Aggregate Determinations of Flows and Nitrogen Loadings

(1) The 440 gallons per day per acre nitrogen loading limitation imposed by 310 CMR 15.215(1) may be calculated in the aggregate by using nitrogen credit land in accordance with an approved Facility Aggregation Plan or Community Aggregation Plan. Applicants proposing systems to be located within a community or region covered by a Community Aggregation Plan approved by the Department shall calculate aggregate determinations of flows and nitrogen loadings in accordance with the Plan and the Department's Guidelines for Title 5 Aggregation of Flows and Nitrogen Loading. All other applicants seeking aggregate determination of flows and nitrogen loading shall prepare a Facility Aggregation Plan in accordance with 310 CMR 15.216 and the Department's Guidelines for Title 5 Aggregation of Flows and Nitrogen Loading. (2) To qualify as Nitrogen Credit Land, the land must: (a) be within the same Nitrogen Sensitive Area as the facility if the facility is in a Nitrogen Sensitive Area; (b) be within the same subdivision in an area where the use of both on-site systems and drinking water wells are proposed to serve the facility; (c) not have any manmade sources of nitrogen, including, but not limited to, wastewater discharges and nitrogen based fertilizer located thereon; (d) not be used for raising, breeding or keeping of animals; (e) be pervious; (f) be outside of Zone As, Velocity Zones and Regulatory Floodways; (g) not be covered by any surface water body including, but not limited to, a river, stream, lake, pond, or ocean; (h) not be currently designated as nitrogen credit land; and (i) meet the criteria set forth in the Department’s Guidelines for Title 5 Aggregation of Flows and Nitrogen Loading. (3) Land located within a Zone I of a public water supply well may be used as nitrogen credit land unless the well is determined to be at risk in accordance with the Department's "Guidelines for Title 5 Aggregation of Flows and Nitrogen Loading" or the proposed design flow is 2,000 gallons per day or greater. (4) Community Aggregation Plans. (a) A city or town may seek Department approval for aggregate determination of flows and nitrogen loading across a region wide area such as, but not limited to, a Zone II of a public water supply well. Department approval of a Community Aggregation Plan may authorize the local Approving Authority to approve site specific facility aggregation plans in accordance with the approved Community Aggregation Plan. (b) The Department may approve a Community Aggregation Plan provided that the following conditions are met: 1. the local Approving Authority has approved the Plan; 2. the Plan contains a mechanism to protect surface and ground water supplies within the community or region from pollutant and nitrogen loading and a proposed mechanism for implementing the Plan; 3. the Plan meets the criteria in the Department's "Guidelines for Title 5 Aggregation of Flows and Nitrogen Loading;" 4. for areas that include a Zone II, the Plan includes a nitrate loading analysis and nitrate management plan as specified in 310 CMR 22.21(2)(d); and 5. any other conditions that the Department deems appropriate. (5) Facility Aggregation Plans. The Approving Authority may approve a Facility Aggregation Plan provided that the following conditions are met: (a) The proposed facility meets the criteria in the Department's Guidelines for Title 5 Aggregation of Flows and Nitrogen Loading, (b) the design flow of 440 gallons per day per acre equivalency across the facility and other land areas for which nitrogen credit is sought, but not necessarily on every individual acre, will be met through recorded land use restrictions that restrict nitrogen loading on facility land and nitrogen credit land. These land use restrictions must be substantially identical to those contained in the Department's Guidelines for Title 5 Aggregation of Flows and Nitrogen Loading, run in perpetuity, be approved by the respective land owners, run to the benefit of the municipality acting by and through the Local Approving Authority and, in the case of nitrogen credit land, also run to the benefit of the facility land. The applicant shall record or register such restrictions and easements in the appropriate Registry of Deeds or Land Registration Office within 30 days of approval of the plan; and (c) any other conditions that the Approving Authority deems appropriate.