Code of Massachusetts Regulations
105 CMR - DEPARTMENT OF PUBLIC HEALTH
Title 105 CMR 445.000 - State sanitary code chapter VII: Minimum standards for bathing beaches
Section 445.032 - Collection of Bathing Water Samples
Universal Citation: 105 MA Code of Regs 105.445
Current through Register 1531, September 27, 2024
(A) Location.
(1) The
Board of Health, for public and semi-public bathing beaches that are not
operated by the Commonwealth, shall approve sampling locations at each bathing
beach in its jurisdiction.
(2) The
Department, for bathing beaches that are operated by the Commonwealth, shall
approve sampling locations at each bathing beach in its jurisdiction.
(3) Samples of bathing water shall be taken
at locations within areas of greatest bather load.
(4) Additional samples shall also be obtained
at any critical location subject to contamination from business developments,
dwellings, streams, sewer outfall pipes or other sources.
(5) At locations where there are multiple
beach operators within 500 meters of shoreline, the beach operators may
designate a single sampling location, known as a surrogate sampling point,
which will provide sufficient protection to public health as approved by the
local Board of Health. These locations must meet the following criteria:
(a) Bathing beaches must not be physically
separated from the surrogate sampling point by natural or man-made formations.
These may include:
1.embayments or
peninsulas;
2.streams, rivers, or
creeks;
3.jetties or other bounding
structures;
4.stormwater or
combined-sewer overflow outfalls.
(b) At any time the results of a bacterial
test exceed the levels in
105 CMR
445.030, all beach operators using a
surrogate sampling point must comply with 445.040.
(c) Each beach operator utilizing a surrogate
sampling point will be equally responsible for the costs of testing, monitoring
and analysis.
(d) 30 days prior to
the beginning of the beach season, the local Board of Health must notify the
Department of the beach operators utilizing a surrogate sampling point, their
location, and the location of the surrogate sampling point.
(e) The local Board of Health or the
Department may require any or all of the beach operators to discontinue the use
of surrogate sampling points at any time the bathing waters are found to be
unfit, subject to contamination as to constitute a menace to public health, or
do not provide sufficient protection to protect public health.
(B) Sample Collection. Samples shall be obtained in accordance with the procedures recommended by the most recent edition of the Standard Methods for the Examination of Water and Waste Water of the American Public Health Association or as approved by the United States Environmental Protection Agency.
(C) Frequency.
(1) The
Board of Health, its agent, or any other authorized person shall collect the
bacteriologic samples:
(a) Within the five
days immediately preceding the opening of the bathing season; and
(b) At least weekly during the bathing season
at a time and day approved by the Board of Health or the Department;
and
(c) Prior to reopening a beach
after closure due to the presence or suspected presence of any of the
conditions specified in
105 CMR
445.030(B)
(2) Testing for oil, hazardous
materials, or heavy metals shall only be required if the operator, the Board of
Health, or the Department has information indicating possible contamination of
the bathing beach or bathing waters from oil, hazardous materials or heavy
metals.
(D) Field Data. Physical conditions noted at the time of sampling shall be recorded on a form provided by the Department.
(E) Personnel. Samples shall be taken by the Board of Health, the Department, their duly authorized representatives or other qualified persons as determined by the Board of Health or the Department.
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