Code of Massachusetts Regulations
310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION
Title 310 CMR 32.00 - Land Application of Sludge and Septage
Section 32.22 - Water Pollution Prevention Requirements for Land Application of Type II or Type III Sludge or Septage

Universal Citation: 310 MA Code of Regs 310.32

Current through Register 1537, December 20, 2024

(1) Protecting Public Water Supplies.

(a) Except as provided in 310 CMR 32.22(1)(b), no Type II or Type III sludge or septage shall be land applied anywhere within a radius of 2, 500 feet of a well used as a source of drinking water supply by a public water system. Except as provided in 310 CMR 32.22(1)(b), no sludge or septage shall be land applied within 2, 500 feet of the high water mark of any Class A water.

(b) Land application of Type II or Type III sludge or septage within a radius of 2, 500 feet of a well used as a source of drinking water supply by a public water system, or within 2, 500 feet of the high water mark of any Class A water, may be approved only if the following requirements are met:
1. a person wishing to land apply such sludge or septage in such a location applies in writing to the Department for approval to do so; and

2. the applicant persuades the Department that the sludge or septage contains no significant concentration of organic chemicals; and

3. the applicant persuades the Department, based upon a hydrogeologic study, that there is and will be no significant risk of pollution of any water mentioned in 310 CMR 32.22(1)(a); and

4. the Department expressly and in writing approves such land application, subject to a determination by the Department that the applicant has made the showings required by 310 CMR 32.22(1)(b)2 and 3; and

5. no land application of such sludge or septage shall be allowed anywhere within a radius of 400 feet of a well used as a source of drinking water supply by a public water system; and

6. such land application is otherwise in compliance with 310 CMR 32.00 and with the terms and conditions of the approval granted by the Department.

(2) Protecting Private Drinking Water Supply Wells. No Type II or Type III sludge or septage shall be land applied anywhere within a radius of 300 feet of a private drinking water supply well.

(3) Protecting Other Surface Waters. The Department may on a case-by-case basis establish a distance between the location of the land application site and surface water to which 310 CMR 32.22(1) does not apply for the purpose of preventing adverse impacts on the use or quality of that surface water.

(4) Protecting Drainage Channels. No Type II or Type III sludge or septage shall be land applied within the high water mark of field depressions or ditches through which water flows during snow melts or heavy rainfall.

(5) Groundwater Monitoring. The Department may, on a case-by-case basis, require groundwater monitoring when the Department deems such action necessary or appropriate to assure or verify compliance with 310 CMR 32.00.

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