Interbasin
Transfer Act: Frequently Asked Questions
- What is the Interbasin Transfer Act (ITA)?
- Who administers the Interbasin Transfer Act?
- What is the Threshold Amount of water for Interbasin
Transfer Review?
- No Threshold! Does that mean any transfer must
go through the Interbasin Transfer process? What about amounts under
1 mgd?
- What is meant by "Level of Review"?
- What kind of public notification of the process
is given?
- How are Interbasin Transfer applications evaluated?
- Where are the WRC's decisions on interbasin transfers
filed?
- Who can I call to find out more about the Interbasin
Transfer Act?
What is the Interbasin Transfer
Act (ITA)?
Specifically, it is Chapter 658, Acts of
1983 MGL Chapter 21 §§8B-8D. The Act was approved December 20,
1983 and became effective on March 20, 1984. It was formerly known
as ?An Act to Protect the Connecticut River? but was expanded to
apply statewide. The Act governs the transfer of water and wastewater
between river basins within the Commonwealth.
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Who administers the Interbasin
Transfer Act?
The Act is administered by the Water Resources Commission (WRC),
an appointed body comprised of the Secretary of Environmental Affairs,
the Director of the Department of Housing and Community Development,
the Commissioners of the Departments of Environmental Management,
Environmental Protection, Fisheries, Wildlife and Environmental
Law Enforcement, Food and Agriculture and the Metropolitan District
Commission, the Director of the Office of Coastal Zone Management,
and six public members. DCR?s Office of Water Resources acts as
technical staff to the WRC.
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What is the Threshold Amount of water for Interbasin
Transfer Review?
There is no Threshold!
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No Threshold! Does that
mean any transfer must go through the Interbasin Transfer process?
What about amounts under 1 mgd?
Not all transfers must go through the process, but most proponents
should contact WRC staff (626-1366) to determine which level of
review is needed.
The Act has specific exemptions (found in 313 CMR 4.02(g) through
(l)). Section 8B of the Act specifically exempts transfers between
basins, but within a single town.
Projects that were approved under existing environmental regulations,
but not constructed before the effective date of the Act are ?grandfathered?
and not subject to review (e.g. the MDC?s sewering project in Holden
and West Boylston...it was determined that this project was not
subject to review because the original capacity of the existing
system was sized to accommodate flows from the portions of the communities
to be sewered).
If a transfer is under 1 mgd, the proponent may apply to the WRC
for a Determination of Insignificance. This is a formal review process
required under the Act, however, it is more streamlined than a full
ITA review.
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What is meant by "Level
of Review"?
The Act's regulations provide for three formal levels of review:
- Applicability (Does the Act Apply?): This level is used for
projects in which there is some uncertainty about the jurisdiction
of the Act. The WRC has 90 days from receiving a completed Request
for Determination of Applicability to make a decision.
- Insignificance: If a project will transfer less than 1 mgd,
the proponent can apply to the WRC for a Determination of Insignificance.
As mentioned above, this a formal process. The Determination is
based solely on the environmental impact of the proposed transfer.
Some transfers of less than 1 mgd have been determined to be significant
(the proposed 0.5 mgd Brockton Pine Brook Transfer and the proposed
0.59 mgd Stoughton Cedar Swamp wellfield). The Criteria for determining
Insignificance is listed in 313 CMR 4.04(4). The WRC has 90 days
from receiving a completed Request for Determination of Insignificance
to make a decision.
- Approval: The Act and regulations state that in no case can
a transfer of 1 mgd or more be considered Insignificant. A full
ITA review for approval involves two public hearings, which must
be held before a decision can be issued. The WRC has 60 days from
receiving a completed Request for Approval to hold public hearings
and 60 days from the completion of the public hearings to make
a decision.
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What kind of public notification
of the process is given?
The WRC is required to publish certain notices in the Environmental
Monitor:
- A notice of a Request for Determination of Applicability or
Insignificance must be published within 31 days of receipt.
- The Commission?s Determination of Applicability or Insignificance
decision must be published.
- Notice of receipt of an application for approval must be published.
- Notice of the public hearings must be published not less than
21 days before the hearings.
The WRC is further required to:
- Send the notice of a Request for Determination of Applicability
or Insignificance to the municipalities directly affected by the
proposal.
- Send the notice of receipt of an application for approval to
the municipalities directly affected.
- Have the notice of public hearings required for an application
for approval published in at least one newspaper of general circulation
in both the donor and receiving basins.
- Send the notice of public hearings required for an application
for approval to the appropriate Boards of Selectmen, Mayors, Conservation
Commissions, Planning Boards, Water and Sewer Departments, Boards
of Health, Commissions or Districts of the directly affected communities
and regional planning agencies.
In addition, copies of the above notices are sent to the affected
watershed associations and the EOEA basin team leader.
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How are Interbasin Transfer
applications evaluated?
- A Determination of Applicability is evaluated based on the
physical properties of the project and whether or not it falls
under the definition of Interbasin Transfer as defined in the
regulations (313 CMR 4.02).
- A Determination of Insignificance is evaluated against the
criteria for determining insignificance, as listed in 313 CMR
4.04(4). In all cases, the proposed transfer must be less than
1 mgd.
- An Application for Approval is evaluated against the eight
criteria listed under 313 CMR 4.05. In addition, the WRC is in
the process of adopting performance standards to measure compliance
with these criteria.
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Where are the WRC's decisions
on interbasin transfers filed?
- Decisions on Requests for Determination of Applicability or
Insignificance must be published in the Environmental Monitor.
- Decisions to approve or deny an Application for Approval must
be published in the Massachusetts Register and filed with the
Clerks of the House of Representatives and Senate within 30 days
of the WRC?s final action.
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Who can I call to find
out more about the Interbasin Transfer Act?
You can start by calling Michele Drury at DCR?s Office of Water
Resources, 617-626-1366, or see the Contacts
section of this site.
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