313 CMR, § 4.05

Current through Register 1536, December 6, 2024

Section 4.05 - Exemptions

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.

313 CMR, § 4.05

Amended by Mass Register Issue 1361, eff. 3/23/2018.