Section 4.07 - Determination of Applicability(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.(2)Information Required to Act upon a Request for Determination of Applicability. The Person proposing an action to increase the Present Rate of Interbasin Transfer shall include in the request: (a) A description of the proposed project;(b) The River Basin of origin of the water supply;(c) The River Basin into which the water or wastewater will be transferred;(d) The River Basin of discharge for the wastewater; and(e) The municipality(ies), water districts or sewer districts involved in the project.(3)Criteria for Determination of Applicability. The Commission shall find that the following criteria have been satisfied, in determining that the transfer of water or wastewater constitutes an increase in the Present Rate of Interbasin Transfer: (a) The project causes a transfer across both a municipal boundary and a basin boundary;(b) The project involves an action listed in 313 CMR 4.04 or otherwise increases the ability to transfer water or wastewater; and(c) The project is not subject to the exemptions listed in 313 CMR 4.05.Amended by Mass Register Issue 1361, eff. 3/23/2018.