313 CMR 4.02
Definitions
7Q10, or a Seven-day Ten-year Flow. The lowest seven consecutive day average flow that
occurs (on average) once every ten years.
95% Exceedance Flow. A low flow condition in a stream that is exceeded 95% of the time,
using a minimum of a ten year period of record. This statistic is based on mean daily flows.
Commission. The Massachusetts Water Resources Commission, or the Water Resources
Commission staff, as appropriate.
Contingency Plan. A written plan establishing operating procedures for adequately handling
water supply emergencies, such as contamination of water supply sources or seasonal or drought
related shortages of water supply. The plan shall include provision for emergency supply in the
event of a sudden loss of existing sources and of a progressively stringent schedule for limiting
water use during seasonal and extended dry periods.
Decision. A majority roll call vote of the Commission at a public meeting to take action on any
matter relating to its duties pursuant to M.G.L. c. 21, §§ 8B through 8D.
Donor Basin. The basin from which the water or wastewater is transferred.
Drought Year Inflow. A flow calculated from the 90th percentile of estimated near natural daily
flows into a water body for each month of the year (monthly Q90), which are then multiplied by
the number of days in each respective month and summed for an annual flow.
(MA REG. # 1361, Dated 3-23-18)
EEA. The Massachusetts Executive Office of Energy and Environmental Affairs.
Emergency Connection. Any connection, either approved under M.G.L. c. 21G, §§ 15 and
1616, 310 CMR 36.40 through 36.42 or authorized by law to provide a necessary and adequate
water supply during any situation or event, natural or man-made, which causes or threatens to
cause damage to a water supply system that could disrupt normal water supply functions. These
connections could include interconnections to other existing public water supply systems,
connections to obtain water directly from a new source, or connections to obtain greater amounts
of water from an existing source than currently authorized under M.G.L. c. 21, §§ 8B through
8D.
Hydraulic Capacity. The maximum daily amount of water or wastewater that can pass through
an existing authorized Transfer System.
Insignificant or Insignificance. An increase in an Interbasin Transfer that has been determined
by the Commission, based upon the impact to the Donor Basin, as insufficient to invoke the
provisions of M.G.L. c. 21, §§ 8B through 8D, provided that in no case shall insignificance or
insignificant mean an increase of one million gallons per day or more.
Interbasin Transfer. Any transfer of the surface water, groundwater, and/or wastewater, of the
Commonwealth outside of its River Basin as defined in 313 CMR 4.03. As such, the
development of a local water supply source to be used within a community, but subsequently
discharged as wastewater outside of that community and the source's basin of origin, constitutes
an Interbasin Transfer. If a city or town partially situated within a River Basin takes waters from
that basin, then the extension of its water or wastewater services to a portion of the same city or
town outside the basin shall not be deemed an Interbasin Transfer.
MEPA. The Massachusetts Environmental Policy Act (M.G.L. c. 30, §§ 61 and 62 through
62H).
MEPA Compliance. Fulfilling the requirements of M.G. L. c. 30, §§ 61 and 62 through 62H,
and 301 CMR 11.00: MEPA Regulations.
Massachusetts Water Conservation Standards. Measures approved by the Commission that set
statewide goals and provide guidance for water conservation and efficiency.
Metering. The installation of water use measuring devices on all permanent water supply
services, including master meters, source meters, treatment plant meters and purchased water
meters.
NPDES. National Pollutant Discharge Elimination System.
Person. Any agency, the federal government, the Commonwealth (or political subdivision
thereof), any state, public or private corporation or authority, individual, trust firm, joint stock
company, partnership, association, or other entity, and any officer, employee or agent of said
person, and any group of said persons.
Present Rate of Interbasin Transfer. The Hydraulic Capacity of a Transfer Facility or Transfer
System which was authorized, constructed or useable without additional installation of facilities
or changes in any authority or operating rule prior to March 8, 1984. The present rate shall also
include:
(a) the Hydraulic Capacity of Transfer Systems which, although not fully constructed and/or
useable, had achieved MEPA Compliance and final design approval by the Department of
Environmental Protection under the provisions of M.G.L. c. 111, as of March 8, 1984;
(b) the Hydraulic Capacity of a transfer system found to be Insignificant or approved by the
Commission through the process outlined in 313 CMR 4.08, and 4.10, after March 8, 1984;
and
(c) a legally binding contract that limits the use of the full Hydraulic Capacity of the system.
If withdrawal constraints contained in any provision of the Massachusetts General Laws,
Special Acts, Judicial Decree, regulatory agency rule, contract or operating rule of a water
supplier prevented the use of the Hydraulic Capacity as of March 8, 1984, the lesser amount shall
be deemed the Present Rate of Interbasin Transfer. In calculating the Present Rate of Interbasin
Transfer for a wastewater conveyance system, said rate includes that amount of wastewater
generated from a water supply source within the River Basin from which the wastewater will be
transferred.
Rate Structure. The pricing system by which water and sewer services are charged to the user.
Receiving Area. The location where compliance is evaluated under M.G.L. c. 21, §§ 8B through
8D by 313 CMR 4.09(3)(b) Criterion (2) related to Viable Sources, 4.09(3)(c) Criterion (3)
related to water conservation measures, and 4.09(3)(d) Criterion (4) related to a comprehensive
forestry management program. For transfers of water supply, Receiving Area means the area
into which the water is transferred for use, and is thereby receiving the water supply service. For
transfers of wastewater, Receiving Area means the area whose wastewater is collected for
discharge out of basin, and is thereby receiving the wastewater service.
Regional Water Supply System. For the purposes of 313 CMR 4.00, means a water supply
system that serves or proposes to serve two or more municipalities of public water systems
outside the Donor Basin.
River Basin. A geographic area within the Commonwealth determined by a body of water and
its surrounding drainage area as described in 313 CMR 4.03 and as shown in the River Basin
Map at 313 CMR 4.13. For purposes of hydrologic calculations, contributing upstream drainage
areas, including those outside the Commonwealth, may be considered. The Commission, upon
request or by its own action, shall make a written determination of the precise location of the
boundary line of the River Basins described in 313 CMR 4.00. In making this determination,
the Commission shall consult the report Hydrologic Characteristics of Massachusetts Streams
published as a cooperative project by the U.S. Geological Survey and the Massachusetts Water
Resources Commission, and other such reports or studies as may be pertinent.
River Basin Map. The map or maps of the Commonwealth showing the boundaries of the River
Basins.
Transfer Facilities or Transfer Systems. Those structures including pumps, pipelines, tunnels,
valves, and other conveyance facilities, that facilitate the movement of water or wastewater from
one basin to another and across a town line. A Transfer Facility or System can also include a
source of water supply which is ultimately transferred out of basin as wastewater.
Viable Source. A water source or wastewater service alternative that meets the current
regulatory requirements of the permitting authorities, and is environmentally sound,
technologically feasible and cost-effective.
For wastewater transfers, including those triggered by the development of local water
supplies that are transferred out of basin as wastewater, Viable Source includes alternatives
which can treat, reuse, and/or discharge wastewater within the basin of origin, and can meet the
requirements for approval by the Department of Environmental Protection or other regulatory
agency.
For water supply transfers, Viable Source means a source which can provide drinking water
that meets the current water quality standards and water management requirements promulgated
by the Department of Environmental Protection or other regulatory agency, and which can be
used while preserving reasonable instream flow using the same criteria provided to evaluate
impacts on the Donor Basin listed in 313 CMR 4.09(3)(e).