Current through Register 1531, September 27, 2024
(1) Boards of
health or health departments in municipalities directly impacted by the
discharge or overflow shall issue a public health warning to impacted residents
of the municipality upon receipt of a public advisory notification if any of
the following circumstances applies:
(a) For
CSO, partially treated, and blended wastewater discharges, if the discharge has
a duration longer than two hours;
(b) For CSO, partially treated, and blended
wastewater discharges, if the board of health or health department determines
that a public health warning is necessary to protect public health, regardless
of the duration of the discharge; or
(c) For any SSO that requires notification
pursuant to 314 CMR 16.03(1)(c) through (e).
(2) Boards of health and health departments
shall issue the public health warning using existing emergency notification
systems, including if available, a reverse 911 emergency call system.
(3) When more than one discharge or overflow
can occur on a waterbody, the boards of health or health departments shall
determine whether the first public health warning is sufficient or whether
additional public health warnings are required.
(4) At a minimum, the public health warning
shall identify receiving waters affected and shall include:
(a) The location, date, and time of the
discharge or overflow;
(b) A
recommendation that the public avoid contact with affected water bodies for at
least 48 hours after a sewage discharge or overflow, and during rainstorms and
for 48 hours after rainstorms end, due to increased health risks from bacteria
or other pollutants associated with urban stormwater runoff and discharges of
untreated or partially treated wastewater;
(c) Information on where to find the closure
or advisory status of shellfish growing areas, beaches, or other water resource
areas potentially affected by the discharge or overflow; and (d) Access to
translations of the warning, as appropriate for neighborhoods identified as
environmental justice populations due to lacking English language proficiency,
in the language(s) most appropriate for those neighborhoods.
(5) When boards of health or
health departments issue a public health warning, they shall also post or cause
to be posted a temporary sign or use a permanent sign, at conspicuous locations
affording public access to the waterbody, as identified by the board of health
or health department, in municipalities directly impacted by the discharge or
overflow. Temporary signage is not required at permitted bathing beaches or
shellfish growing areas that are monitored and posted pursuant to Department of
Public Health or Division of Marine Fisheries requirements. Permanent signs
installed and maintained by permittees in accordance with 314 CMR 16.05(3) may
be used for this purpose.
(a) If a temporary
sign is used, the sign shall read: "WARNING! AVOID CONTACT WITH WATER - MAY
CAUSE ILLNESS" and display an infographic showing no fishing, boating, or
swimming. In neighborhoods identified as environmental justice populations due
to lacking English language proficiency, the sign shall include translation of
the text above and provide access to translations of the following information
in the language(s) most appropriate for those neighborhoods: text stating that
the reason for the warning is inform people about the potential for sewage in
surface waters; the requirements specified in
310
CMR 16.04(10)(b);
information on where to determine the closure or advisory status of shellfish
growing areas, beaches, or other water resource areas potentially affected by
the discharge or overflow; and contact information for the board of health or
health department.
(b) The local
board of health or health department, the permittee as specified in 314 CMR
16.05(3), or any other person may install a permanent sign. If used, such a
sign must convey the information required by 314 CMR 16.09(5)(a) and must be
updated with such information in a timely manner.
