314 CMR, § 21.05 - Required Elements of a Watershed Permit

(1) Approved Watershed Management Plan and Implementation Schedule. A Watershed Permit shall establish a schedule for the permittee's implementation of the pollutant reduction actions identified in the Watershed Management Plan approved by the Department. The proposed activities, schedule, and facilities set forth in the applicant's Watershed Management Plan, with Department-approved modifications, shall be enforceable requirements of, and incorporated within, the Watershed Permit. The Department may modify the Watershed Management Plan or the approved implementation schedule in accordance with the terms and conditions of 314 CMR 21.00 and the Watershed Permit.

(2) Monitoring and Reporting. The permittee shall monitor water quality in accordance with the monitoring requirements contained in the Watershed Permit and shall report the results annually to the Department, or as otherwise required by the Department.

(3) Adaptive Management Framework.

(a) The Watershed Permit shall establish an adaptive management framework in which the permittee will make future decisions, subject to the approval of the Department, as part of an ongoing science-based process that is consistent with:

1. any applicable TMDL, Alternative Restoration Plan, MEP Report, or Scientific Evaluation and

2. the Permittee's progress in attaining Necessary Nitrogen Load Reductions during the permit term.

(b) The permittee shall implement the framework, as set forth in the approved Watershed Management Plan, to evaluate the results of the permittee's water quality management program and adjust and modify the strategies and practices, as needed, to address conditions that are causing the water quality impairments.

(c) The permittee shall provide a contingency plan in its approved Watershed Management Plan that relies on Conventional Control Technologies to achieve Necessary Nitrogen Load Reductions. The contingency plan shall be updated whenever the approved Watershed Management Plan or implementation schedule is modified.

(d) Subject to Department approval, a permittee may assume pollutant reduction credit for Alternative Control Approaches and Technologies only if the permittee or other responsible party implements and maintains such approaches and/or technologies and the related reductions in accordance with the terms and conditions of the Watershed Permit.

(4) Identification of Other Permits Incorporated by Reference. The Department shall identify any other permits previously issued by the Department that comprise a component of the implementation activities described in the approved Watershed Management Plan. Any such permits shall be incorporated into the Watershed Permit by reference.

(5) Conditions.

(a) The Watershed Permit shall include the General Conditions described at 314 CMR 21.10.

(b) The Watershed Permit may contain other conditions deemed necessary or appropriate by the Department to attain and maintain Necessary Nitrogen Load Reductions.

Notes

314 CMR, § 21.05

Adopted by Mass Register Issue 1499, eff. 7/7/2023. Amended by Mass Register Issue 1501, eff. 7/7/2023.