Current through Register 1531, September 27, 2024
(1) To protect
surface waters used as sources of drinking water supply from contamination, the
requirements of 310 CMR 22.20B shall apply to Zones A, B, C of a surface water
source, except at:
(a) Rivers and streams
designated as Class B waters pursuant to 314 CMR 4.00: Massachusetts
Surface Water Quality Standards which are used as drinking water
sources and are not impounded at some point by means of a dam or dike to create
a reservoir at which the water supply intake is located;
(b) Emergency sources approved by the
Department under the provisions of M.G.L. c. 21G.
(2) On and after January 1, 2001, a public
water system shall prohibit the following new or expanded land uses within the
Zone A of its surface water sources.
(a) All
underground storage tanks,
(b)
Above-ground storage of liquid hazardous material as defined in M.G.L. c. 21E,
or liquid propane or liquid petroleum products, except as follows:
1. The storage is incidental to:
a. normal household use, outdoor maintenance,
or the heating of a structure;
b.
use of emergency generators;
c. a
response action conducted or performed in accordance with M.G.L. c. 21E and 310
CMR 40.000: Massachusetts Contingency Plan and which is exempt
from a ground water discharge permit pursuant to 314 CMR 5.05(14);
and
2. The storage is
either in container(s) or above-ground tank(s) within a building, or outdoors
in covered container(s) or above-ground tank(s) in an area that has a
containment system designed and operated to hold either 10% of the total
possible storage capacity of all containers, or 110% of the largest container's
storage capacity, whichever is greater. However, these storage requirements do
not apply to the replacement of existing tanks or systems for the keeping,
dispensing or storing of gasoline provided the replacement is performed in
accordance with applicable state and local requirements;
(c) Treatment or disposal works subject to
314 CMR 3.00:
Surface Water Discharge Permit Program or 5.00:
Ground Water Discharge Permit Program, except the following:
1. the replacement or repair of an existing
treatment or disposal works that will not result in a design capacity greater
than the design capacity of the existing treatment or disposal works;
2. treatment or disposal works for sanitary
sewage if necessary to treat existing sanitary sewage discharges in
non-compliance with 310 CMR 15.000: The State Environmental Code, Title
5: Standard Requirements for the Siting, Construction, Inspection, Upgrade and
Expansion of On-site Sewage Treatment and Disposal Systems and for the
Transport and Disposal of Septage, provided the facility owner
demonstrates to the Department's satisfaction that there are no feasible siting
locations outside of the Zone A. Any such facility shall be permitted in
accordance with 314 CMR 5.00: Ground Water Discharge Permit Program
and shall be required to disinfect the effluent. The Department may
also require the facility to provide a higher level of treatment prior to
discharge;
3. treatment works
approved by the Department designed for the treatment of contaminated ground or
surface waters and operated in compliance with 314 CMR 5.05(3) or
(13).
4. discharge by public water
system of waters incidental to water treatment processes.
(3)
(a) All on-site subsurface sewage disposal
systems, as defined in 310 CMR 15.000: The State Environmental Code,
Title 5: Standard Requirements for the Siting, Construction, Inspection,
Upgrade and Expansion of On-site Sewage Treatment and Disposal Systems and for
the Transport and Disposal of Septage, within Zones A, B, and C, shall
be in compliance with the requirements of 310 CMR 15.000.
(b) Within the Zone A of all surface water
supplies and tributaries as defined in 310 CMR 22.02, all sewer lines and
appurtenances are prohibited, except as required to eliminate existing or
potential pollution to the water supply, or where the crossing of tributaries
is necessary to construct a public sewer system. Where the exception is met,
watertight construction of sewer lines and manholes shall be used.
(c) Within 1,000 feet of surface water
supplies and tributaries, all pumping stations shall have standby power and
high water alarms telemetered to an appropriate location that is manned at all
times. An emergency contingency plan must be developed by the owner of the
wastewater treatment facility and submitted to the Department for
approval.
(d) Beyond 1,000 feet,
and within the watershed of surface water supplies, the Department may in
specific circumstances, after review, require additional controls when deemed
necessary for protection of public health.
(4) No stabling, hitching, standing, feeding
or grazing of livestock or other domestic animals shall be located,
constructed, or maintained within 100 feet of the bank of a surface water
source or tributary thereto. Owners and operators of agricultural operations
should consult the Massachusetts Department of Agricultural Resources
On-farm Strategies to Protect Water Quality - An Assessment &
Planning Tool for Best Management Practices (December 1996) for
information about technical and financial assistance programs related to
erosion and sediment control and nutrient, pest, pesticide, manure, waste,
grazing, and irrigation management.
(5) No burial shall be made, except by
permission in writing by the Board of Water Commissioners or like body having
jurisdiction over such source of supply, in any cemetery or other place within
100 feet of the high water mark of a source of public water supply or tributary
thereto. No lands not under the control of cemetery authorities and used for
cemetery purposes, from which lands the natural drainage flows into said source
of water supply or tributary thereto, shall be taken or used for cemetery
purposes until a plan and sufficient description of the lands is presented to
the Department and until such taking or use is expressly approved in writing by
the Department.
(6) No person shall
swim, wade or bathe in any public surface water source and no person shall,
unless permitted by written permit by the Board of Water Commissioners or like
body having jurisdiction over such source, fish in; enter or go in any boat,
seaplane, or other vehicle; enter upon the ice for any purpose, including the
cutting or taking of ice; or cause or allow any animal to go into, or upon, any
surface water source or tributary thereto.
(7)
Enforcement. A
public water system has the following enforcement responsibilities with respect
to protection of the Zone A, B, and C of its surface water source(s)
(a) A public water system shall conduct
regular and thorough inspections of Zones A, B, and C to determine and enforce
compliance with 310 CMR 22.20B. The public water system shall take prompt
enforcement actions against persons violating 310 CMR 22.20B, and report all
such enforcement actions to the Department in the system's Annual Statistical
Report the results of the regular inspections made during the preceding
calendar year. The report shall include the number and dates of the
inspections, the number, nature and outcome of violations found, and enforced
against by the public water system, and the general condition of the watershed
at the time of the last inspection.
(b) the public water system shall document on
a form provided by the Department and submitted to the Department in calendar
year 2001, that the public water system has established a protocol that
provides the system with an opportunity to review and comment on all proposed
new or expanded land uses or activities within the watershed of its surface
water source(s) to local boards, commissions and other authorities with primary
responsibilities for approving such uses and activities.
(c) The Department may take enforcement
actions against any public water system which fails to carry out its
enforcement responsibilities under 310 CMR 22.20B, or may enforce directly
against persons violating 310 CMR 22.20B.
(8) No person shall apply herbicides to any
surface water body including but not limited to any reservoir and their
tributaries, which serve as a source of public water supply without a permit
issued by the Department pursuant to M.G.L. c. 111, § 5E. This requirement
does not apply to the application of algaecides containing copper by the public
water system. However, the public water system shall notify the Department in
writing prior to the application of such algaecides.
