FW: 310 CMR 44.00 Modifications: State Revolving Fund to Promote Smart Growth & Sustainable Development
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Officer Patrick Johnston
Everett Police-Marine Unit
617-905-3747----- Original Message -----From: MassDEPTo: wigzamore@...Sent: Friday, January 12, 2007 4:46 PMSubject: 310 CMR 44.00 Modifications: State Revolving Fund to Promote Smart Growth & Sustainable Development
EMAIL NOTIFICATION: PROPOSED NEW REGULATIONS FOR PUBLIC COMMENT
310 CMR 44.00 Modifications to the State Revolving Fund (SRF) to promote Smart Growth and Sustainable Development
To: MassDEP’s Regulations List-Serv and Commissioner’s Advisory Committee
Name & Citation of Regulation(s): 310 CMR 44.00 Modifications to the State Revolving Fund (SRF)
Brief Explanation and Rationale for Proposed Changes:
The regulations set forth the Department’s responsibilities to select, approve and regulate water pollution abatement projects receiving financial assistance under the State Revolving Fund Program (SRF). The regulations specify which projects are eligible for financial assistance from the SRF and the planning required for projects that may receive financial assistance from the SRF.
The main purpose of this revision is to promote Smart Growth, Sustainable Development and the “Fix it First Philosophy,” by giving a higher priority to projects that address existing sources of pollutants to the waters of the Commonwealth over projects that contribute to sprawl and the loss of green space by extending infrastructure to previously undeveloped areas. To this end, the revisions change the eligibility criteria for wastewater collection system projects set forth in 310 CMR 44.04(d).
The existing regulations provide that for a wastewater collection system to be eligible for financial assistance from the SRF, at least 75% of the flow to the system must be in existence as of 1995. To promote smart growth and facilitate brownfield cleanups, the proposed revisions increase this percentage to 85% and reduce this percentage to 50% for areas designated as city or town centers, rural village districts or brownfield districts.
The existing regulations also provide that nonpoint source projects are eligible for SRF financial assistance. The proposed revisions expand the definition of eligible nonpoint source projects to include brownfield projects and green energy projects. These revisions should also facilitate brownfield cleanups and support new technologies .
The draft regulations maintain the requirement that local governments receiving financial assistance shall comply with applicable federal and state anti-discrimination laws and requirements including the Department’s requirements in the areas of affirmative action in employment and minority and women business utilization in contracting.
With these regulations, MassDEP will be in a position to provide financial assistance to more projects. These regulations should also promote smart growth and provide funds to communities interested in addressing a broad range of nonpoint sources including brownfields. Finally, these regulations should further support the state’s ongoing effort to remediate embayments that have excessive concentrations of nutrients from nonpoint sources.
Web Link to View Draft Regulations:
Public Hearing Information (as applicable):
The hearing on the proposed changes to 310 CMR 44.00 will be held on February 14, 2007 10:00 am 12:00 noon at:
MassDEP Boston Office
One Winter Street, 2 nd Floor Conference Room
Boston, MA 02108
Persons desiring to comment on the proposed changes may provide oral testimony at the hearing on the proposed changes to 310 CMR 44.00 or in writing to MassDEP at any time through February 24, 2007.
Publication in Massachusetts Register
Regulations were sent to Secretary of State’s Office on January 5, 2007 for publication in the Massachusetts Register on January 26, 2007.
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