reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 22.00 - Drinking Water › Section 22.16 - Public Notification Requirements

Current through Register 1525, July 5, 2024
(1)
(a)
Public Water Systems Required
			 to Notify
. Each Supplier of Water for a Public Water System
			 (Community Water Systems, Non-transient Non-community Water Systems, and
			 Transient Non-community Water Systems) shall give notice for all violations of
			 National Primary Drinking Water Regulations (NPDWR), 310 CMR 22.00 and for
			 other situations, as listed in 310 CMR 22.16:
Table 1
or
			 specified by the Department in writing. The term "violations" is used in 310
			 CMR 22.16 to include violations of the Maximum Contaminant Level (MCL), maximum
			 residual Disinfection level (MRDL), Treatment Technique (TT), monitoring
			 requirements, and testing procedures defined in 310 CMR 22.00 or specified by
			 the Department in writing. 310 CMR 22.16:
Table 2
identifies
			 the tier assignment for each specific violation or situation requiring a public
			 notice.
310 CMR 22.16:
Table 1
Violation Categories and other Situations Requiring a Public
				Notice
1.
Violations
.
a.
			 Failure to comply with an applicable Maximum Contaminant Level (MCL) or Maximum
			 Residual Disinfectant Level (MRDL).
b. Failure to comply with a prescribed
			 Treatment Technique (TT).
c.
			 Failure to perform water quality monitoring, as required by 310 CMR
			 22.00.
d. Failure to comply with
			 testing procedures as prescribed by 310 CMR 22.00.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 22.00 - Drinking Water › Section 22.16A - Public Notification Requirements

Current through Register 1525, July 5, 2024
(1)
			 Each Community Water System in existence as of September 18, 1998, must deliver
			 its first consumer confidence report to its customers by October 19, 1999, its
			 second report by July 1, 2000, and subsequent reports by July
			 1st annually thereafter. The first report must
			 contain data collected during, or prior to, calendar year 1998, as provided in
			 310 CMR 22.16A(4)(h). Each report thereafter must contain data collected prior
			 to or during the previous calendar year as specified at 310 CMR
			 22.16A(4)(h).
(2) Each Community
			 Water System established after January 1, 1999, must deliver its first consumer
			 confidence report to its customers by July 1st of
			 the year after its first full calendar year in operation and annually
			 thereafter.
(3) A Public Water
			 System that sells or provides water to another Community Water System shall
			 deliver the applicable information required at 310 CMR 22.16A(4), to the buyer
			 or receiving system:
(a) no later than April
			 19, 1999, by April 1, 2000, and by April 1st
			 annually thereafter, or
(b) on a
			 date mutually agreed upon by the seller and the purchaser, and specifically
			 included in a written contract between the parties.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 22.00 - Drinking Water › Section 22.17 - Record Maintenance

Current through Register 1525, July 5, 2024
All suppliers of water shall retain on their premises or at a
				convenient location near their premises in a form admissible as evidence in
				Massachusetts Courts the following records:
(1) Records of bacteriological analyses made
			 pursuant to 310 CMR 22.00 shall be kept for not less than five years. Records
			 of microbiological analyses and turbidity analyses made pursuant to 310 CMR
			 22.20G shall be kept for not less than five years. Records of analysis for
			 other than microbiological contaminants (including total coliform, fecal
			 coliform, and heterotrophic plate count), residual disinfectant concentration,
			 other parameters necessary to determine disinfection effectiveness (including
			 temperature and pH measurements), and turbidity shall be retained for not less
			 than 12 years. Actual laboratory reports may be kept, or data may be
			 transferred to tabular summaries, provided that such summaries are in a form
			 admissible as evidence in Massachusetts Courts and shall include at least the
			 following information in a form that demonstrates an unbroken chain of custody
			 of the samples analyzed from sampling through analysis and includes at least
			 the following:
(a) The date, place and time of
			 sampling, the full name of the person who collected the sample and the agency
			 or organization for which that person works;
(b) Identification of the sample as to
			 whether it was a routine distribution system sample, check sample, raw or
			 process water sample or other special purpose sample;
(c) Date of analysis;
(d) Laboratory and person responsible for
			 performing analysis;
(e) The
			 analytical technique/method and instruments used; and
(f) The results of the analysis.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 22.00 - Drinking Water › Section 22.18 - Right of Entry

Current through Register 1525, July 5, 2024
All suppliers of water shall authorize agents and employees of
				the Commonwealth, upon presentation of their credentials, to enter their
				premises, excluding dwelling places, without a warrant for the purpose of
				inspecting, surveying and sampling public water systems, whether or not the
				Commonwealth has evidence that the system is in violation of an applicable
				legal requirement.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 22.00 - Drinking Water › Section 22.19 - Distribution System Requirements

Current through Register 1525, July 5, 2024
In order to protect the distribution system of a public water
				system from contamination the following requirements shall be applied:
(1) All service connections shall have a
			 minimum residual water pressure at street level of at least 20 pounds per
			 square inch under all design conditions of flow.
(2)
Water Storage
			 Tanks
. All water storage tanks used for the storage of ground or
			 treated water which are connected to a distribution system of a public water
			 system shall be covered and constructed and located so as to adequately protect
			 the water from contamination. Tank vents and overflow pipes shall be properly
			 screened to prevent contamination and not be directly connected to sanitary
			 sewers or to storm drainage systems. Sewers, drains, standing water and similar
			 sources of possible contamination must be kept at least 50 feet from the tank.
			 Water main pipe, pressure tested to 50 pounds per square inch without leakage,
			 may be used for gravity sewers at distances greater than 20 feet and less than
			 50 feet from said water storage tank.
(3)
Storage
			 Reservoirs
. Open or uncovered earth embankment or reinforced
			 concrete reservoirs, which are connected to a distribution system of a public
			 water system, and used to store ground or treated water whose intended purpose
			 is to equalize hourly and daily fluctuations of water, may continue to be used
			 provided that said facility complies with the requirements of 310 CMR
			 22.20A.
(4)
Construction Materials Evaluation
. Community water
			 supply systems shall identify whether the following construction materials are
			 present in their distribution system and report to the Department:
(a) Lead from piping, solder, caulking,
			 interior lining of distribution mains, alloys and home plumbing;
(b) Copper from piping and alloys, service
			 lines, and home plumbing;
(c)
			 Galvanized piping, service lines, and home plumbing;
(d) Ferrous piping materials such as cast
			 iron and steel; and
(e) Asbestos
			 cement pipe.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 22.00 - Drinking Water › Section 22.20A - Surface Water Treatment Rule

Current through Register 1525, July 5, 2024
(1)
General Requirements
.
(a)310 CMR 22.20A establishes criteria under
			 which Filtration is required as a Treatment Technique for Public Water Systems
			 supplied by Surface Water Sources and groundwater sources under the direct
			 influence of surface water. In addition, 310 CMR 22.20A establishes Treatment
			 Technique requirements in
lieu
of Maximum Contaminant Levels
			 for the following contaminants:
1.
Giardia lamblia
;
2. Viruses;
3. Heterotrophic plate count
			 bacteria;
4.
Legionella
; and
5.
			 Turbidity.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 22.00 - Drinking Water › Section 22.20B - Surface Water Supply Protection

Current through Register 1525, July 5, 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.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 22.00 - Drinking Water › Section 22.20C - Surface Water Supply Protection for New and Expanded Class A Surface Water Sources

Current through Register 1525, July 5, 2024
(1)
Source Approval
.
(a)
			 A public water system shall obtain prior written approval of the Department
			 for:
1. the development of a new surface water
			 source;
2. the physical expansion
			 of an existing surface water source or the replacement or modification of an
			 existing intake structure;
3. any
			 increase in withdrawal from an existing surface water source in excess of the
			 permitted threshold volume as defined in 310 CMR 36.00:
Massachusetts
			 Water Resources Management Program
; or
4. placing an existing unapproved or inactive
			 surface water on-line.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 22.00 - Drinking Water › Section 22.20D - Interim Enhanced Surface Water Treatment Rule

Current through Register 1525, July 5, 2024
(1)
General
			 Requirements
.
(a)310 CMR 22.20D
			 establishes requirements for filtration and disinfection that are in addition
			 to criteria established under
			 310 CMR
			 22.20A. The requirements of 310 CMR 22.20D
			 apply to all public water supplies serving at least 10,000 people, beginning
			 January 1, 2002 unless otherwise specified. 310 CMR 22.20D establishes or
			 extends treatment technique requirements in lieu of maximum contaminant levels
			 for the following contaminants:
1.
Giardia lamblia
;
2. Viruses;
3. Heterotrophic plate count
			 bacteria;
4.
Legionella;
5.
Cryptosporidium
; and
6. Turbidity.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 22.00 - Drinking Water › Section 22.20E - Filter Backwash Recycling Rule

Current through Register 1525, July 5, 2024
(1)
Applicability
. Each supplier of water using a surface
			 water source or ground water source under direct influence of surface water
			 that employs conventional filtration, direct filtration, softening, or contact
			 clarification treatment and that recycles spent filter backwash water,
			 thickener supernatant, or liquids from dewatering processes shall meet the
			 requirements in 310 CMR 22.20E(2) through (4).
(2)
Reporting
. Each
			 supplier of water using a surface water source or ground water source under
			 direct influence of surface water that employs conventional filtration, direct
			 filtration, softening, or contact clarification treatment shall notify the
			 Department in writing by December 8, 2003, if the system recycles spent filter
			 backwash water, thickener supernatant, or liquids from dewatering processes.
			 This notification shall include, at a minimum, the information specified in 310
			 CMR 22.20E(2)(a) and (b).
(a) A plant
			 schematic showing the origin of all flows that are recycled (including, but not
			 limited to, spent filter backwash water, thickener supernatant, and liquids
			 from dewatering processes), the hydraulic conveyance used to transport them,
			 and the location where they are re-introduced back into the treatment
			 plant.
(b) Typical recycle flow in
			 gallons per minute (gpm), the highest observed plant flow experienced in the
			 previous year (gpm), design flow for the treatment plant (gpm), and
			 Department-approved operating capacity for the plant where the Department has
			 made such determinations.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 22.00 - Drinking Water › Section 22.20F - Long Term 1 Enhanced Surface Water Treatment Rule

Current through Register 1525, July 5, 2024
(1)
General
			 Requirements
.
(a) 310 CMR 22.20F
			 establishes requirements for filtration and disinfection that are in addition
			 to criteria under 310 CMR 22.20A. The requirements of 310 CMR 22.20F apply to
			 public water systems serving fewer than 10,000 people using a surface water
			 source or ground water source under the direct influence of surface water,
			 beginning January 1, 2005 unless otherwise specified. 310 CMR 22.20F
			 establishes or extends treatment technique requirements in
lieu
of maximum contaminant levels for the following
			 contaminants:
1.
Giardia
			 lamblia
;
2.
			 Viruses;
3. Heterotrophic plate
			 count bacteria;
4.
Legionella
;
5.
Cryptosporidium
; and
6. Turbidity.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 22.00 - Drinking Water › Section 22.24 - Sale, Transfer of Property Interest, or Change in Use of Water Supply Land

Current through Register 1525, July 5, 2024
(1) No supplier of water may sell, lease,
			 assign, or otherwise dispose of, or change the use of, any lands used for water
			 supply purposes without the prior written approval of the Department. The
			 Department will not approve any such disposition or change in use unless the
			 supplier of water demonstrates to the Department's satisfaction that such
			 action will have no significant adverse impact upon the supplier of water's
			 present and future ability to provide continuous adequate service to consumers
			 under routine and emergency operating conditions, including emergencies
			 concerning the contamination of sources of supply, failure of the distribution
			 system and shortage of supply.
(2)
Land Transfers
Any sale, transfer of property interest
			 or change in use of land acquired for water supply purposes may also require
			 approval by a b vote of the Legislature, in addition to Department approval.
			 (Massachusetts Constitution Amend. Art. XCVII, Section 243)
(3)
Easements
The
			 Department will not approve any grant of easement for pipelines, or other
			 conduit, carrying liquid petroleum products within the Zone I of a PWS. For
			 other public utility easements within Zone I, the Department may require as a
			 condition of any grant of such easement an express perpetual prohibition on the
			 use of fertilizers, pesticides, herbicides, and other non-mechanical means of
			 vegetation control within the area subject to the easement.
(4) The owner/operator of any public water
			 system shall notify the Department in writing at least 30 days in advance of
			 any:
(a) proposed sale, change of system
			 ownership, or transfer of the system; and/or
(b) changes that impact the classification of
			 the system. Changes in system classification are subject to Department review
			 and approval. For non-community systems, changes that impact the classification
			 include changes in the type of facilities, service connections, population
			 served or operating hours that may result in a change of transient use to
			 non-transient use, or non-community use to community use according to the
			 definition of a public water system pursuant to 310 CMR 22.02 and the
Guidelines and Policies for Public Water Systems
.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 22.00 - Drinking Water › Section 22.25 - Abandonment of Water Supply Sources

Current through Register 1525, July 5, 2024
(1) No
			 supplier of water may remove a public water system source from service or
			 abandon a public water system source without the prior written approval of the
			 Department. The Department will not approve any such action unless the supplier
			 of water demonstrates to the Department's satisfaction that such action will
			 have no significant adverse impact upon the supplier of water's present and
			 future ability to provide continuous adequate service to consumers under
			 routine and emergency operating conditions, including emergencies concerning
			 the contamination of sources of supply, failure of the distribution system and
			 shortage of supply.
(2) The
			 supplier of water shall maintain each public water system source removed from
			 service as an emergency source unless the Department approves its disposition
			 in accordance with 310 CMR 22.24 or its abandonment in accordance with 310 CMR
			 22.25. All public water system groundwater sources approved for abandonment or
			 permanent closure may continue to be used as non-public water system sources.
			 The Department may require closure of certain groundwater sources in a manner
			 that minimizes the potential for groundwater contamination and public health
			 risk, by permanently preventing vertical movement of water within the borehole
			 and annular space and eliminating all physical hazards at the ground surface
			 associated with the well's construction or location. Proposals for permanent
			 closure shall describe the closure method and materials to be used and shall be
			 submitted to the Department for review and approval.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 22.00 - Drinking Water › Section 22.26 - Ground Water Rule

Current through Register 1525, July 5, 2024
(1)
General Requirements and Applicability
.
(a)
Applicability
.
			 310 CMR 22.26 applies to all Public Water Systems that use groundwater except
			 that it does not apply to Public Water Systems that combine all of their
			 groundwater with Surface Water or with Groundwater under the Direct Influence
			 of Surface Water prior to treatment. For the purposes of 310 CMR 22.26,
			 "groundwater system" is defined as any Public Water System meeting this
			 applicability statement, including consecutive systems receiving finished
			 groundwater.
(b)
General Requirements
. Systems subject to 310 CMR 22.26
			 must comply with the following requirements:
1. Sanitary survey information requirements
			 for all groundwater systems as described in 310 CMR 22.26(2).
2. Microbial source water monitoring
			 requirements for groundwater systems that do not treat all of their groundwater
			 to at least 99.99% (4-log) treatment of Viruses (using inactivation, removal,
			 or a Department-approved combination of 4-log Virus inactivation and removal)
			 before or at the first customer as described in 310 CMR 22.26(3).
3. Treatment Technique requirements,
			 described in 310 CMR 22.26(4), that apply to groundwater systems that have
			 fecally contaminated source waters, as determined by source water monitoring
			 conducted under 310 CMR 22.26(3), or that have significant deficiencies that
			 are identified by the Department. A groundwater system with fecally
			 contaminated source water or with significant deficiencies subject to the
			 Treatment Technique requirements of 310 CMR 22.26 must implement one or more of
			 the following corrective action options:
a.
			 correct all significant deficiencies;
b. provide an alternate source of
			 water;
c. eliminate the source of
			 contamination; or
d. provide
			 treatment that reliably achieves at least 4-log treatment of Viruses (using
			 inactivation, removal, or a Department-approved combination of 4-log Virus
			 inactivation and removal) before or at the first customer.
4. Groundwater systems that provide at least
			 4-log treatment of Viruses (using inactivation, removal, or a
			 Department-approved combination of 4-log Virus inactivation and removal) before
			 or at the first customer are required to conduct compliance monitoring to
			 demonstrate treatment effectiveness, as described in 310 CMR
			 22.26(4)(b).
(c)
Compliance Date
. Groundwater systems must comply,
			 unless otherwise noted, with the requirements of 310 CMR 22.26 beginning
			 December 1, 2009.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 22.00 - Drinking Water › Section 22.27 - Severability

Current through Register 1525, July 5, 2024
If any provision of 310 CMR 22.00 or its application to any
				unit of government is held invalid, such invalidity shall not affect other
				provisions or applications of 310 CMR 22.00 which can be given effect without
				the invalid provision or application and to this end the provisions of 310 CMR
				22.00 are declared to be severable.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 23.00 - Renovation Of Abandoned Cranberry Bogs › Section 23.01 - Authority, Jurisdiction, and Purpose

Current through Register 1525, July 5, 2024
(1)
Authority
.
			 310 CMR 23.00 is adopted
			 pursuant to St. 1996, c. 258 and establishes procedures and performance
			 standards for the renovation of eligible abandoned cranberry bogs.
(2)
Jurisdiction
.
			 310 CMR 23.00 applies to
			 activities associated with the renovation of cranberry bogs abandoned since
			 1959 on property in agricultural use. Eligible activities which meet the
			 performance standards and other requirements of
			 310 CMR 23.00 are not subject
			 to any contrary provisions of other state laws or regulations. After completion
			 of the renovation under
			 310 CMR 23.00, the operation
			 and maintenance of renovated abandoned cranberry bogs is subject to other state
			 laws and regulations as applicable. Local and federal laws apply.
(3)
Purpose
.
			 310 CMR 23.00 is promulgated
			 by the Department to carry out its statutory obligations to establish a permit
			 process and performance standards for the renovation of eligible abandoned
			 cranberry bogs.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 23.00 - Renovation Of Abandoned Cranberry Bogs › Section 23.03 - Eligible Abandoned Cranberry Bogs

Current through Register 1525, July 5, 2024
310 CMR 23.00 applies only to
				activities associated with the renovation of cranberry bogs which :
(1) Are on property in agricultural use as of
			 August 7, 1996 and until the time of application. The abandoned bog must be
			 located on a lot where the land is in agricultural use or on certain adjacent
			 land (either directly adjacent or across a right of way) owned by the applicant
			 on August 7, 1996, or in which the applicant has an ownership interest. Such
			 property adjacent to land in agricultural use shall be eligible only if such
			 adjacent property consists of abandoned cranberry bogs and has not been
			 developed for other purposes but would otherwise be ineligible solely because
			 it is not in agricultural use.
(2)
			 Were abandoned on or after January 1, 1959;
(3) Are not located within a Zone II or
			 within the watershed of a surface public water supply designated in
			 314 CMR 4.00, to protect the
			 public water supply interest of St. 1996, c. 258;
(4) Are not located within an Area of
			 Critical Environmental Concern;
(5)
			 Do not contain a navigable stream as defined by M.G.L. c. 91; and
(6) Do not exceed five acres within any three
			 year period on land in common ownership (
i.e
., for the total
			 acreage of land owned by the applicant or in which the applicant has an
			 ownership interest). The acreage of renovation includes all areas of abandoned
			 cranberry bogs altered by renovation and construction activities. An applicant
			 may apply for renovation of up to five acres of additional eligible bogs in
			 each subsequent three year period.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 23.00 - Renovation Of Abandoned Cranberry Bogs › Section 23.06 - Permits from the Department

Current through Register 1525, July 5, 2024
The Department will issue a permit to an applicant who meets
				the criteria of
				310 CMR 23.00 and deny a
				permit if the criteria are not met. The permit shall contain:
(1) the name and address of the applicant,
			 the address of the proposed activity, and the Transmittal Number and date of
			 the Department's permit;
(2) any
			 conditions deemed necessary by the Department to ensure that the performance
			 standards of
			 310 CMR
			 23.05 are met and to protect the interests
			 identified in St. 1996, c. 258;
(3)
			 the date the work may begin. No activity may begin prior to the expiration of
			 the appeal period or until a final decision is issued by the Department if an
			 appeal is filed;
(4) a requirement
			 that the applicant shall request in writing and obtain a certificate of
			 compliance from the Department within five years of permit issuance, certifying
			 that the activity was completed in compliance with the permit. The Department
			 may grant an extension of no more than three years for just cause;
(5) a requirement that the permit and the
			 certificate of compliance shall be recorded at the Registry of Deeds. The
			 Department will provide a copy of the permit to the conservation commission;
			 and
(6) notification of the right
			 to request an adjudicatory hearing as described in
			 310 CMR 23.07.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 23.00 - Renovation Of Abandoned Cranberry Bogs › Section 23.07 - Appeals

Current through Register 1525, July 5, 2024
(1)
Right to Appeal
.
			 Certain persons shall have a right to request an adjudicatory hearing
			 concerning permit decisions by the Department:
(a) the applicant or property
			 owner;
(b) any aggrieved person who
			 has submitted comments during the public comment period; and
(c) any ten persons of the Commonwealth
			 pursuant to M.G.L. c. 30A where a group member has submitted comments during
			 the public comment period.
Any aggrieved person or any ten persons of the Commonwealth may
				appeal without having submitted written comments during the public comment
				period only when the claim is based on new substantive issues arising from
				material changes to the scope or impact of the activity and not apparent at the
				time of public notice.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 23.00 - Renovation Of Abandoned Cranberry Bogs › Section 23.08 - Enforcement

Current through Register 1525, July 5, 2024
Failure to comply with
				310 CMR 23.00 or a permit
				issued by the Department under
				310 CMR 23.00 shall be
				enforceable pursuant to M.G.L. c. 21A, § 16 and
				310 CMR
				5.00.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 23.00 - Renovation Of Abandoned Cranberry Bogs › Section 23.09 - Effective Date and Severability

Current through Register 1525, July 5, 2024
(1)
Effective Date
.
			 310 CMR 23.00 shall take
			 effect May 2, 1997.
(2)
Severability
. If any provision of any part of
			 310 CMR 23.00, or the
			 application thereof, is held to be invalid, such invalidity shall not affect
			 any other provision of
			 310 CMR 23.00.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 27.00 - Underground Injection Control Regulations › Section 27.01 - Purpose

Current through Register 1525, July 5, 2024
The purpose of
				310 CMR 27.00 is to protect
				underground sources of drinking water by regulating the underground injection
				of hazardous wastes, fluids used for extraction of minerals, oil, and energy
				and any other fluids having potential to contaminate groundwater as required by
				the Federal Safe Drinking Water Act,
				42 U.S.C. §§
									300h through 300h-8.
				310 CMR 27.00 is not intended
				to apply to the drilling, development, and rehabilitation of drinking water
				supply wells, water production wells, or monitoring wells. Specific sections of
				310 CMR 27.00 should be read
				together 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
,
				40.0000:
Massachusetts Contingency Plan
,
				314 CMR 5.00:
Groundwater Discharge Permit Program
, and 20.00:
Reclaimed Water Permit Program and Standards
, which contain
				relevant information.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 27.00 - Underground Injection Control Regulations › Section 27.03 - Classes of Injection Wells

Current through Register 1525, July 5, 2024
(1)
Class I
.
(a) wells
			 used by generators of hazardous wastes or owners or operators of hazardous
			 waste management facilities to inject fluids beneath the lowermost formation
			 containing a USDW within ¼ mile of the well bore;
(b) other industrial or municipal wells which
			 inject fluids beneath the lowermost formation containing, within ¼ mile
			 of the well bore, an underground source of drinking water; and
(c) radioactive waste disposal wells which
			 inject fluids below the lowermost formation containing an underground source of
			 drinking water within ¼ mile of the well bore.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 27.00 - Underground Injection Control Regulations › Section 27.04 - Prohibited Activities

Current through Register 1525, July 5, 2024
(1) No person shall
			 inject fluids into or through any Class I, II, or III injection well and no
			 person shall construct, install, operate or maintain any Class I, II, or III
			 injection well.
(2) No person shall
			 construct, install, operate or maintain a Class IV well that is not part of a
			 response action conducted or performed in compliance with M.G.L. c. 21E and 310
			 CMR 40.0000:
Massachusetts Contingency Plan
, or in use for the
			 purpose of remediation at a release site pursuant to the Comprehensive
			 Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), 42
			 U.S.C. §§ 9601 through 9675, or the requirements and provisions of
			 the Resource Conservation and Recovery Act (RCRA), 42 U.S.C. §§ 6901
			 through 6992k.
(3) No person shall
			 inject or cause to be injected any fluid into or through a registered Class V
			 well:
(a) where that injection may cause or
			 allow the movement of fluid containing any pollutant into underground sources
			 of drinking water and the presence of that pollutant causes or is likely to
			 cause a violation of
			 310 CMR
			 22.00:
Drinking Water
;
(b) where that injection may impair the use
			 of ground water as an actual or potential source of potable water; or
(c) which in the opinion of the Department
			 adversely affects or may adversely affect the health of persons.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 27.00 - Underground Injection Control Regulations › Section 27.05 - Authorized Activities

Current through Register 1525, July 5, 2024
(1) Any person may
			 construct, install, operate or maintain a Class IV or Class V aquifer
			 remediation well in the conduct or performance of a response action in
			 accordance with the provisions of M.G.L. c. 21E, 310 CMR 40.0000:
Massachusetts Contingency Plan
, or for the purpose of
			 remediation at a release site, pursuant to CERCLA, 42 U.S.C. §§ 9601
			 through 9675, or RCRA, 42 U.S.C. §§ 6901 through 6992k. Well
			 authorization under 310 CMR 27.05 is also contingent upon remaining in
			 compliance with
			 310 CMR 27.00 including, but
			 not limited to, the registration requirements in
			 310 CMR
			 27.08.
(2) Any person may construct, install,
			 operate or maintain a Class V well in compliance with
			 310 CMR 27.00 and other
			 applicable regulations and statutes including, but not limited to M.G.L. c. 21,
			 § 43;
			 314 CMR 5.00:
Ground
			 Water Discharge Permit Program
;
			 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
; and
			 248
			 CMR 10.00:
Uniform State Plumbing
			 Code
. Class V wells shall include but not be limited to the following
			 types of injections:
(a) effluent from a heat
			 exchanger;
(b) non-contact cooling
			 water;
(c) stormwater
			 runoff;
(d) water purification
			 backwash;
(e) uncontaminated water
			 used to replenish or recharge an aquifer;
(f) uncontaminated fresh water used to create
			 a salt water intrusion barrier to prevent the intrusion of salt water into the
			 fresh water;
(g) wastewater from
			 on-site subsurface sewage disposal systems regulated under
			 314 CMR 5.00:
Ground
			 Water Discharge Permit Program
or 310 CMR 15.00:
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
;
(h)
			 uncontaminated water used for the purpose of subsidence control
			 (
i.e
., to reduce or eliminate subsidence associated with the
			 overdraft of groundwater);
(i)
			 wastewater from the recovery of geothermal energy for heating, aquaculture and
			 the production of electrical power;
(j) aquaculture wastewater;
(k) other types of aquifer remediation
			 discharges not included in 310 CMR 27.05(1);
(l) process water and wastewater
			 disposal;
(m) groundwater
			 infiltration;
(n) swimming pool
			 drainage;
(o) experimental
			 technology wastewater; and
(p)
			 other types of groundwater discharges regulated under
			 314 CMR 5.00:
Ground
			 Water Discharge Permit Program
that also meet the definition of
			 310 CMR 27.02:
Well
.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 27.00 - Underground Injection Control Regulations › Section 27.06 - Protection

Current through Register 1525, July 5, 2024
(1) No person shall conduct an activity that
			 is prohibited by
			 310 CMR 27.00 or that will
			 endanger an aquifer or portion of an aquifer that meets the definition of an
			 underground source of drinking water. The following guidance documents describe
			 methods and procedures the Department deems likely to achieve this standard:
(a) MassDEP
Standard Design
			 Guidelines for Shallow UIC Class V Injection Wells
;
(b) MassDEP
Guidelines for Ground
			 Source Heat Pump Wells
;
(c) MassDEP fact sheet:
Registration
			 of Discharges to the Ground from Pump Houses and Other Public Water System
			 Facilities Including Discharges from In-line Analyzers
; and
(d) MassDEP
Massachusetts Stormwater
			 Handbook
.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 27.00 - Underground Injection Control Regulations › Section 27.07 - Exemption

Current through Register 1525, July 5, 2024
(1)
Aquifer
. The
			 Department may exempt an aquifer from being an underground source of drinking
			 water if, after notice and an opportunity for a public hearing the Department
			 determines, subject to the approval of the U. S. Environmental Protection
			 Agency, that the aquifer:
(a) currently does
			 not serve as a source of public drinking water; and,
(b) cannot now and will not in the future
			 serve as a source of public drinking water because:
1. it is used to produce mineral, hydrocarbon
			 or geothermal energy;
2. it is so
			 contaminated that it would be economically or technologically impractical to
			 render the water fit for human consumption; or
3. it contains more than 3000 mg/l Total
			 Dissolved Solids and it is not reasonably expected to be used as a source of
			 public drinking water.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 27.00 - Underground Injection Control Regulations › Section 27.08 - Registration

Current through Register 1525, July 5, 2024
(1) The owner and operator of an existing,
			 proposed, or closed Class IV or Class V well that meets any of the following
			 criteria shall jointly submit an electronic registration application to the
			 Department using the Department's electronic filing system (unless the
			 Department indicates that an alternative filing format is acceptable at the
			 time of filing, or unless the Department grants a hardship exemption that
			 allows for paper submission on a form available from the Department) in
			 accordance with the following:
(a) Unless
			 exempt pursuant to
			 310 CMR 27.07, the
			 owner and operator of a Class V well in existence as of September 13, 2002,
			 shall jointly submit a registration application to the Department for each such
			 well by January 1, 2003;
(b) Unless
			 exempt pursuant to
			 310 CMR 27.07, the
			 owner and operator of a Class V injection well first put into use after
			 September 13, 2002, shall jointly submit a registration application to the
			 Department prior to commencing any injection;
(c) The owner and operator of a registered
			 Class IV or Class V injection well shall jointly submit a registration
			 application to the Department prior to any conversion of the injection well's
			 class or type of injection;
(d)
			 Unless exempt pursuant to
			 310 CMR 27.07, the
			 owner or operator or Massachusetts Licensed Site Professional (LSP) of record
			 of a property with an existing Class IV or Class V aquifer remediation well
			 authorized by
			 310 CMR 27.05(1)
			  shall submit the information required by 310
			 CMR 27.08(2) on a form provided by the Department by the following deadlines:
1. by April 1, 2017, for a well in existence
			 as of October 1, 2016; or
2. within
			 30 days after commencing any injection for a well first put into use after
			 October 1, 2016; and
(e)
			 The owner and operator of a Class V injection well that has become an inactive
			 well or has gone through a closure process for which a Department-issued UIC
			 registration number has not been issued shall jointly submit a registration
			 application to the Department unless that well was closed prior to September
			 13, 2002.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 27.00 - Underground Injection Control Regulations › Section 27.09 - Requiring a Permit

Current through Register 1525, July 5, 2024
The Department may require the owner and/or operator of any
				Class V well to obtain a Massachusetts Groundwater Discharge Permit under
				314 CMR 5.00:
Ground
				Water Discharge Permit Program
as the Department deems necessary for
				the protection of a USDW, the environment, or public health.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 27.00 - Underground Injection Control Regulations › Section 27.10 - Well Closure

Current through Register 1525, July 5, 2024
(1)
Compliance with M.G.L. c. 21E, CERCLA or RCRA
. Each
			 person performing a remedial activity as part of an injection well closure
			 shall perform such activity in accordance with the provisions of M.G.L. c. 21E,
			 310 CMR 40.0000:
Massachusetts Contingency Plan
, CERCLA, 42
			 U.S.C. §§ 9601 through 9675, and RCRA, 42 U.S.C. §§ 6901
			 through 6992k, as applicable.
(2)
Minimum Closure Requirements
. The owner and operator
			 of a Class IV or Class V well shall properly close the well upon the
			 termination of the use of the well for the type of Class IV or Class V
			 injection for which it was permitted or registered. At a minimum, the owner and
			 operator shall undertake the following activities:
(a) eliminate well or injection:
1. the well shall be physically removed or
			 plugged to permanently prevent the vertical movement of water within the well;
			 all physical hazards at the ground surface associated with the well's
			 construction or location shall be eliminated; and all inlets into the drainage
			 system leading to the well shall be permanently sealed; or
2. the well is authorized by and permitted in
			 accordance with
			 314 CMR 5.00:
Ground
			 Water Discharge Permit Program
; or
3. all inlets to the well that are associated
			 with the Class IV or Class V type of injection shall be permanently eliminated
			 or sealed. This option may only be exercised if the well has been converted to,
			 or was already in use for, another type of withdrawal or injection activity for
			 which all necessary approvals have been obtained;
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 27.00 - Underground Injection Control Regulations › Section 27.11 - Recordkeeping and Reporting

Current through Register 1525, July 5, 2024
(1) The owner and
			 operator of a registered Class IV or Class V well shall make all existing
			 records and information concerning the construction and operation of the well
			 available to the Department within ten days of receipt of a request by the
			 Department, unless the Department agrees in writing to a later date.
(2) Records shall be kept by the owner and
			 operator of a registered Class IV or Class V well for a period of at least
			 three years from the date of any sample, measurement, report, or application.
			 This period may be extended by request of the Department.
(3) Records associated with the nature and
			 composition of all injected fluids shall be kept by the owner and operator for
			 a period of at least three years from the date of closure of a registered Class
			 IV or Class V well.
(4) If
			 requested by the Department, the owner and operator of a registered Class IV or
			 Class V well shall deliver records kept pursuant to 310 CMR 27.11 to the
			 Department, in an electronic format or another format acceptable to the
			 Department, at the conclusion of their retention period.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 27.00 - Underground Injection Control Regulations › Section 27.12 - Corrective Action

Current through Register 1525, July 5, 2024
(1) The Department
			 may require closure of any injection well if it determines that closure is
			 necessary for the protection of any USDW, the environment, or public health, or
			 if the well or any injection into or through the well does not comply with
			 310 CMR 27.00.
(2) If the Department determines that closure
			 of a well is necessary pursuant to 310 CMR 27.12(1), the owner and operator of
			 the well shall close the well in accordance with 310 CMR 27.10 and
			 27.12(4).
(3) The owner and
			 operator of an injection well that is in violation of
			 310 CMR
			 27.04 shall close the well in accordance with
			 310 CMR 27.10 and 27.12(4).
(4) The
			 owner and operator of the well shall immediately prevent fluids from entering
			 into or through the well until the well or injection has been eliminated in
			 accordance with 310 CMR 27.10(2)(a) or until:
(a) the injection is connected to a municipal
			 sanitary sewer line in accordance with
			 314 CMR 7.00:
Sewer
			 System Extension and Connection Permit Program
;
(b) the injection is connected to a tight
			 tank provided the connection complies with all applicable Department
			 regulations; or
(c) the injection
			 is addressed under a plan approved by the Department.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 27.00 - Underground Injection Control Regulations › Section 27.13 - Right of Entry

Current through Register 1525, July 5, 2024
(1) The owner and
			 operator of a Class IV or Class V well shall allow the Department and its
			 authorized representatives to:
(a) Enter upon
			 the premises where the well is located, or where records required to be
			 maintained by
			 310 CMR 27.00 or the terms
			 and conditions of the registration are kept;
(b) Have access to and copy, at reasonable
			 times, any records that must be kept pursuant to
			 310 CMR 27.00 or the terms
			 and conditions of the registration;
(c) Inspect at reasonable times any
			 facilities, equipment, practices, or operations regulated or required by
			 310 CMR 27.00 or the terms
			 and conditions of the registration; and
(d) Sample, monitor or test at reasonable
			 times for the purpose of determining compliance with the terms and conditions
			 of the registration and
			 310 CMR
			 27.00.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 27.00 - Underground Injection Control Regulations › Section 27.14 - Orders, Violations and Penalties

Current through Register 1525, July 5, 2024
(1)
Orders
. The Department may issue such orders as
			 necessary to aid in the implementation and enforcement of M.G.L. c. 21, §
			 27, c. 21A, § 2(28), c. 111, § 160, and
			 310 CMR 27.00. Such orders
			 may include, but shall not be limited to, orders requiring persons to cease any
			 activity that is in violation of
			 310 CMR 27.00 or to carry out
			 such activities necessary to bring such person into compliance. The Department
			 may also require any person to provide information, in a timeframe specified by
			 the Department, that the Department deems necessary to determine whether such
			 person is subject to, in violation of, or has violated M.G.L. c. 21, § 27,
			 c. 21A, § 2(28), c. 111, § 160, or
			 310 CMR 27.00
(2)
Violations
. It
			 shall be a violation of M.G.L. c. 111, § 160, and
			 310 CMR 27.00 to:
(a) Fail to comply with any order of the
			 Department;
(b) Inject fluids into
			 or through any Class I, II, III, IV or V injection well contrary to the
			 requirements of
			 310 CMR 27.00 or the terms
			 and conditions of any registration issued pursuant to
			 310 CMR 27.00, or to
			 construct, install, operate or maintain any Class I, II, III, IV or V injection
			 well contrary to the requirements of
			 310 CMR 27.00 or the terms
			 and conditions of any registration issued pursuant to
			 310 CMR 27.00;
(c) Fail to submit a timely registration
			 application for an activity that requires registration pursuant to
			 310 CMR
			 27.08;
(d) Make any false, inaccurate, incomplete or
			 misleading statement in any record, report, plan, log, register, registration,
			 application or other document submitted to the Department or required to be
			 kept or maintained by
			 310 CMR 27.00 or the terms
			 and conditions of a registration issued pursuant to
			 310 CMR 27.00;
(e) Fail to provide any information requested
			 by the Department pursuant to
			 310 CMR 27.00 or a
			 registration or order issued pursuant to M.G.L. c. 111, § 160, or
			 310 CMR
			 27.00.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 27.00 - Underground Injection Control Regulations › Section 27.15 - Severability

Current through Register 1525, July 5, 2024
If any provision of
				310 CMR 27.00 or its
				application is held invalid, such invalidity shall not affect other provisions
				or applications of
				310 CMR 27.00 which can be
				given effect without the invalid provision or application, and the provisions
				of
				310 CMR 27.00 are declared to
				be severable.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 28.00 - Reserved

Current through Register 1525, July 5, 2024
REGULATORY AUTHORITY
310 CMR 28.00: St. 1982, c. 286, §§ 18 and 19; c.
				21A, § 2(28); and c. 111, §§ 159 and 160.