Determination of Insignificance

(1) Procedures for a Request for Determination of Insignificance. (a) A request for determination of Insignificance of a proposed action to increase the Present Rate of Interbasin Transfer can be made either by the Person proposing an action to increase the Present Rate of Interbasin Transfer or at the Commission's own initiative; (b) When requesting a determination of Insignificance, the Person proposing an action to increase the Present Rate of Interbasin Transfer shall submit the request to the Executive Director, Water Resources Commission, Executive Office of Energy and Environmental Affairs, 100 Cambridge Street, Suite 900, Boston MA 02114 and to Water Resources Commission Staff, Department of Conservation and Recreation, Office of Water Resources, 251 Causeway Street, Boston, MA 02114; and (c) The Commission shall publish a notice of the request for a determination of Insignificance in the Environmental Monitor within 31 days of the receipt of such request and send a copy of the notice to the municipalities directly affected. The notice shall contain the date of the Commission meeting or meetings when such request will be considered. Within 90 days of the receipt of the request, or upon receipt of all requested additional information, whichever is later, a determination shall be made by a Decision of the Commission. The determination and reasons therefore shall be published in the Environmental Monitor. (2) Information Required to Act Upon a Request for Determination of Insignificance. (a) All requests for determination of Insignificance must include the following information: 1. Name, address, email address and telephone number of the Person proposing an action to increase the Present Rate of Interbasin Transfer; 2. Name of the project and a brief description; 3. Any applicable federal or state identification number including the EEA MEPA File Number; 4. An approximate timetable for the project; 5. The increase in Present Rate of Interbasin Transfer made possible by the proposed action presented as annual average daily capacity and maximum daily capacity (expressed as gallons per day); 6. The name and location of the sources of the proposed Interbasin Transfer delineated on a map of sufficient detail to show the major River Basin lines of the affected area(s), any potentially affected water bodies, the names of the communities, sections of communities, water district(s) or sewer district(s), as applicable, the wastewater discharge point, and special resource values potentially affected by this transfer, as described in 313 CMR 4.08(3)(f); 7. In the case of temporary transfers, the purpose for which the water is to be transferred, the duration and amounts; and 8. Other information which may be requested by the Commission in specific instances. (b) For a transfer with a maximum daily capacity of less than or equal to 10,000 gallons per day, after review of the information requested in 313 CMR 4.08(2)(a)1. through 8., the Commission may make a Decision that the transfer is Insignificant without requiring the information and analyses described in 313 CMR 4.08(2)(c) and (d). If the Commission requires further analysis of a transfer with a maximum daily capacity of less than or equal to 10,000 gallons per day, the Person proposing an action to increase the Present Rate of Interbasin Transfer shall provide the information requested in CMR 4.08(2)(c) and (d), as appropriate. (c) For a transfer of water supply or a transfer of wastewater triggered by the development of a local water supply, with a maximum daily capacity of more than 10,000 gallons per day, or for a transfer with a maximum daily capacity of less than or equal to 10,000 gallons per day that has been determined by the Commission to need a higher level of review, a request for determination of Insignificance must also contain the following information, as appropriate: 1. For all transfers, any proposed flow management provisions, flow protection thresholds or other measures to minimize or offset impacts of the transfer on streamflows; 2. In the case of transfers primarily derived from streamflow, either directly or through groundwater withdrawals, the proposed transfer amount calculated as a percentage of the estimated unimpacted 95% Exceedance Flow. All calculations should be made at an appropriate point in the Donor Basin river or tributary thereto; 3. In the case of transfers primarily derived from lakes, ponds, reservoirs or other impoundments either directly or through groundwater withdrawals, the delineated drainage area of the water body and its area in square miles; 4. For transfers of wastewater triggered by the development of a local water supply, evaluation of potential in-basin alternatives for disposal of wastewater, including Title 5 septic systems, reuse, and groundwater and surface water discharges; if available, provide a Department of Environmental Protection-approved comprehensive wastewater management plan or other appropriate document that evaluates these options; and 5. For Interbasin Transfers from sources that are upstream or upgradient of permitted wastewater treatment facilities: a. 7Q10 flow(s) used in the NPDES Permits of all wastewater treatment facilities that discharge downstream of transfer source(s); b. Recalculated 7Q10 flow(s) that include the proposed transfer; c. Description of how the transfer will affect the 7Q10 flow(s) and the permitted wastewater facilities downstream; and d. Verification that the permitting authority for the wastewater treatment facilities has been notified of the Person's proposed action to increase the Present Rate of Interbasin Transfer and a copy of that notification. (d) For a transfer of wastewater with a maximum daily capacity of more than 10,000 gallons per day or for a transfer with a maximum daily capacity of less than or equal to 10,000 gallons per day that has been determined by the Commission to need a higher level of review, except for a transfer of wastewater triggered by the development of a local water supply, a request for determination of Insignificance must also contain the following information: 1. Delineation of the areas proposed to receive wastewater service, if applicable, or areas where the capacity of an existing wastewater service is proposed to be enlarged; 2. Evaluation of potential in-basin sources of disposal, including Title 5 septic systems, reuse, and groundwater and surface water discharges; if available, provide a Department of Environmental Protection approved comprehensive wastewater management plan or other appropriate document that evaluates these options; 3. For Interbasin Transfers from sources that are upstream or upgradient of permitted wastewater treatment facilities, the Person proposing an action to increase the Present Rate of Interbasin Transfer shall provide: a. 7Q10 flow(s) used in the NPDES Permits of all wastewater treatment facilities that discharge downstream of transfer source(s); b. Recalculated 7Q10 flow(s) that include the proposed transfer; c. Description of how the transfer will affect the 7Q10 flow(s) and the permitted wastewater facilities downstream; and d. Verification that the permitting authority for the wastewater treatment facilities has been notified of the Person's proposed action to increase the Present Rate of Interbasin Transfer and a copy of that notification; 4. For Interbasin Transfers that will discharge wastewater to a permitted wastewater treatment facility, the Person proposing an action to increase the Present Rate of Interbasin Transfer shall provide: a. Available capacity of the wastewater treatment facility that is proposed to receive the wastewater; and b. Verification that the permitting authority for the wastewater treatment facilities has been notified of the Person's proposed action to increase the Present Rate of Interbasin Transfer and a copy of that notification. (e) The Commission may consider the information available from all sources and Persons, including other federal, state and local agencies, information arising out of a MEPA filing or review, or on information from the public, when evaluating the project against the Criteria for Determining Insignificance, listed in 313 CMR 4.08(3). (3) Criteria for Determining Insignificance. The Commission shall take into account the following criteria in determining if a proposed action to increase the Present Rate of Interbasin Transfer is Insignificant: (a) That the proposed action to increase the Present Rate of Interbasin Transfer shall not facilitate an increase of one million gallons per day or greater; (b) For temporary transfers, that the increase would be of short duration and conducted to facilitate the construction, maintenance or repair of a public utility, for flood control purposes, for public safety purposes or other similar purposes not related to water supply or wastewater service; (c) In the case of transfers primarily derived from streamflow, that the cumulative transfer including the proposed amount along with previously approved transfers, in all cases, is less than 5% of the unimpacted 95% Exceedance Flow as estimated at an appropriate point of the Donor Basin river or tributary thereto; (d) In the case of transfers primarily derived from lakes, ponds, reservoirs, or other impoundments, that the cumulative annual amount of the transfer including the proposed amount along with previously approved transfers, in all cases, is less than 1% of the average annual precipitation on the drainage area of the water body, and less than 5% of the drought year inflow to the water body; (e) That the 7Q10 flow, when relied upon in a program of pollution abatement, will not be significantly diminished or prolonged; (f) That special resource values such as state-listed species and their habitats protected under the Massachusetts Endangered Species Act, cold-water fisheries as defined in 321 CMR 5.00: Coldwater Fish Resources, river herring, wetlands, areas of critical environmental concern, designated scenic rivers, eelgrass and shellfish beds, or areas protected by Article 97 of the Amendments to the Massachusetts Constitution will not be adversely affected; (g) That measures to protect instream flows, as described in 314 CMR 4.08(2)(c)1., have been taken where appropriate and achievable, and any such measures are proposed as part of the application; and (h) The Commission shall consider the cumulative impacts of all past, authorized or proposed transfers on streamflows, groundwater, lakes, ponds, reservoirs, or other impoundments in the Donor Basin and relevant sub-basins. The Commission will evaluate the proposed transfer along with previouslyapproved transfers cumulatively against relevant criteria of 313 CMR 4.08.