Code of Massachusetts Regulations
313 CMR - DIVISION OF WATER SUPPLY PROTECTION
Title 313 CMR 4.00 - Interbasin Transfer
Section 4.11 - Hearing and Decision Procedures

(1) Public Hearings. Before a Decision from the Commission to approve or deny a proposed action to increase the Present Rate of Interbasin Transfer of water or wastewater is made, the Commission shall hold two public hearings. The public hearings shall take place after compliance with MEPA and M.G.L. c. 30A. One hearing must be held in the Donor Basin community where the immediate source of the Interbasin Transfer is located and one hearing must be held in the Receiving Area community. Additional public hearings may be required by the Commission prior to its Decision on an application to increase the Present Rate of Interbasin Transfer.

(2) Hearing Notice. Public notice of the hearing shall be published in the Environmental Monitor by the Commission not less than 21 days before such hearing. Notice shall be published in electronic media that is generally available in both the Donor and Receiving Areas. Such notice shall be provided to the appropriate Boards of Selectmen, Mayors, Conservation Commissions, Planning Boards, Water and Sewer Departments, Boards of Health, Commissions or Districts of the directly affected communities, regional planning agencies, water or wastewater citizen advisory committees and watershed associations. This notice will also be provided to the water and sewer departments of other communities in the donor and receiving basins. Such notice shall include a citation of the authority under which the proposed Interbasin Transfer is being reviewed, a summary of the facts concerning the proposed Interbasin Transfer, the time and place of the hearing, the manner by which the public may make their views known.

(3) Filing Commission Decision. Within 30 days of the final Decision by the Commission, it shall file a written report of the findings and justifications of its Decision to approve or deny the proposed action to increase the Present Rate of Interbasin Transfer of water or wastewater with the clerks of the House of Representatives and the Senate, and with the Secretary of State for publication in the Massachusetts Register. This report shall also be sent to the Person proposing an action to increase the Present Rate of Interbasin Transfer and the affected Donor Basin and Receiving Area communities. A notice of the availability of the Decision shall also be posted in the Environmental Monitor. The notice of availability will have a link to the website where the Decision is posted.

(4) M.G.L. c. 30A. All proceedings under 313 CMR 4.00 shall be subject to the provisions of M.G.L. c. 30A.