(a)
Class SA. Those
Coastal and Marine Waters so designated pursuant to
314 CMR
4.06; including, without limitation,
314 CMR 4.06(2)
and (5), and certain qualified waters
designated in
314 CMR
4.06(6)(b). These waters are
designated as an excellent habitat for fish, other aquatic life and wildlife,
including for their reproduction, migration, growth and other critical
functions, and for primary and secondary contact recreation. In certain waters,
excellent habitat for fish, other aquatic life and wildlife may include, but is
not limited to, seagrass. Where designated for shell fishing in
314 CMR
4.06(6)(b), these waters
shall be suitable for shellfish harvesting without depuration (Approved and
Conditionally Approved Shellfish Areas). These waters shall have excellent
aesthetic value. In the case of a water intake structure at a desalination
facility, the Department has the authority under
33 U.S.C. §
1251 (FWPCA § 401), M.G.L. c. 21,
§§ 26 through 53 and
314 CMR 3.00:
Surface
Water Discharge Permit Program to condition the water intake structure
to assure compliance of the withdrawal activity with
314 CMR 4.00 including, but
not limited to, compliance with the narrative and numerical criteria and
protection of existing and designated uses.
1.
Dissolved Oxygen. Shall not be less than 6.0 mg/L.
Where natural background conditions are lower, DO shall not be less than
natural background. Natural seasonal and daily variations that are necessary to
protect existing and designated uses shall be maintained.
2.
Temperature.
a. Shall not exceed 85°F (29.4°C) nor
a maximum daily mean of 80°F (26.7°C), and the rise in temperature due
to a discharge shall not exceed 1.5°F (0.8°C);
b. there shall be no change from natural
background that would impair any uses assigned to this class, including those
conditions necessary to protect normal species diversity, successful migration,
reproductive functions or growth of aquatic organisms;
c. alternative effluent limitations
established in connection with a variance for a thermal discharge issued under
33 U.S.C. §
1251 (FWPCA, § 316(a)) and
314 CMR 3.00: Surface
Water Discharge Permit Program are in compliance with
314 CMR 4.00. As required by
33 U.S.C. §
1251 (FWPCA, § 316(a)) and
314 CMR 3.00, for permit and
variance renewal, the applicant must demonstrate that alternative effluent
limitations continue to comply with the variance standard for thermal
discharges; and d. in the case of a cooling water intake structure regulated by
EPA under
33 U.S.C. §
1251 (FWPCA § 316(b)), the Department
has the authority under
33 U.S.C. §
1251 (FWPCA § 401), M.G.L. c. 21,
§§ 26 through 53 and
314 CMR 3.00: Surface
Water Discharge Permit Program to condition the cooling water intake
structure to assure compliance of the withdrawal activity with
314 CMR 4.00 including, but
not limited to, compliance with narrative and numerical criteria and protection
of existing and designated uses.
3.
pH. Shall be in
the range of 6.5 through 8.5 standard units and not more than 0.2 standard
units outside of the natural background range. There shall be no change from
natural background conditions that would impair any use assigned to this
Class.
4.
Bacteria.
a. Waters
designated for shell fishing: fecal coliform shall not exceed a geometric mean
Most Probable Number (MPN) of 14 organisms per 100 mL, nor shall more than 10%
of the samples exceed an MPN of 28 per 100 mL, or other values of equivalent
protection based on sampling and analytical methods used by the Massachusetts
Division of Marine Fisheries and approved by the National Shellfish Sanitation
Program in the latest revision of the Guide for the Control of Molluscan
Shellfish (more stringent regulations may apply, see
314 CMR
4.06(1)(d)5.); and
b. For protection of primary
contact recreation, surface waters shall meet the minimum criteria for bacteria
set forth in 314 CMR 4.05(5)(f)2. and 3.
5.
Solids. These
waters shall be free from floating, suspended and settleable solids in
concentrations or combinations that would impair any use assigned to this
class, that would cause aesthetically objectionable conditions, or that would
impair the benthic biota or degrade the chemical composition of the
bottom.
6.
Color and
Turbidity. These waters shall be free from color and turbidity in
concentrations or combinations that are aesthetically objectionable or would
impair any use assigned to this class.
7.
Oil and Grease.
These waters shall be free from oil and grease and petrochemicals.
8.
Taste and Odor.
None other than of natural origin.
(b)
Class SB. Those
Coastal and Marine Waters so designated pursuant to
314 CMR
4.06; including, without limitation,
314 CMR 4.06(2)
and certain surface waters designated in
314 CMR
4.06(6)(b). These waters are
designated as a habitat for fish, other aquatic life and wildlife, including
for their reproduction, migration, growth and other critical functions, and for
primary and secondary contact recreation. In certain waters, habitat for fish,
other aquatic life and wildlife may include, but is not limited to, seagrass.
Where designated for shell fishing in
314 CMR
4.06(6)(b), these waters
shall be suitable for shellfish harvesting with depuration (Restricted and
Conditionally Restricted Shellfish Areas). These waters shall have consistently
good aesthetic value. In the case of a water intake structure at a desalination
facility, the Department has the authority under
33 U.S.C. §
1251 (FWPCA § 401), M.G.L. c. 21,
§§ 26 through 53 and
314 CMR 3.00:
Surface
Water Discharge Permit Program to condition the water intake structure
to assure compliance of the withdrawal activity with
314 CMR 4.00 including, but
not limited to, compliance with the narrative and numerical criteria and
protection of existing and designated uses.
1.
Dissolved Oxygen. Shall not be less than 5.0 mg/L.
Where natural background conditions are lower, DO shall not be less than
natural background. Natural seasonal and daily variations that are necessary to
protect existing and designated uses shall be maintained.
2.
Temperature.
a. Shall not exceed 85°F (29.4°C) nor
a maximum daily mean of 80°F (26.7°C), and the rise in temperature due
to a discharge shall not exceed 1.5°F (0.8°C) during the summer months
(July through September) nor 4°F (2.2°C) during the winter months
(October through June);
b. there
shall be no changes from natural background that would impair any uses assigned
to this class, including those conditions necessary to protect normal species
diversity, successful migration, reproductive functions or growth of aquatic
organisms;
c. alternative effluent
limitations established in connection with a variance for a thermal discharge
issued under
33 U.S.C. §
1251 (FWPCA, § 316(a)) and
314 CMR 3.00: Surface
Water Discharge Permit Program are in compliance with
314 CMR 4.00. As required by
33 U.S.C. §
1251 (FWPCA, § 316(a)) and
314 CMR 3.00, for permit and
variance renewal, the applicant must demonstrate that alternative effluent
limitations continue to comply with the variance standard for thermal
discharges; and
d. in the case of a
cooling water intake structure regulated by EPA under
33 U.S.C. §
1251 (FWPCA § 316(b)), the Department
has the authority under
33 U.S.C. §
1251 (FWPCA § 401), M.G.L. c. 21,
§§ 26 through 53 and
314 CMR 3.00: Surface
Water Discharge Permit Program to condition the cooling water intake
structure to assure compliance of the withdrawal activity with
314 CMR 4.00 including, but
not limited to, compliance with narrative and numerical criteria and protection
of existing and designated uses.
3.
pH. Shall be in
the range of 6.5 through 8.5 standard units and not more than 0.2 units outside
of the natural background range. There shall be no change from natural
background conditions that would impair any use assigned to this
Class.
4.
Bacteria.
a. Waters
designated for shell fishing shall not exceed a fecal coliform median or
geometric mean MPN of 88 organisms per 100 mL, nor shall more than 10% of the
samples exceed an MPN of 260 per 100 mL or other values of equivalent
protection based on sampling and analytical methods used by the Massachusetts
Division of Marine Fisheries and approved by the National Shellfish Sanitation
Program in the latest revision of the Guide For The Control of Molluscan
Shellfish (more stringent regulations may apply, see
314 CMR
4.06(1)(d)5.); and
b. For protection of primary contact
recreation, surface waters shall meet the minimum criteria for bacteria set
forth in 314 CMR 4.05(5)(f)2. and 3.
5.
Solids. These
waters shall be free from floating, suspended and settleable solids in
concentrations or combinations that would impair any use assigned to this
class, that would cause aesthetically objectionable conditions, or that would
impair the benthic biota or degrade the chemical composition of the
bottom.
6.
Color and
Turbidity. These waters shall be free from color and turbidity in
concentrations or combinations that are aesthetically objectionable or would
impair any use assigned to this class.
7.
Oil and Grease.
These waters shall be free from oil, grease and petrochemicals that produce a
visible film on the surface of the water, impart an oily taste to the water or
an oily or other undesirable taste to the edible portions of aquatic life, coat
the banks or bottom of the water course, or are deleterious or become toxic to
aquatic life.
8.
Taste
and Odor. None in such concentrations or combinations that are
aesthetically objectionable, that would impair any use assigned to this class,
or that would cause tainting or undesirable flavors in the edible portions of
aquatic life.
(c)
Class SC. These Coastal and Marine Waters are
designated as a habitat for fish, other aquatic life and wildlife including,
for their reproduction, migration, growth and other critical functions, and for
secondary contact recreation. They shall also be suitable for certain
industrial cooling and process uses. These waters shall have good aesthetic
value.
1.
Dissolved
Oxygen. Shall not be less than 5.0 mg/L at least 16 hours of any
24-hour period and not less than 4.0 mg/L at any time. Where natural background
conditions are lower, DO shall not be less than natural background. Natural
seasonal and daily variations that are necessary to protect existing and
designated uses shall be maintained.
2.
Temperature.
a. Shall not exceed 85°F (29.4°C) nor
shall the rise due to a discharge exceed 5°F (2.8°C);
b. there shall be no change from natural
background conditions that would impair any use assigned to this class,
including those conditions necessary to protect normal species diversity,
successful migration, reproductive functions or growth of aquatic
organisms;
c. alternative effluent
limitations established in connection with a variance for a thermal discharge
issued under
33 U.S.C. §
1251 (FWPCA, § 316(a)) and
314 CMR 3.00 are in compliance
with
314 CMR 4.00. As required by
33 U.S.C. §
1251 (FWPCA, § 316(a)) and
314 CMR 3.00: Surface
Water Discharge Permit Program, for permit and variance renewal, the
applicant must demonstrate that alternative effluent limitations continue to
comply with the variance standard for thermal discharges; and
d. in the case of a cooling water intake
structure regulated by EPA under
33 U.S.C. §
1251 (FWPCA § 316(b)), the Department
has the authority under
33 U.S.C. §
1251 (FWPCA § 401), M.G.L. c. 21,
§§ 26 through 53 and
314 CMR 3.00: Surface
Water Discharge Permit Program to condition the cooling water intake
structure to assure compliance of the withdrawal activity with
314 CMR 4.00 including, but
not limited to, compliance with narrative and numerical criteria and protection
of existing and designated uses.
3.
pH. Shall be in
the range of 6.5 through 9.0 standard units and not more than 0.5 standard
units outside of the natural background range. There shall be no change from
natural background conditions that would impair any use assigned to this
Class.
4.
Bacteria. In
lieu of meeting the
minimum criteria for bacteria set forth in 314 CMR 4.05(5)(f)2. and 3.,
concentrations of enterococci bacteria in Class SC Surface Waters shall satisfy
314 CMR 4.05(4)(c)4.a. and b., whenever necessary for the protection of
secondary contact recreation. It shall hereby be presumed that such protection
is necessary year-round, provided, however, in the context of the issuance of a
particular permit or approval by the Department, this presumption may be
rebutted for a particular surface water or segment during periods of reduced
frequency of use due to cold weather or otherwise (
e.g.,
during the winter months, generally November through March). All such permits
or approvals will be publicly available for review in accordance with the
applicable regulations for that permit or approval.
a. Concentrations shall not exceed 175 colony
forming units (cfu) per 100 mL, calculated as a geometric mean of all samples
collected within any 90-day or smaller interval.
b. No more than 10% of all such samples
described in 314 CMR 4.05(4)(c)4.a. shall exceed 350 cfu per 100
mL.
5.
Solids. These waters shall be free from floating,
suspended and settleable solids in concentrations and combinations that would
impair any use assigned to this class, that would cause aesthetically
objectionable conditions, or that would impair the benthic biota or degrade the
chemical composition of the bottom.
6.
Color and
Turbidity. These waters shall be free from color and turbidity in
concentrations or combinations that are aesthetically objectionable or would
impair any use assigned to this class.
7.
Oil and Grease.
These waters shall be free from oil, grease and petrochemicals that produce a
visible film on the surface of the water, impart an oily taste to the edible
portions of aquatic life, coat the banks or bottom of the water course, or are
deleterious or become toxic to aquatic life.
8.
Taste and Odor.
None in such concentrations or combinations that are aesthetically
objectionable, that would impair any use assigned to this Class, or that would
cause tainting or undesirable flavors in the edible portions of aquatic
life.