General Procedures

Any Person proposing an action to increase the Present Rate of Interbasin Transfer is encouraged to discuss its plans with the Commission staff at the earliest possible point in project planning. While such staff review can be concurrent with MEPA review, the proposal must have achieved MEPA Compliance before public hearings are held under M.G.L. c. 21, §§ 8B through 8D or the Commission takes any action on the proposal. (1) The type and depth of information submitted for Commission review of a proposed action to increase the Present Rate of Interbasin Transfer shall be at a level sufficient to allow for the Commission to fully exercise its responsibility under the provisions of M.G.L. c. 21, §§ 8B through 8D. To the extent possible, the Person proposing an action to increase the Present Rate of Interbasin Transfer should utilize existing data and the best available science including, as appropriate, analyses and methodologies currently used in other regulatory jurisdictions; (2) If a MEPA environmental review is required under 301 CMR 11.00: MEPA Regulations, the data required to be submitted for Commission review under the provisions of 313 CMR 4.00 should be prepared to the extent possible as a component of the environmental review report. In such cases, joint scoping sessions with the MEPA Office and Commission staff should be held; and (3) A Person proposing an action to increase the Present Rate of Interbasin Transfer may request a determination that the proposal would cause an Insignificant increase as provided in 313 CMR 4.08, or may apply directly for approval by the Commission pursuant to 313 CMR 4.09 and 4.10.