Section 36.05 - ExemptionsThe 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 A withdrawal where the water to be withdrawn is brackish or saline due to the influence of the ocean, as defined by the following ranges of specific conductivity, shall be exempt from the need to obtain a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.
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.