Purpose and Applicability

310 CMR 45.00 implements the DWSRF Program. Under federal and state law, the DWSRF Program's goals are to protect public health and strengthen compliance with drinking water requirements, while addressing the Commonwealth's drinking water needs. The DWSRF Program incorporates affordability and watershed management priorities. 310 CMR 45.00 sets forth the Department's authority and responsibilities to select, approve and regulate drinking water projects receiving financial assistance from the DWSRF. 310 CMR 45.00 does not apply to the use of set-asides by the Department and the Trust, which is addressed in the pertinent portion of the IUP submitted by the Department and the Trust to EPA on an annual basis after public review and comment. In the event that the set-aside portion of the IUP allocates funding for loans to systems to acquire land or conservation easements or to implement source water protection measures or to implement recommendations in source water quality protection partnership petitions submitted to the Department, the project selection criteria for such loans will also be subject to public review and comment as a component of the IUP. The Department reserves the right to use relevant requirements and procedures contained in 310 CMR 45.00 in its selection, approval and administration of projects receiving loans pursuant to the set-aside portion of the IUP. The Department may issue supplemental policies, guidelines, guidance documents and/or administrative procedures to assist in its implementation and administration of 310 CMR 45.00 and its use of set-asides. (Mass. Register #1402 10/18/19)