The following withdrawals are exempt from the registration and
permit requirements of M.G.L. c. 21G and 310 CMR 36.00, but may otherwise be
regulated by 310 CMR 36.00.
(1)
Nonconsumptive Use. A withdrawal or any portion of a
withdrawal that constitutes a nonconsumptive use, as approved in writing by the
Department in accordance with
310
CMR
36.35.
(2)
Withdrawals in Compliance
with Federal Superfund and/or Massachusetts Contingency Plan
Requirements. A withdrawal that is in compliance with written
instructions of an On-scene Coordinator pursuant to 33 CFR Part
153:
Control of Pollution by Oil and Hazardous Substances, Discharge
Removal and 40 CFR Part
300, Subchapter J:
Superfund,
Emergency Planning, and Community Right-to-know Programs, Subparts B
and C, or a withdrawal conducted as an Immediate Response Action in compliance
with M.G.L. c. 21E and the regulations promulgated thereunder at 310 CMR
40.0000:
Massachusetts Contingency Plan.
(3)
Withdrawals of Brackish or
Saline Water. A withdrawal where the water to be withdrawn is
brackish or saline due to the influence of the ocean, as defined by the
following ranges of specific conductivity, shall be exempt from the need to
obtain a permit pursuant to M.G.L. c. 21G and 310 CMR
36.00.
(a) Fresh water: less than 1,000
umhos/cm;
(b) Brackish water: at
least 1,000 but less than 10,000 umhos/cm;
(c) Saline water: at least 10,000 but less
than 100,000 umhos/cm.
Where there is the potential for the withdrawal to be of fresh
water in excess of the threshold volume, the person making or planning to make
the withdrawal shall submit a written request to the Department for a
determination of applicability of M.G.L. c. 21G to the withdrawal. Such request
shall be accompanied by a proposed sampling plan, for written approval by the
Department, that will provide data representative of the withdrawal the person
is making or plans to make.
Notes
Amended by
Mass
Register Issue 1273, eff. 11/7/2014.
Amended by
Mass
Register Issue 1487, eff.
1/20/2023.
Amended by
Mass
Register Issue 1491, eff.
1/20/2023.
