Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 4.00 - Massachusetts Surface Water Quality Standards › Section 4.06 - Classification, Figures, and Tables

Current through Register 1525, July 5, 2024
(1)
Classification
. For the purposes of applying
			 314 CMR 4.00, the surface
			 waters of the Commonwealth are classified as shown in 314 CMR 4.06(2), (3),
			 (4), (5) and (6)(b). The following terms used in the classification tables set
			 forth in 314 CMR 4.06(6)(b):
Figure A
;
Figures and
			 Tables 1 through 27
, have the following meanings:
(a)
Boundary
. a
			 description of the boundaries of the segment being classified.
(b)
Mile Points
. for
			 rivers and streams, the upstream and downstream mile points; it is also used to
			 indicate the point at which a tributary enters the main stem of a river or
			 stream.
(c)
Class
. the appropriate water use Class for each
			 segment in accordance with
			 314 CMR
			 4.05.
(d)
Qualifiers
.
			 indicates special considerations and uses applicable to the segment that may
			 affect the application of criteria or antidegradation provisions of
			 314 CMR 4.00.
1.
Public Water
			 Supply
denotes those surface waters that may be used as a source
			 of public drinking water for a public water system as defined in
			 310 CMR
			 22.00:
Drinking Water
. They may be
			 subject to more stringent regulation in accordance with
			 310 CMR
			 22.00, adopted pursuant to M.G.L. c. 111, and may have
			 restricted use. These waters are designated for protection as Outstanding
			 Resource Waters under
			 314 CMR
			 4.04(3). No discharge of
			 dredged or fill material into wetlands or waters of the Commonwealth shall be
			 allowed within 400 feet of the high water mark of a Class A surface water
			 (exclusive of its tributaries), unless conducted by a public water system under
			 310 CMR
			 22.00, conducted by a public agency or authority for
			 the maintenance or repair of existing public roads or railways, or conducted by
			 a person granted a variance pursuant to
			 314 CMR 9.08:
Variance
. Any maintenance or repair of existing public roads
			 or railways shall also include the removal or implementation of the highest and
			 best practical method of treatment of stormwater discharges in accordance with
			 314 CMR 4.04(3)
			  within the reasonable vicinity of the
			 activity. Maintenance or repair of an existing public road or railway shall not
			 include substantial reconstruction, substantial enlargement, replacement or
			 realignment of any portion of the roadway or railway. The Department will
			 presume that any reconstruction or enlargement is substantial and requires a
			 variance under
			 314 CMR 9.08. The
			 Department may determine that a public agency or authority has overcome the
			 presumption based upon a showing that the activity proposed within 400 feet of
			 the high water mark of a Class A surface water will result in the loss of less
			 than 5000 square feet cumulatively of bordering and isolated vegetated wetlands
			 and land under water, and that the entirety of the activity will improve water
			 quality, or maintain water quality if removal or implementation of the highest
			 and best practical method of treatment of stormwater discharges already has
			 been achieved.
2.
Outstanding Resource Waters
denotes those waters that
			 are designated for protection as Outstanding Resource Waters under
			 314 CMR
			 4.04(3). Outstanding
			 Resource Waters are assigned at the discretion of the Department, as
			 appropriate. An application to nominate a waterbody as an Outstanding Resource
			 Water must be submitted in accordance with applicable Department application
			 procedures and requirements.
3.
Special Resource Waters
denotes those waters
			 designated for protection as Special Resource Waters under
			 314 CMR
			 4.04(4). Special Resource
			 Waters are assigned at the discretion of the Department, as
			 appropriate.
4.
High
			 Quality Waters
denotes certain waters designated for protection
			 under
			 314 CMR
			 4.04(2). Other waters as
			 described in
			 314 CMR 4.04(2)
			  also are high quality, although they are not
			 necessarily denoted as high quality in the classification tables.
5.
Shell fishing
denotes those waters subject to more stringent regulation in accordance with
			 the rules and regulations of the Massachusetts Division of Marine Fisheries
			 pursuant to M.G.L. c. 130, § 75. These include applicable criteria of the
			 National Shell fishing Sanitation Program. Approval for use of areas designated
			 for shell fishing is issued by the Massachusetts Division of Marine Fisheries.
			 To determine whether a particular water designated for shell fishing also is
			 approved for use, the Massachusetts Division of Marine Fisheries and/or the
			 appropriate local authority (usually the Shellfish Department) should be
			 contacted.
6.
Treated
			 Water Supply
denotes those Class B waters that are used as a
			 source of public water supply after appropriate treatment. These waters may be
			 subject to more stringent site-specific criteria established by the Department
			 as appropriate to protect and maintain the use.
See
also,
			 310 CMR
			 22.00:
Drinking Water
.
7.
Cold Water
denotes those waters where dissolved oxygen and temperature criteria for cold
			 water fisheries apply. Certain waters not designated as cold water in
			 314 CMR 4.00 may contain
			 habitat that supports a cold water fish population and, in such cases, the cold
			 water fish population and habitat shall be protected and maintained as existing
			 uses. The Massachusetts Division of Fisheries and Wildlife is responsible for
			 identifying cold water fish populations that meet their protocol, regardless of
			 whether or not the water meets the cold water criteria in
			 314 CMR 4.00. Where a cold
			 water fish population has been identified by the Division of Fisheries and
			 Wildlife as meeting their protocol, but the water has not been documented to
			 meet the cold water criteria in
			 314 CMR 4.00, the Department
			 will protect the existing cold water fish population and its habitat as an
			 existing use.
8.
Warm
			 Water
denotes those waters where dissolved oxygen and temperature
			 criteria for warm water fisheries apply.
9.
Aquatic Life
denotes those waters where Class C dissolved oxygen and temperature criteria
			 apply. This designation is made only where natural background conditions
			 prevent the attainment of a "higher use" designation.
10.
CSO
denotes
			 those waters identified as impacted by the discharge of combined sewer
			 overflows; however, a long term control plan has not been approved or fully
			 implemented for the CSO discharges.
11.
Partial Use, B(CSO) and
			 SB(CSO)
denotes those waters occasionally subject to short-term
			 impairment of swimming or other recreational uses due to untreated CSO
			 discharges in a typical year, and the aquatic life community may suffer adverse
			 impact yet is still generally viable. In these waters, the uses for Class B and
			 Class SB waters are maintained after the implementation of long term control
			 measures described in the approved CSO long term control plan, except as
			 identified in such plan. The Department may designate a segment partial use,
			 B(CSO) or SB(CSO), provided that:
a. a
			 Department approved long term control plan provides justification for the
			 overflows;
b. the Department finds
			 through a use attainability analysis, and EPA concurs, that achieving a greater
			 level of CSO control is not feasible for one of the reasons specified at
			 314 CMR
			 4.03(4);
c. existing uses and the level of water
			 quality necessary to protect the existing uses shall be maintained and
			 protected; and
d. public notice is
			 provided through procedures for permit issuance under M.G.L. c. 21,
			 §§ 26 through 53 and regulations promulgated pursuant to M.G.L. c.
			 30A. In addition, the Department will publish a notice in the Environmental
			 Monitor. Other combined sewer overflows may be eligible for a variance granted
			 pursuant to
			 314 CMR
			 4.03(4). When a variance is
			 not appropriate, partial use may be designated for the segment after public
			 notice and opportunity for a public hearing in accordance with M.G.L. c.
			 30A.
12.
Vernal Pools
. No point source discharge shall be
			 allowed to a vernal pool certified by the Massachusetts Division of Fisheries
			 and Wildlife; and no discharge of dredged or fill material shall be allowed to
			 a vernal pool certified by the Massachusetts of Division of Fisheries and
			 Wildlife, unless a variance is granted under
			 314 CMR 9.08:
Variance
.
(e) Treated Water Supply, Public Water
			 Supply, and Shell fishing are assigned at the discretion of the Department, as
			 appropriate.
(f) Cold Water, Warm
			 Water and Aquatic Life are considered consistent with the national goal uses
			 and are assigned whenever attainable, as applicable.