Mass. Gen. Laws ch. 21G, § 1
Short title
Section 1. This chapter shall be known and may be cited as the ''Massachusetts Water Management Act''.
Massachusetts General Laws Chapter 21G — Massachusetts Water Management Act
Massachusetts · statute · Mass. Gen. Laws ch. 21G · 20 active provisions
Mass. Gen. Laws ch. 21G, § 2
Definitions
Section 2. As used in this chapter, the following words shall, unless the context clearly indicates otherwise, have the following meanings:— ''Annual statement of withdrawal'', an annual statement of the volume of water a person is withdrawing pursuant to a registration statement or permit, filed with the department in…
Mass. Gen. Laws ch. 21G, § 3
Planning and management of water use and conservation; advisory committee; regulations
Section 3. The department and commission shall cooperate in the planning, establishment and management of programs to assess the uses of water in the commonwealth and to plan for future water needs. The commission shall adopt principles, policies and guidelines necessary for the effective planning and management of wat…
Mass. Gen. Laws ch. 21G, § 4
Withdrawal volume threshold
Section 4. The withdrawal volume threshold to be applied pursuant to sections five and seven shall be one hundred thousand gallons per day. The department may, by regulation, raise or lower the threshold volume established in this section upon a finding that such different threshold is necessary and adequate to protect…
Mass. Gen. Laws ch. 21G, § 5
Registration statements; filing
Section 5. Each person making an existing withdrawal in excess of the threshold volume shall file a registration statement in accordance with the regulations adopted by the department, on or before January first, nineteen hundred and eighty-eight; provided, however, that, if the department lowers the threshold volume p…
Mass. Gen. Laws ch. 21G, § 6
Contents of registration statements
Section 6. The regulations issued by the department shall specify the form and required contents of a registration statement and the terms under which an existing withdrawal may be continued by a person other than the original registrant. At a minimum, such regulations shall specify that the registration statement must…
Mass. Gen. Laws ch. 21G, § 7
Issuance of permits; criteria and standards
Section 7. The department shall, by regulation, specify, for each water source from which withdrawals are to be permitted, a date upon which its regulations establishing criteria, standards and procedures for issuing permits shall become effective. No person may, after the effective date thus specified, make a new with…
Mass. Gen. Laws ch. 21G, § 8
Permit applications; contents
Section 8. The regulations adopted by the department shall specify the form and required contents of a permit application. At a minimum, such regulations shall specify that the application must contain:— (1) The need for the proposed withdrawal; (2) The reasons for the withdrawal and the use of the water to be withdraw…
Mass. Gen. Laws ch. 21G, § 9
Processing permit applications; notice of proposed withdrawal
Section 9. All applications for permits shall be submitted to the department in conformance with the rules and on the forms adopted under sections seven and eight for the processing of permit applications. A copy of the application shall be filed in the office of the water resources management official of the city or t…
Mass. Gen. Laws ch. 21G, § 10
Recommendations
Section 10. The department shall, by regulation, establish a procedure to be followed in obtaining recommendations from local officials or bodies, regional planning agencies, or others including any comments received by the water resources management official pursuant to section nine, for use by the department in makin…
Mass. Gen. Laws ch. 21G, § 11
Issuance of permits; conditions; findings
Section 11. In accordance with rules adopted under section seven, the department may issue permits for any new withdrawal of water if it determines that the withdrawal will conform to the regulatory standards established. The department may attach to any permit whatever conditions it deems necessary to further the purp…
Mass. Gen. Laws ch. 21G, § 12
Adjudicatory hearing; judicial review
Section 12. Any person aggrieved by a decision of the department with respect to a permit application or an addition to an existing withdrawal may request an adjudicatory hearing before the department under the provisions of chapter thirty A. Any such decision shall contain a notice of this right to request a hearing a…
Mass. Gen. Laws ch. 21G, § 13
Examination of activities involving water withdrawal
Section 13. For the purpose of determining compliance with this chapter or any regulations adopted thereunder, the duly authorized agents and employees of the department may at all reasonable times enter and examine any property, facility, operation or activity involving the withdrawal of water. The owner, operator or…
Mass. Gen. Laws ch. 21G, § 14
Enforcement orders; civil administrative penalties; actions by attorney general; punishment
Section 14. The department may issue such orders as are reasonably necessary to aid in the enforcement of the provisions of this chapter. The orders shall include, but shall not be limited to, orders modifying, suspending or revoking permits, well driller certifications under section 20 of this chapter, and orders requ…
Mass. Gen. Laws ch. 21G, § 15
Water emergency declaration
Section 15. Any city or town or any water company, public agency or authority of the commonwealth or its political subdivisions which is the operator of a public water system may petition the department for a declaration of a state of water emergency pursuant to this section. The department may require such city, town…
Mass. Gen. Laws ch. 21G, § 16
State of water emergency; eminent domain; authorization; notice
Section 16. During a state of water emergency, declared under section fifteen, if the department has approved a plan designed to bring about an expeditious end to the emergency, a water company, public agency or authority of the commonwealth or its political subdivisions which is the operator of a public water system a…
Mass. Gen. Laws ch. 21G, § 17
State of water emergency; orders
Section 17. During a state of water emergency declared under section fifteen, the department, to the extent not in conflict with applicable federal law or regulation but notwithstanding any general or special law, local law or contractual agreement to the contrary, shall be empowered to issue orders, applicable within…
Mass. Gen. Laws ch. 21G, § 18
Registration and permit application fee schedules
Section 18. The department shall, by regulation, establish reasonable registration and permit application fee schedules which shall be based upon, and not exceed, a reasonable portion of the estimated cost of processing, monitoring, administering and enforcing the registration statements and permits. The department sha…
Mass. Gen. Laws ch. 21G, § 19
Public water system rates; propriety
Section 19. Nothing in this chapter shall limit the authority of the department of telecommunications and energy to rule on the propriety of any rates charged by any public water system subject to its jurisdiction; provided, however, that in making such a ruling the department of telecommunications and energy may consi…
Mass. Gen. Laws ch. 21G, § 20
Persons engaged in business of digging or drilling wells; certification; reports
Section 20. No person shall engage in the business of digging or drilling wells within the commonwealth unless he has filed a certification with the department. Each person intending to engage in said business shall certify annually with said department and upon payment of a fee determined annually by the department sh…