Code of Massachusetts Regulations
313 CMR - DIVISION OF WATER SUPPLY PROTECTION
Title 313 CMR 4.00 - Interbasin Transfer
Section 4.12 - Miscellaneous Provisions

Universal Citation: 313 MA Code of Regs 313.4

Current through Register 1531, September 27, 2024

(1) Interbasin Transfer Data. The Commission may require any Person transferring water or wastewater out of a Donor Basin to provide information concerning the time and amount of said water transferred on a periodic basis which the Commission deems necessary to achieve the purposes of 313 CMR 4.00.

(2) Jurisdiction. 313 CMR 4.00 shall have force and effect within the political boundaries of the Commonwealth of Massachusetts.

(3) Severability. If any provision of 313 CMR 4.00 or the application thereof is held to be invalid by a court of competent jurisdiction, such invalidity shall not affect other provisions or the application of any part of 313 CMR 4.00 not specifically held invalid, and to this end the provisions of 313 CMR 4.00 are declared to be severable.

(4) Waiver. The Commission may waive in writing any provision or requirement in 313 CMR 4.00 not specifically required by state or federal law when in its judgment of strict compliance with such a provision or requirement would result in an undue hardship and would not serve to minimize or avoid damage to the environment and in the case of public notice requirements would not be necessary to provide a substantially similar audience of adequate notice. Hardship stemming from a delay in compliance with the law or regulations by the Person requesting the waiver will normally not be a sufficient reason for granting such a waiver.

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