(1) Each permit shall provide at least the
following:
(a) the term of the
permit;
(b) the maximum allowable
withdrawal volume expressed in terms of average daily withdrawal per year or
per a shorter period of time, as applicable;
(c) the maximum allowable withdrawal volume
expressed in terms of maximum daily withdrawal from each withdrawal
point;
(d) the identification and
any limitation of the use of the water withdrawn; and
(e) the maximum allowable peak
withdrawal.
(2) No
permit shall authorize a withdrawal beyond the expiration date for a water
source, and in no case shall a permit have a term greater than 20
years.
(3) All permits shall be
conditioned on at least the following:
(a)
installation of flow meter(s) unless the Department determines that this
condition is not applicable;
(b)
accurate monthly recording and reporting of all future withdrawals unless the
Department determines in writing that more frequent monitoring is
required;
(c) operation and
maintenance requirements;
(d)
permission to the Department to enter the permit holder's facility or property
at reasonable times to inspect and monitor the withdrawal and to inspect and
copy any relevant records;
(e)
implementation of water conservation measures appropriate to the permitted
water use;
(f) implementation of
coldwater fish resource, minimization, and mitigation plans as
applicable;
(g) implementation of
conditions that minimize any negative impacts of the withdrawal on factors the
Department must consider in reviewing applications, as listed in
310 CMR
36.26;
(h) submission of an annual statement of withdrawal in
accordance with
310 CMR
36.31;
(i) any other conditions necessary to further
the purposes of M.G.L. c. 21G or to assure compliance with
310 CMR 36.00;
(j) documentation of the need for any change
in withdrawal volume, or documentation of achievement of specified milestones
relating to future increased withdrawals over the life of the permit;
and
(k) authorization for the
Department to amend, suspend or terminate the permit as described in M.G.L. c.
21G and
310 CMR
36.29.
(4) All public water supply permits shall
include at least the following conditions, as applicable:
(a) groundwater supply protection through
delineation of the Zone II or Zone III as applicable, as defined in
310 CMR
22.21: Groundwater Supply Protection, for the
public groundwater supply source(s) included in the permit within three years
of the date of permit issuance, and the implementation, where appropriate, of
land use control measures, consistent with those found in
310 CMR
22.21: Groundwater Supply Protection,
intended to protect the quality and quantity of the water supply;
(b) surface water supply protection through a
firm yield analysis for the public surface supply source(s) included in the
permit within three years of the date of permit issuance, and the
implementation, where appropriate, of a surface water supply protection plan,
consistent with that found in
310 CMR
22.20B: Surface Water Supply Protection and
310
CMR 22.20C: Surface Water Supply Protection
for New and Expanding Class A Surface Water Sources as applicable, intended to
protect the quality and quantity of the water supply;
(c) excepting permits for a redundant
well(s), water conservation requirements based on water conservation standards
established by the Commission, including but not limited to:
1.water audits and leak detection, metering,
pricing, residential and public sector conservation, industrial/commercial
conservation, lawn/landscape conservation, and education/outreach;
2.performance standard for residential
gallons per capita day water use as dictated by specific facts concerning
population served;
3.performance
standard for unaccounted for water; and
4.seasonal limits on nonessential outdoor
water use from May 1st to September
30th.
(5) The Department may impose additional
requirements to address the cumulative impacts of tier 2 and tier 3 withdrawals
in a water source.
(6) The holder
of a permit shall comply at all times with all conditions of the permit and
with all applicable federal and state statutes and regulations.
(7) The burden shall be on each permit holder
to demonstrate compliance with all the provisions and conditions of the permit
at all times.