Project Selection Criteria

(1) Except as provided for in 310 CMR 44.06(2) through (4), the Department will use the evaluation criteria in 310 CMR 44.06(1)(a) and (b) to determine a project's priority and ranking on the calendar year priority list. The Department, through written guidance, will assign a numerical point range to each of the evaluation criteria in 310 CMR 44.06(1) which will be used to further determine a project's ranking on the priority list. (a) Environmental Criteria. 1. The extent to which the project will eliminate or mitigate a risk to public health. Relevant factors to consider may include but are not limited to: a. The extent to which the project is needed to improve, restore or protect a public or private drinking water supply. b. The size and character of the population threatened or negatively impacted by the identified risk to public health (e.g., users of a community public water system, owners of private wells, the number of children, the elderly, persons with pre-existing health risks), and the extent to which the project will eliminate or mitigate the public health risk to the identified population. c. The extent to which the project will eliminate or mitigate a public health hazard or public nuisance, as determined by the local health authority and/or the Department (e.g., sewerage surcharging; failed 310 CMR 15.000: The State Environmental Code, Title 5: Standard Requirements for the Siting, Construction, Inspection, Upgrade and Expansion of On-site Sewage Treatment and Disposal Systems and for the Transport and Disposal of Septage systems). 2. The severity of the environmental problem which the project is intended to address. Relevant factors to consider may include but are not limited to: a. The severity of the specific water quality or sediment parameter problems in the relevant water body (e.g., biochemical oxygen demand, suspended solids, pH, temperature, nitrogen, phosphorus, metals). b. Whether the relevant water body has been identified on the Commonwealth's § 303(d) list as failing to meet water quality standards for specific parameters. c. Whether the relevant water body currently meets water quality standards and its designated water quality uses under 314 CMR 4.00: Massachusetts Surface Water Quality Standards, including any Total Maximum Daily Load (TMDL) established by the Department for the relevant water body. d. Whether the relevant water body is a significant public recreation resource, a state Area of Critical Environmental Concern, an outstanding resource water as determined by the Commonwealth, a federally designated river, etc. e. Whether there are adverse impacts to living resources such as commercial or recreational fisheries, or endangered or wildlife species and their habitats. f. The extent to which there are other sensitive environmental resources (such as wetlands, Zones I and II of public water supplies, shellfish or cold water fisheries) or water dependent recreational uses which are threatened or negatively impacted by the identified environmental problem. 3. The extent to which the project will have demonstrable water quality benefits which will effectively address the identified environmental problems. Relevant factors to consider may include, but are not limited to, the extent to which the Local Governmental Unit's jurisdiction and the project's objectives, scope and proposed implementation demonstrate the project's capability to eliminate or significantly mitigate the identified environmental problems. 4. The extent to which the project is needed to come into or maintain compliance with applicable federal and/or state discharge permit(s) or other federal and/or state water pollution control requirements, and the effect of compliance on water quality and/or public health. Relevant factors to consider may include but are not limited to: a. The extent to which the project is needed to ensure compliance with an existing federal or state court or administrative order. b. The extent to which the project is needed to ensure compliance with a federal or state discharge permit (e.g., NPDES permit limits) or federal or state water pollution control regulations and requirements (e.g., 310 CMR 15.000: The State Environmental Code, Title 5: Standard Requirements for the Siting, Construction, Inspection, Upgrade and Expansion of On-site Sewage Treatment and Disposal Systems and for the Transport and Disposal of Septage control of stormwater discharges, compliance with Total Maximum Daily Load Limitations). c. The extent to which the project's maintenance of compliance with an order, discharge permit or regulation demonstrably benefits or protects the water quality and/or public health (e.g., projects which rehabilitate or upgrade existing facilities and are designed to keep a facility in compliance and/or to prevent water resource degradations). (b) Program and Implementation Criteria. 1. The extent to which the project implements or is consistent with one or more current watershed management plans (e.g., DEP basin plans) and/or watershed protection plans (e.g., local Zone II land use controls, comprehensive conservation management plans), or otherwise effectively addresses a watershed priority, as determined by the Department. 2. The extent to which the capacity provided by the project is needed, including, more specifically, whether the project will duplicate existing treatment or disposal capacity available at an economic cost within the relevant region. 3. The extent to which, as determined by the Department based on a review of reliable and relevant information, the project's environmental and/or public health benefits outweigh any expected negative impacts to water quality, water quantity or to the public health which are directly attributable to the project. 4. The extent to which the project is consistent with local and regional growth and/or infrastructure plans, and promotes the rehabilitation and revitalization of infrastructure, structures, sites, and areas previously developed and still suitable for economic (re)use. 5. Whether the project constitutes or is a component of a multi-community or regional approach to addressing the identified environmental problem. 6. The extent to which the project utilizes Department-approved innovative/alternative technology to effectively address the identified environmental problem. 7. Whether the Local Governmental Unit has implemented a pricing system for sewer services in accordance with the provisions of M.G.L. c. 40, § 39J and St. 1985, c. 275. 8. The extent to which the Local Governmental Unit has implemented the guidelines for best management practices in water management established by the board of the Trust. (2) Certain of the project selection criteria in 310 CMR 44.06(1) do not apply to planning projects (e.g., the extent to which the project will have demonstrable water quality benefits which will effectively address the identified problem). The Department will limit its evaluation of planning projects to the relevant criteria. (3) In establishing the calendar year priority list pursuant to 310 CMR 44.05(1), the Department may: (a) identify project categories and/or watersheds as funding priorities warranting a high priority status in a particular calendar year, consistent with the Project Selection Criteria in 310 CMR 44.06(1); and (b) modify and/or further specify the factors or point system to be used to evaluate the extent to which a project meets the Project Selection Criteria in 310 CMR 44.06(1), including any project or program priorities identified by the Department as a funding priority in a particular calendar year pursuant to 310 CMR 44.06(3) and (4). (4) Before finally adopting substantial modifications to the Project Selection Criteria and/or the related point system, the Department will notice such modifications in the Environmental Monitor and provide an opportunity for public comment for a period of not less than 30 days, including conducting a minimum of one public hearing.