(1) All
permit applications shall include, at a minimum:
(a) the reason(s) for the withdrawal, and the
proposed water use (e.g., residential, industrial, agricultural), including a
detailed projection of the applicant's water needs during the proposed permit
term;
(b) identification of the
water source in which the withdrawal is located;
(c) the specific location of each of the
applicant's withdrawal point(s) within the water source;
(d) for new withdrawal points, any required
pumping test results and analysis;
(e) the volume, frequency and rate of water
to be withdrawn from each withdrawal point, the anticipated times of year of
the withdrawals, and any projected changes in volume, frequency, rate or time
of year over the proposed term of the permit;
(f) the maximum daily rate at which water can
be withdrawn from each withdrawal point;
(g) the length of time for which the permit
is sought, which may not extend beyond the next expiration date for the water
source from which the water will be withdrawn;
(h) the amount and location of any water
discharged by the applicant, and any permit number(s) issued for such discharge
by the Department or the U.S. Environmental Protection Agency; and
(i) the applicable fee as specified in
310 CMR 4.00: Timely Action
Schedule and Fee Provisions.
(2) All permit applications shall also
include:
(a) a copy of any Environmental
Notification Form filed, if applicable;
(b) a detailed evaluation of the potential
effect of the withdrawal on:
1.public drinking
water supplies;
5.groundwater
recharge areas;
8.water-based recreation;
9.wetland resource areas;
13.other withdrawal points;
(c) a detailed water conservation
program and implementation timetable based on water conservation standards
established by the Commission, or where the Commission has not established such
standards, other industry-specific best management practices appropriate to the
permitted water use.
(3)
Groundwater Withdrawals. All permit applications for
groundwater withdrawals shall also include the following information required
according to the applicable permit tier as specified in 310 CMR 36.21(3)(a)
through (c):
(a)
Permit Tiers 1, 2
and 3.
1.If a withdrawal point is
located in a subbasin where a coldwater fish resource is located, the applicant
shall consult with the Department and EOEEA agencies on ways to minimize
impacts of the withdrawal on the coldwater fish resource by optimizing the
pumping regime of the applicant's withdrawal points and shall submit an
implementation plan as described in
310
CMR 36.22(4).
2.All groundwater applicants with withdrawal
point(s) in a subbasin(s) having August net groundwater depletion of 25% or
greater shall submit a minimization plan as described in
310
CMR 36.22(5).
(b)
Permit Tiers 2 and
3. In addition to the requirements of 310 CMR 36.21(3)(a), the
applicant shall:
1.determine the withdrawal
volume above baseline that must be offset through mitigation taking into
account adjustments for water conservation, groundwater discharge and certain
NPDES surcharges, on forms prescribed by the Department;
2.in consultation with the Department and
EOEEA agencies,
a.identify measures
commensurate with impacts of the volume to be offset that the applicant will
evaluate in its mitigation plan; and
b.if a withdrawal point is located in a
subbasin where a coldwater fish resource is located, identify measures that
will offset impacts to coldwater fish resources that the applicant will
evaluate in its mitigation plan; and
3.submit a mitigation plan as described in
310
CMR 36.22(6).
(c)
Permit Tier
3. In addition to the requirements in 310 CMR 36.21(3)(a) and (b),
the applicant shall demonstrate that there is no feasible alternative source
that is less environmentally harmful as described in
310
CMR 36.22(7).
(4)
Surface Water
Withdrawals. All permit applications for surface water withdrawals
shall also include the following information required according to their permit
tier as specified in 310 CMR 36.21(4)(a) and (b):
(a)
Permit Tier 1 and
2.
1.If a withdrawal point is
located in a subbasin where a coldwater fish resource is located, the applicant
shall consult with the Department and EOEEA agencies on ways to minimize
impacts of the withdrawal on the coldwater fish resource by optimizing use of
the applicant's source(s) and shall submit an implementation plan as described
in
310
CMR 36.22(4) and
(8).
2.An applicant proposing an alternative to
the Department's seasonal limits on nonessential outdoor water use described at
310 CMR
36.28(4)(c)4. shall provide,
for the Department's review and written approval, a summer management plan that
includes proposed nonessential outdoor water use restrictions and corresponding
environmental triggers or offsets that can include, but are not limited to:
c.fisheries management plan
implementation;
(b)
Permit Tier 2. In addition to requirements of 310 CMR
36.21(4)(a), the applicant shall:
1.determine
the withdrawal volume above baseline that must be offset through mitigation
taking into account adjustments for water conservation, groundwater discharge
and certain NPDES surcharges, on forms prescribed by the Department;
2.in consultation with the Department and
EOEEA agencies,
a.identify measures
commensurate with impacts of the volume to be offset that the applicant will
evaluate in its mitigation plan; and
b.if a withdrawal point is located in a
subbasin where a coldwater fish resource is located, identify measures that
will offset impacts to coldwater fish resources that the applicant will
evaluate in its mitigation plan; and
3.submit a mitigation plan as described in
310
CMR 36.22(6).
(5) The Department may
specify additional or alternative requirements to address impacts of
withdrawals in groundwater-driven water sources (the southern portion of South
Coastal, Cape Cod, Islands, and portions of Buzzards Bay).
(6) New permit applications shall also
include identification of alternatives, if any, to the proposed withdrawal
including a study of cost, feasibility and environmental effects of such
alternatives.
(7) Permit renewal
applications shall also include:
(a) any
proposed changes to the expiring permit's provisions or conditions, with the
reason for such proposed changes; and
(b) a demonstration that permit conditions
have been met.
(8)
Applicants may include, or the Department may require, the following additional
information:
(a) any water resource protection
measures affecting the withdrawal that have been implemented or that are
planned by the applicant or by any other person;
(b) any agreements with an owner of property
conveying an easement by deed which restricts the right of the owner of the
property to make a withdrawal from the same water source from which the
applicant proposes to withdraw;
(c)
the impact of the withdrawal on economic development and the creation of jobs
in the Commonwealth;
(d) the impact
of the proposed withdrawal on other water uses, land values, investments and
enterprises that are dependent on previously allowable withdrawals in the water
source;
(e) identification of the
area of contribution for any groundwater withdrawal point;
(f) any other information requested by the
Department related to the withdrawal, its use, source protection, minimization
and mitigation of the effects of the withdrawal, discharge, impacts, or
information related to the factors the Department must consider in reviewing
applications, as listed in
310 CMR
36.26.