Current through Register 1531, September 27, 2024
(1) Any Local
Government Unit may apply for a De Minimis Nitrogen Load
Exemption. Within 28 days of filing the application, the applicant shall
publish notice of the suspension of any applicable Title 5 upgrade and New
Construction requirements under
310
CMR 15.215(2) in the
forthcoming Environmental Monitor; on the applicant's official website; in the
town hall where similar notices are published; and in a local or regional
newspaper with the largest readership distribution within the area that may be
affected by the exemption. In municipalities with Environmental Justice
Populations where the preceding method for publishing public notice does not
specifically serve the Environmental Justice Population(s), the applicant must
also provide the preceding notice to at least one additional news organization
that primarily serves the Environmental Justice Population(s) within the area
that may be affected by the designation. The public notice shall be translated
into other languages that are prevalent in areas with persons of limited
English proficiency.
(2)
Contents of an Application. The application shall
contain sufficient information for the Department to evaluate whether it meets
the applicable review criteria. At a minimum, the application shall include:
(a) A complete application form provided by
the Department for such purpose;
(b) Any planning documents, such as a CWMP,
TWMP, or equivalent wastewater planning document applicable to the area for
which the exemption is sought, if available;
(c) Sufficient evidence
(e.g., MEP, TMDL, or other Scientific Evaluation) to show that
the Baseline Nitrogen Load attributed to the applicable watershed or
sub-watershed area, as applicable, is less than or equal to 3% of the
Controllable Attenuated Nitrogen Load for the entire watershed or
sub-watershed, as applicable; and
(d) Sufficient evidence
(e.g., records of water usage, building permits, zoning
information, census data and, if necessary, modelling) demonstrating that the
applicant's Updated Nitrogen Load does not exceed 3% of the Controllable
Attenuated Nitrogen Load for the watershed or sub-watershed, as
applicable.
(3)
Approval of a De Minimis Nitrogen Load
Exemption. The Department shall approve a De
Minimis Nitrogen Load Exemption application and issue an exemption
approval letter to the applicant if it satisfies the requirements of
314
CMR 21.12(1) and
(2).
(4)
Conditions for De
Minimis Nitrogen Load Exemption. The exemption shall
continue unless it is terminated by the Department or the Local Government Unit
and shall be conditioned on the following requirements:
(a) Upon request by the Department, the
exempt Local Government Unit shall provide:
1. the Department with all requested
information that is pertinent to nitrogen loading in the exempt area and within
the Local Government Unit's possession, custody, or control and
2. access to inspect the exempt area to
verify compliance.
(b)
The Local Government Unit shall not increase its Updated Nitrogen
Load.
(c) If the Local Government
Unit gains knowledge of any increase in the Updated Nitrogen Load, it shall
promptly report that to the Department. The report shall include an assessment
(deemed sufficient by the Department) of the extent to which the Updated
Nitrogen Load has increased or may increase in the future.
1. If the assessment demonstrates the Updated
Nitrogen Load has increased after considering any proposed attenuated load
reduction strategies, the exemption shall terminate.
2. Such termination shall operate to cause
any applicable mandatory Title 5 upgrade and New Construction requirements in
310
CMR 15.215(2)(d) to become
effective.
(d) If the
De Minimis Nitrogen Load Exemption operated to suspend the
effectiveness of the Title 5 upgrade and New Construction requirements under
310
CMR 15.215(2), then within
28 days of the Department issuing a notice of termination to the exempt Local
Government Unit or the Department receiving notice that the exempt Local
Government Unit has terminated the exemption, the Department will publish
notice of the termination and that the mandatory Title 5 upgrade and New
Construction requirements in
310
CMR 15.215(2)(d) are
invoked, effective on the date the Department issues the notice of termination
to the Local Government Unit. The Department shall publish notice of the
termination and invocation of the Title 5 upgrade and New Construction
requirements: in the forthcoming Environmental Monitor; on the
Department's website; in the town hall where similar notices are published; and
in a local or regional newspaper with the largest readership distribution
within the area that may be affected by the Title 5 upgrade requirement. In
municipalities with Environmental Justice Populations where the preceding
method for publishing public notice does not specifically serve the
Environmental Justice Population(s), the Department must also provide the
preceding notice to at least one additional news organization that primarily
serves the Environmental Justice Population(s) within the area that may be
affected by the designation. The public notice shall be translated into other
languages that are prevalent in areas with persons of limited English
proficiency.
(5)
Withdrawal or Denial. If the applicant withdraws from
the De Minimis Nitrogen Load Exemption application process or
is denied an exemption, the Department will issue notice of the withdrawal or
denial and invocation of the mandatory Title 5 upgrade and New Construction
requirements under
310
CMR 15.215(2), if
applicable, in conformity with the notice publication requirements in
314
CMR 21.12(4)(d).
