Section 36.21 - Contents of a Permit Application(1) All permit applications shall include, at a minimum: (a) the reason(s) for the withdrawal, and the proposed water use (e.g., residential, industrial, agricultural), including a detailed projection of the applicant's water needs during the proposed permit term;(b) identification of the water source in which the withdrawal is located;(c) the specific location of each of the applicant's withdrawal point(s) within the water source;(d) for new withdrawal points, any required pumping test results and analysis;(e) the volume, frequency and rate of water to be withdrawn from each withdrawal point, the anticipated times of year of the withdrawals, and any projected changes in volume, frequency, rate or time of year over the proposed term of the permit;(f) the maximum daily rate at which water can be withdrawn from each withdrawal point;(g) the length of time for which the permit is sought, which may not extend beyond the next expiration date for the water source from which the water will be withdrawn;(h) the amount and location of any water discharged by the applicant, and any permit number(s) issued for such discharge by the Department or the U.S. Environmental Protection Agency; and(i) the applicable fee as specified in 310 CMR 4.00: Timely Action Schedule and Fee Provisions.(2) All permit applications shall also include:(a) a copy of any Environmental Notification Form filed, if applicable;(b) a detailed evaluation of the potential effect of the withdrawal on:1.public drinking water supplies;5.groundwater recharge areas;8.water-based recreation;9.wetland resource areas;13.other withdrawal points;(c) a detailed water conservation program and implementation timetable based on water conservation standards established by the Commission, or where the Commission has not established such standards, other industry-specific best management practices appropriate to the permitted water use.(3)Groundwater Withdrawals. All permit applications for groundwater withdrawals shall also include the following information required according to the applicable permit tier as specified in 310 CMR 36.21(3)(a) through (c):(a)Permit Tiers 1, 2 and 3.1.If a withdrawal point is located in a subbasin where a coldwater fish resource is located, the applicant shall consult with the Department and EOEEA agencies on ways to minimize impacts of the withdrawal on the coldwater fish resource by optimizing the pumping regime of the applicant's withdrawal points and shall submit an implementation plan as described in 310 CMR 36.22(4).2.All groundwater applicants with withdrawal point(s) in a subbasin(s) having August net groundwater depletion of 25% or greater shall submit a minimization plan as described in 310 CMR 36.22(5).(b)Permit Tiers 2 and 3. In addition to the requirements of 310 CMR 36.21(3)(a), the applicant shall: 1.determine the withdrawal volume above baseline that must be offset through mitigation taking into account adjustments for water conservation, groundwater discharge and certain NPDES surcharges, on forms prescribed by the Department;2.in consultation with the Department and EOEEA agencies,a.identify measures commensurate with impacts of the volume to be offset that the applicant will evaluate in its mitigation plan; andb.if a withdrawal point is located in a subbasin where a coldwater fish resource is located, identify measures that will offset impacts to coldwater fish resources that the applicant will evaluate in its mitigation plan; and3.submit a mitigation plan as described in 310 CMR 36.22(6).(c)Permit Tier 3. In addition to the requirements in 310 CMR 36.21(3)(a) and (b), the applicant shall demonstrate that there is no feasible alternative source that is less environmentally harmful as described in 310 CMR 36.22(7).(4)Surface Water Withdrawals. All permit applications for surface water withdrawals shall also include the following information required according to their permit tier as specified in 310 CMR 36.21(4)(a) and (b): (a)Permit Tier 1 and 2.1.If a withdrawal point is located in a subbasin where a coldwater fish resource is located, the applicant shall consult with the Department and EOEEA agencies on ways to minimize impacts of the withdrawal on the coldwater fish resource by optimizing use of the applicant's source(s) and shall submit an implementation plan as described in 310 CMR 36.22(4) and (8).2.An applicant proposing an alternative to the Department's seasonal limits on nonessential outdoor water use described at 310 CMR 36.28(4)(c)4. shall provide, for the Department's review and written approval, a summer management plan that includes proposed nonessential outdoor water use restrictions and corresponding environmental triggers or offsets that can include, but are not limited to: c.fisheries management plan implementation;(b)Permit Tier 2. In addition to requirements of 310 CMR 36.21(4)(a), the applicant shall:1.determine the withdrawal volume above baseline that must be offset through mitigation taking into account adjustments for water conservation, groundwater discharge and certain NPDES surcharges, on forms prescribed by the Department;2.in consultation with the Department and EOEEA agencies,a.identify measures commensurate with impacts of the volume to be offset that the applicant will evaluate in its mitigation plan; andb.if a withdrawal point is located in a subbasin where a coldwater fish resource is located, identify measures that will offset impacts to coldwater fish resources that the applicant will evaluate in its mitigation plan; and3.submit a mitigation plan as described in 310 CMR 36.22(6).(5) The Department may specify additional or alternative requirements to address impacts of withdrawals in groundwater-driven water sources (the southern portion of South Coastal, Cape Cod, Islands, and portions of Buzzards Bay).(6) New permit applications shall also include identification of alternatives, if any, to the proposed withdrawal including a study of cost, feasibility and environmental effects of such alternatives.(7) Permit renewal applications shall also include:(a) any proposed changes to the expiring permit's provisions or conditions, with the reason for such proposed changes; and(b) a demonstration that permit conditions have been met.(8) Applicants may include, or the Department may require, the following additional information:(a) any water resource protection measures affecting the withdrawal that have been implemented or that are planned by the applicant or by any other person;(b) any agreements with an owner of property conveying an easement by deed which restricts the right of the owner of the property to make a withdrawal from the same water source from which the applicant proposes to withdraw;(c) the impact of the withdrawal on economic development and the creation of jobs in the Commonwealth;(d) the impact of the proposed withdrawal on other water uses, land values, investments and enterprises that are dependent on previously allowable withdrawals in the water source;(e) identification of the area of contribution for any groundwater withdrawal point;(f) any other information requested by the Department related to the withdrawal, its use, source protection, minimization and mitigation of the effects of the withdrawal, discharge, impacts, or information related to the factors the Department must consider in reviewing applications, as listed in 310 CMR 36.26.Amended by Mass Register Issue 1273, eff. 11/7/2014.