310 CMR, § 36.19 - Determining Permit Tier for an Application

(1) Groundwater Withdrawals - The Department will determine the permit tier for each application that includes groundwater withdrawals based on:

(a) the applicant's baseline withdrawal volume(s);

(b) any requested withdrawal volume above the baseline(s); and

(c) an evaluation of the potential change in the biological category or groundwater withdrawal category during the late summer bioperiod (July through September) in the subbasin(s) from which the withdrawal is made; and

(d) for proposed withdrawals determined by the Department not to follow an annual demand curve with highest average daily withdrawals occurring during the late summer bioperiod (July through September), an evaluation of the potential change in seasonal groundwater withdrawal category during the bioperiod when the withdrawal will have the maximum impact on streamflow in the subbasin(s).

Each application that includes a groundwater withdrawal or a withdrawal from both ground and surface water will be assigned as follows:

Permit Tier 1

The applicant requests no withdrawal greater than baseline.

Permit Tier 2

The applicant requests a withdrawal greater than baseline, but the requested withdrawal will not result in a change in the biological category, groundwater withdrawal category or seasonal groundwater withdrawal category of the subbasin(s) from which it is made.

Permit Tier 3

The applicant requests a withdrawal greater than baseline, and the requested withdrawal will result in a change in the biological category, groundwater withdrawal category or seasonal groundwater withdrawal category of the subbasin(s) from which it is made.

(2) Surface Water Withdrawals - Applications for permits that include only a surface water withdrawal will be assigned as follows:

Permit Tier 1

The applicant requests no withdrawal greater than baseline.

Permit Tier 2

The applicant requests a withdrawal greater than baseline.

(3) Applications for permits for water withdrawals in the groundwater-driven water sources (the southern portion of South Coastal, Cape Cod, Islands, and portions of Buzzards Bay) will be assigned as follows:

Permit Tier 1

The applicant requests no withdrawal greater than baseline.

Permit Tier 2

The applicant requests a withdrawal greater than baseline.

Notes

310 CMR, § 36.19

Amended by Mass Register Issue 1273, eff. 11/7/2014. Amended by Mass Register Issue 1487, eff. 1/20/2023.