Section 36.28 - Permit Provisions and Conditions(1) Each permit shall provide at least the following: (a) the term of the permit;(b) the maximum allowable withdrawal volume expressed in terms of average daily withdrawal per year or per a shorter period of time, as applicable;(c) the maximum allowable withdrawal volume expressed in terms of maximum daily withdrawal from each withdrawal point;(d) the identification and any limitation of the use of the water withdrawn; and(e) the maximum allowable peak withdrawal.(2) No permit shall authorize a withdrawal beyond the expiration date for a water source, and in no case shall a permit have a term greater than 20 years.(3) All permits shall be conditioned on at least the following:(a) installation of flow meter(s) unless the Department determines that this condition is not applicable;(b) accurate monthly recording and reporting of all future withdrawals unless the Department determines in writing that more frequent monitoring is required;(c) operation and maintenance requirements;(d) permission to the Department to enter the permit holder's facility or property at reasonable times to inspect and monitor the withdrawal and to inspect and copy any relevant records;(e) implementation of water conservation measures appropriate to the permitted water use;(f) implementation of coldwater fish resource, minimization, and mitigation plans as applicable;(g) implementation of conditions that minimize any negative impacts of the withdrawal on factors the Department must consider in reviewing applications, as listed in 310 CMR 36.26;(h) submission of an annual statement of withdrawal in accordance with 310 CMR 36.31;(i) any other conditions necessary to further the purposes of M.G.L. c. 21G or to assure compliance with 310 CMR 36.00; (j) documentation of the need for any change in withdrawal volume, or documentation of achievement of specified milestones relating to future increased withdrawals over the life of the permit; and(k) authorization for the Department to amend, suspend or terminate the permit as described in M.G.L. c. 21G and 310 CMR 36.29.(4) All public water supply permits shall include at least the following conditions, as applicable: (a) groundwater supply protection through delineation of the Zone II or Zone III as applicable, as defined in 310 CMR 22.21: Groundwater Supply Protection, for the public groundwater supply source(s) included in the permit within three years of the date of permit issuance, and the implementation, where appropriate, of land use control measures, consistent with those found in 310 CMR 22.21: Groundwater Supply Protection, intended to protect the quality and quantity of the water supply;(b) surface water supply protection through a firm yield analysis for the public surface supply source(s) included in the permit within three years of the date of permit issuance, and the implementation, where appropriate, of a surface water supply protection plan, consistent with that found in 310 CMR 22.20B: Surface Water Supply Protection and 310 CMR 22.20C: Surface Water Supply Protection for New and Expanding Class A Surface Water Sources as applicable, intended to protect the quality and quantity of the water supply;(c) excepting permits for a redundant well(s), water conservation requirements based on water conservation standards established by the Commission, including but not limited to: 1.water audits and leak detection, metering, pricing, residential and public sector conservation, industrial/commercial conservation, lawn/landscape conservation, and education/outreach;2.performance standard for residential gallons per capita day water use as dictated by specific facts concerning population served;3.performance standard for unaccounted for water; and4.seasonal limits on nonessential outdoor water use from May 1st to September 30th.(5) The Department may impose additional requirements to address the cumulative impacts of tier 2 and tier 3 withdrawals in a water source.(6) The holder of a permit shall comply at all times with all conditions of the permit and with all applicable federal and state statutes and regulations.(7) The burden shall be on each permit holder to demonstrate compliance with all the provisions and conditions of the permit at all times.Amended by Mass Register Issue 1273, eff. 11/7/2014.