1. Instructions: BRP 23, 24 doc format of BRP WS 23/24 Instructions
pdf format of                             BRP WS 23/24 - Treatment Facility Construction

  2. Form: BRP WS 23, 24 doc format of BRP WS Permit/Approval Application
pdf format of                             Application for Water Supply Permits or Approvals

  3. Transmittal Form & Number for Permit Application & Payment

Permit Fact Sheet 

  1. What is the purpose of this approval?

    These approvals serve to protect the public health by ensuring that the application meets minimum drinking water requirements and conforms to current Division of Water Supply guidelines and policies contained in Guidelines and Policies for Public Water Systems . This publication is available at the State House Bookstore.

    Apply in category BRP WS 23 A, B, or C if your facility will treat less than one million gallons per day.  The specific subcategory is determined by the design capacity of the system:

    BRP WS23A:  less than 40,000 gallons per day (gpd)
    BRP WS23B:  40,000 gpd or more and less than 200,000 gpd
    BRP WS23C:  200,000 gpd or more and less than 1 million gpd

    Apply in category BRP WS 24 if your facility will treat more than one million gallons per day. Legislative authority for both approvals is stated in MGL Chapter 111, section 160A. Regulatory authority for these approvals is stated in 310 CMR 22.04.
  2. Who must apply?

    Public water systems (PWS) or their designated representatives seeking approval to construct a treatment facility.
  3. What other requirements should be considered when applying for this approval?

    If the PWS or their representative applies for either of these permits it may be necessary to apply for other water treatment permits, e.g. BRP WS 21, 22, or 25.

    Approvals of this type may require Massachusetts Environmental Policy Act (MEPA) Office review. Please carefully examine 301 CMR 11.00, the MEPA Regulations, to determine if your project exceeds the MEPA review thresholds, or for more information contact the MEPA Office of the Executive Office of Environmental Affairs (100 Cambridge Street, Suite 900, Boston, MA 02114; (617-626-1020).  If MEPA review is required by regulation, MassDEP cannot begin technical review of the application until the MEPA process has been completed, unless otherwise agreed to in writing. Copies of MEPA filings (with reference to any applicable Transmittal numbers) should be sent to the MEPA Coordinator in the appropriate Regional Office.

    Note: These additional requirements are intended to serve as a guide to the applicant. It does not necessarily include all additional requirements.
  4. What is the application fee?

    The fee structures associated with these approvals are stated in 310 CMR 4.10(5) (dd). See Permit Application Timelines and Fees Schedule  pdf format of Permit Application Timelines and Fees Schedule
  5. Where should this application be submitted?

    Submit:  a) the completed BRP WS Application form; b) the completed original copy of the MassDEP Transmittal Form for Permit Application and Payment; and, c) any required supporting documentation to your MassDEP Regional Office.  
    Find Your Region  
    At the bottom of the address label please type:  Attn:  Drinking Water Program.
  6. Where should I send the fee payment for this application?

    Submit the applicable fee payment and a copy of the MassDEP Transmittal Form for Permit Application and Payment to:

    P.O. Box 4062
    Boston, MA 02211
  7. What are the timelines?

    As of December 25, 1998, if MassDEP fails to complete its review of an adequately prepared BRP WS Application that has been submitted with the transmittal form and applicable fee within the specified timelines, the fee will be refunded.  The timelines as specified in 310 CMR 4.00 are:

    BRP WS 23:
    Administrative Completeness Review:  30 days;
    Technical Review:  90 days;
    Applicant Response to Deficiencies:  180 days (only if required); and, 
    Second Technical Review:  90 days (only if required).

    BRP WS 24:  Individual Rule Project subject to 310 CMR 4.05.

    Notes:  There is no public comment period for these permits.  The timeline for the Supplemental Technical Review is calculated from the date that any deficiencies identified in the initial Technical Review are received by MassDEP.
  8. What is the annual compliance fee?

    Currently, there is no annual compliance fee for this permit.
  9. How long is this approval in effect?

    These approvals shall remain in effect for 2 years from the approval date or as otherwise determined by MassDEP, as long as the applicant continues to meet drinking water standards and conforms to current guidelines and policies, described in Guidelines and Policies for Public Water Systems .
  10. How can I avoid the most common mistakes made in applying for these approvals?
    1. Fill in all information on the BRP WS Application form.
    2. Attach all requested material (with the exception of the permit fee) on the Application Completeness Checklist to the BRP WS Application.
    3. Make sure that the BRP WS Application submittal package, including the application completeness checklist, and the original copy of the MassDEP Transmittal Form is submitted to the appropriate office of MassDEP. Find Your Region
    4. Submit fee and one copy of the MassDEP Transmittal Form to: MassDEP, P.O. Box 4062, Boston, MA 02211. DO NOT submit your BRP WS Application package with your payment.
  11. What are the regulations that apply to these approvals? Where can I get copies?

    These regulations include, but are not limited to:
    1. Drinking Water Regulations, 310 CMR 22.00.
    2. Timely Action and Fee Provisions, 310 CMR 4.00.
    3. Administrative Penalty Regulations, 310 CMR 5.00.
  12. These may be purchased online, in person, or by mail at the Massachusetts State Bookstore .