Section 4.04 - Projects Subject to 313 CMR 4.00Projects 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.Amended by Mass Register Issue 1361, eff. 3/23/2018.