Code of Massachusetts Regulations
360 CMR - MASSACHUSETTS WATER RESOURCE AUTHORITY
Title 360 CMR 11.00 - Continuation Of Contract Water Supply
Section 11.08 - Contents of Supplementary Report

Universal Citation: 360 MA Code of Regs 360.11

Current through Register 1531, September 27, 2024

(1) A Demand Analysis Report will be filed on a form to be provided by the Authority and will contain the following information:

(a) an estimate, on a total annual volume and average and maximum daily volume basis, of the amount of water that the community will require for the ten-year period following its contract termination date, the basis for the estimated demand and the source for the estimate;

(b) an estimate, also on a total annual volume and average and maximum daily volume basis, of the portions of water required during the proposed ten-year agreement period that are to be obtained from both MDC/Authority sources and from existing or proposed local sources. This same information shall also be provided, to the extent possible, for the five-year period following the end of the proposed ten-year agreement period;

(c) an explanation of the seasonal and daily use factors built into the total annual volume requested for the proposed ten-year agreement period and an estimate of both the domestic and non-domestic and unaccounted-for components of this annual volume;

(d) any existing local projections of water need after the 15-year period following the community's contract termination date;

(e) identification of all water users consuming greater than 20 million gallons a year;

(f) a written analysis of existing or anticipated trends, seasonal variations or other special characteristics of population or employment which should be taken into account in determining water demand for the community;

(g) available projections of demographic and employment information for the proposed ten-year agreement period;

(h) local water use and demand information for the five-year period preceding the community's contract termination date, including:
1. total annual water use and the amounts used from both local sources and from MDC/Authority sources;

2. maximum daily demand information for each year; and

3. an estimate of and the components of the annual volume of unaccounted-for water; and

(i) a summary of the current and planned local demand management programs the community will implement during the proposed ten-year agreement period, including a discussion of efforts to reach a goal of no more than 10% unaccounted-for water. An estimate of the potential average daily volume of water to be saved through these programs shall also be provided.

(2) A Supply Report will be filed on a form to be provided by the Authority and contain the following information:

(a) a yield analysis of currently used and emergency back-up local sources, indicating seasonal variations that would expand/limit what can be drawn;

(b) identification of any excess capacity that is now or might be sold to the Authority or other users;

(c) current water quality data, treatment required, and problems present or foreseen;

(d) an assessment of local source vulnerability to contamination, including results of any sanitary surveys undertaken;

(e) copies of any available studies prepared by or for the community addressing the impacts of the 1986 Amendments to the Safe Drinking Water Act, and EPA regulations promulgated thereunder, on the community's existing local sources, including the quantity of available sources and any treatment necessitated by the new regulations;

(f) a map that delineates the watershed or recharge area of each ground and surface water source, together with a statement of acreage owned by the community and management practices of the community such as a local forest and vegetative managment plan for support of water management and increased yield;

(g) identification of the basin location(s) of source(s) and of wastewater disposal sites for the community;

(h) a description of any potential improvements to the local water supply system to increase available supply and a discussion of both the associated technical issues and the projected costs of such improvements. Such improvements may include, but are not limited to, treatment, storage, pumping or pipeline capacity;

(i) an identification of any local sources a bandoned or lostto contaminati on since 1940 including location, historic yield, and the reasons for abandonment;

(j) a description of any significant sources that were abandoned prior to 1940; and

(k) an identification of any potentially feasible new local sources with a potential yield of 0.25 mgd for groundwater and 0.5 mgd for surface water sources.

(3) A local Water Management Plan when required by the WRC, that has been approved by the WRC and adopted by the community will be filed with the Authority, together with an identification of steps, which are subject to Authority review and approval, whereby implementation of its water conservation and demand management components will be achieved. Whether or not a Water Management Plan is required by the WRC an implementation schedule shall be provided that identifies date specific milestones responsible parties and planned and committed funding sources, for each of the following:

(a) ongoing leak detection and repair, and water system rehabilitation including at a minimum:
1. survey of all parts of the distribution system at least once every two years;

2. sonic leak survey with, at a minimum, listening of all points of direct contact on the main, and with use of ground microphones for long distances between points of direct contact, unless unaccounted-for water use is less than 5%, in which event the Authority may consider hydrant-only listening; and

3. quarterly leak survey reports summarizing leak survey activity, with individual site reports for each suspected leak and completed repair;

(b) metering of all buildings and other regular uses, including public buildings, and an on-going meter inspection and rehabilitation replacement program;

(c) a conservation public information and evaluation program, which includes distribution of Authority provided materials to all water users and participation in or use of Authority school programs and industrial conservation programs.

(d) retrofit of all public buildings with water saving devices such as faucet aerators, low flow shower heads, displacement devices for tank-type toilets and, where possible, low flow toilets; and

(e) contingency plans to reduce water use in case of drought or emergency as well as a five year schedule for adopting a local drought restriction enforcement ordinance. Model conservation standards are presented in the WRC's Water Conservation Standards for the Commonwealth of Massachusetts. These standards can be used to direct conservation efforts.

(4) If local water sources lying within the community's boundary are used, the community shall file with the Authority either a copy of the ordinance for protection of local water sources that the community has enacted or a proposed schedule for the enactment of such an ordinance. At a minimum, the ordinance shall:

(a) recite that its purpose is to protect existing and identified feasible water supplies and sources; and

(b) prohibit uses which may contaminate watershed lands and well protection zones either by limiting private uses of the surrounding areas or by acquisition of the lands by the community; identified uses that potentially threaten water supply sources include, but are not limited to: underground storage tanks and pipelines, landfills, septic systems, the use and storage or deicing and other chemicals, and hazardous waste disposal sites.

If local water sources lying outside of the community boundary are used, the community shall provide a description of all measures in place or projected to be instituted within the five year period following the contract termination date for the protection of those local sources. While the community does not have control over the protection of those local water sources that are outside of its boundary, the community shall attempt, through cooperative steps, to have a protective ordinance enacted in the appropriate community.

(5) Either a detailed description of the local user charge and accounting system that the community has adopted or a proposed schedule for the adoption of revisions, if any, to such a system shall be filed with the Authority; the system shall:

(a) incorporate a uniform rate or an alternative structure which provides incentives for water conservation and/or is designed to ensure the affordability of water service to low and/or fixed income persons; and

(b) prohibit rate structures that incorporate descending or declining block rates.

(6) A proposed schedule for the evaluation, development and use of potentially feasible new local water supply sources identified in the Supply Analysis Report shall be filed with the Authority which will reflect consideration of:

(a) the technical feasibility evaluation process utilized by DEP for the approval of new sources;

(b) the economic feasibility for development of those new sources, based on a development cost per million gallons no greater than two and 1/2 times the prevailing rate as adopted for the first fiscal year of the requested Water Supply Continutation Agreement's term. The development cost will be deflated during the subsequent years of the Water Supply Continuation Agreement's term. The index used to perform this adjustment will be that stated in Engineering News Record; and

(c) compliance with all applicable state and federal environmental regulations.

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