Code of Massachusetts Regulations
310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION
Title 310 CMR 43.00 - Site Selection Criteria For Low-level Radioactive Waste Management Facilities
Section 43.21 - Surface Water Drinking Supplies and Resource Protection
Universal Citation: 310 MA Code of Regs 310.43
Current through Register 1531, September 27, 2024
(1) Exclusion Criteria.
(a)
Class
A Water Supplies. Exclude any site where the probable waste
management area would be located within the watershed of a Class A public
surface drinking water supply as defined in
314 CMR
4.05(3)(a).
(b)
Class B Public Drinking Water
Supplies. Exclude any site where the probable waste management
area will be located within any of the following area of a Class B public
surface drinking water supply as defined in
314 CMR
4.05(3)(b): 400 feet from
the 100 year flood plain elevation extending 1/2 mile upgradient from the
supply intake and extending 200 feet downgradient from the supply intake or to
the physical spillway, whichever downgradient distance is less.
(c)
Flood Plain,100
year. Exclude any site in which the probable waste management area
would be within any 100 year flood plain.
(d)
Wetlands.
Exclude sites where the probable waste management area would be located within
100 feet of a resource area protected by the Wetlands Protection Act, M.G.L.
c.131,§ 40 and
310 CMR
10.00.
(e)
Poor Draining Areas. Exclude from the site any land
that does not drain well and is subject to periodic flooding or frequent
ponding.
(f)
Runoff
Retention. Exclude from the site upland drainage areas which, due
to their size, geometry, and surface characteristics, are unable by natural
drainage patterns and normal engineering drainage controls to reliably channel
the surface runoff expected from a statistical 100 year precipitation event
without significantly eroding or inundating the probable waste management
area.
(g)
Coastal High
Hazard Zones. Exclude sites in coastal high hazard
zones.
(h)
Dams. Exclude sites in areas subject to inundation by
the failure of an existing dam.
(i)
Surface Water Discharges. Exclude sites in which a
hydrogeologic unit within the probable waste management area discharges
groundwater to the surface within the site.
(2) Conditional Consideration Criteria.
500 Year Floodplain. Consider sites in which the probable waste management area would be located inside any 500 year flood plain on compliance with the provisions of 310 CMR 43.40(3).
(3) Preference Criteria.
(a)
Minimizing Impact to Water Resources .
1. Prefer sites with a lower potential for
radioactive substances to impact tributaries and surface water bodies resulting
in harm to human, animal or aquatic life or the most sensitive designated use,
over sites with a higher potential for such impact.
2. Prefer sites with a lower potential for
radioactive substances to impact tributaries or surface water bodies resulting
in radionuclides in aquatic life exceeding the recommended limits for
consumption by humans, over sites with a higher potential for such
impact.
3. Prefer sites with a
lower potential for radioactive substances to impact tributaries or surface
water bodies resulting in exceeding Massachusetts drinking water standards,
310CMR 22.09, over sites with a higher potential for such an impact.
(b)
Distance from
Environmentally Sensitive Surface Waters. Prefer sites further
away from intakes and tributaries of free flowing surface water supplies,
lakes, rivers not including intermittent streams, outstanding resource waters
and resource areas protected by the Wetlands Protection Act (M.G.L. c.
131,§ 40), over sites closer to such surface waters.
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