedures › Section 2.14 - Violations

Current through Register 1525, July 5, 2024
(1)
Violations
. It
			 shall be a violation of
			 314 CMR
			 2.00 to:
(a) Fail to
			 submit a timely application for an individual permit, or request for coverage
			 under a general permit listed in
			 314 CMR
			 2.01 for an activity that requires a permit
			 pursuant to
			 314 CMR 3.00:
Surface
			 Water Discharge Permit Program
, 5.00:
Ground Water Discharge
			 Permit Program
, 7.00:
Sewer System Extension and Connection
			 Permit Program
and 20.00:
Reclaimed Water Permit Program and
			 Standards
;
(b) Make any
			 false, inaccurate, incomplete or misleading statement in any submission
			 required by
			 314 CMR
			 2.00, or a permit listed in
			 314 CMR
			 2.01;
(c) Make any false, inaccurate, incomplete or
			 misleading statement in any record, report, plan, file, log, register, or other
			 document which the person is required to keep by a permit listed in
			 314 CMR
			 2.01;
(d) Fail to provide any information required
			 by the Department pursuant to
			 314 CMR
			 2.00, or a permit listed in
			 314 CMR
			 2.01.