reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 21.00 - Federal Safe Drinking Water Act Assessment › Section 21.02 - Definitions

Current through Register 1525, July 5, 2024
As used in
				310 CMR 21.00, the following
				words shall have the following meanings:
Advisory Committee
, the Advisory
				Committee on Administration of the Federal Safe Drinking Water Act Assessment,
				appointed by the Commissioner of the Department.
Act
, the Federal Safe Drinking Water
				Act, 42 U.S.C. 300f
et seq
., as amended from time to time.
Assessment
, the Federal Safe Drinking
				Water Act Assessment, (or Payment in Lieu of Assessment,) authorized and
				established by M.G.L. c. 21A, § 18A and
				310 CMR 21.00, to be paid by
				each end supplier.
Assessment Rate
, the factor by which
				each 1000 gallons of drinking water withdrawn by each end supplier shall be
				multiplied to determine the Assessment owed to the Department by each end
				supplier.
Commissioner
, the Commissioner of the
				Department of Environmental Protection.
Department
, the Department of
				Environmental Protection.
End suppliers
, suppliers of water, who
				are operators of all categories of "Public Water Systems" as defined in
				310 CMR 22.02, and
				the Federal Safe Drinking Water Act, providing water directly to users.
Estimated Withdrawal Amount
, the
				estimated gallons of water withdrawn, purchased or pumped by an unmetered end
				supplier, calculated as required by
				310
				CMR 21.04.
Metered End Suppliers
, those end
				suppliers using master meters to measure source production, purchase and/or
				sales of water to other public water systems.
Receipts
, monies received by the
				Department which are proceeds from the Assessment, including interest.
Unmetered End Suppliers
, those end
				suppliers not using master meters.
Users
, all consumers, whether public,
				private, taxed or tax-exempt, of water provided by end suppliers.
Withdrawal Amount
, the gallons of
				water withdrawn, purchased or pumped by a metered public water system which
				enters the transmission and/or distribution system. Withdrawal amount shall not
				include any water sold to another public water system.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 21.00 - Federal Safe Drinking Water Act Assessment › Section 21.03 - Federal Safe Drinking Water Act Assessment

Current through Register 1525, July 5, 2024
(1)
Basis for Assessment Rate
. By October 1 of each year,
			 the Department, in consultation with the Advisory Committee, shall set the
			 Assessment Rate at a uniform level not to exceed 1¢ per 1000 gallons of
			 withdrawal amount and/or estimated withdrawal amount, for billing in the
			 following fiscal year. The Assessment Rate shall be set so that receipts in the
			 aggregate shall be reasonably related to defraying the Department's costs for
			 monitoring, inspections, technical assistance, reporting and enforcement
			 activities necessary to ensure compliance with the Federal Safe Drinking Water
			 Act,
			 310 CMR 21.00 and
			 310 CMR
			 22.00.
(2)
Notification of Assessment Rate
. End suppliers shall
			 be notified by the Department by mail of the Assessment Rate and the flat rate
			 schedule set out in
			 310 CMR 21.05(2)(b)
			  by November 1 of each year.
(3)
Notification of Assessments
			 and Payments Due
. Assessments for each fiscal year shall be due
			 after July 1 of each year as directed by the Department. At least 45 days
			 before the date an Assessment is due, the Department shall deliver to the end
			 supplier a written statement of the amount due. The statement shall be
			 considered to be delivered if provided by mail or personal delivery to the
			 correspondence address listed in the end supplier's permit or permit
			 application, to the address of the permitted facility or project, or to any
			 other correspondence address used by the end supplier; or by other means
			 reasonably calculated to assure receipt by the end supplier.
(4)
Collection, Interest and
			 Penalties
. Each end supplier shall remit to the Department the
			 Assessment due that year as directed by the Department. In the event of
			 untimely payment, interest shall be assessed on the balance due at the rate
			 determined by the Commissioner of Administration under M.G.L. c. 29, §
			 29C. Interest on overdue remittances, including applicable penalties if any,
			 shall be borne by the end supplier. The Department may impose penalties not to
			 exceed $5,000 per day for failure of end suppliers to remit the Assessment to
			 the Department.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 21.00 - Federal Safe Drinking Water Act Assessment › Section 21.04 - Calculation of Withdrawal Amount or Estimated Withdrawal Amount

Current through Register 1525, July 5, 2024
The Withdrawal Amount for metered end suppliers shall be
				calculated using the measured volumes reported to the Department in the Annual
				Statistics Report required at
				310 CMR
				22.15(5). For unmetered end
				suppliers serving a population of at least 900 persons the Estimated Withdrawal
				Amount shall be calculated using the following formula:
Population Served, as reported to the Division in the Annual
				Statistical Report, multiplied by the average number of gallons of water used
				per person per day, as determined by the Department, multiplied by the number
				of days in that year, or for seasonal systems, the number of days the system
				operated that year = Estimated Withdrawal Amount.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 21.00 - Federal Safe Drinking Water Act Assessment › Section 21.05 - Calculation of the Assessment

Current through Register 1525, July 5, 2024
(1) For metered end
			 suppliers, the Assessment shall be calculated by multiplying the Withdrawal
			 Amount by the Assessment Rate.
(2)
			 For unmetered end suppliers the Assessment shall be calculated as follows:
(a) for unmetered end suppliers which serve a
			 population of 900 persons or more, by multiplying the Estimated Withdrawal
			 Amount by the Assessment Rate;
(b)
			 for unmetered end suppliers which serve a population of less than 900 persons,
			 the Assessment shall equal a flat rate set by the Department, in consultation
			 with the advisory committee, for the following categories based on the
			 population served by the system.
1. Suppliers
			 serving 25-100 persons
2. Suppliers
			 serving 101-200 persons
3.
			 Suppliers serving 201-899 persons
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 21.00 - Federal Safe Drinking Water Act Assessment › Section 21.06 - Collection By End Suppliers

Current through Register 1525, July 5, 2024
(1) Amounts payable
			 as Assessments and administrative costs o f end suppliers related to the
			 Assessment shall be recovered to the maximum practical extent from charges to
			 users. End suppliers may recover from users administrative costs relating to
			 the Assessment, in an amount not to exceed 5% of the annual Assessment for that
			 system. Interest on overdue remittances, including applicable penalties, shall
			 be borne by the end suppliers.
(2)
			 To the maximum extent practicable, the Assessment shall be apportioned among
			 users by end suppliers based on the number of gallons of water consumed, or the
			 estimated number of gallons consumed by each user.
(3) Each end supplier shall have the option
			 of determining how its invoices to users shall show such defraying amounts and
			 shall determine the frequency of invoicing.
(4)310 CMR 21.06(4) shall not apply to the
			 manner in which investor owned end suppliers apportion and collect the
			 Assessment from users, which shall be determined by the Department of Public
			 Utilities in accordance with
			 310
			 CMR 21.08.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 21.00 - Federal Safe Drinking Water Act Assessment › Section 21.07 - Inspection and Audit

Current through Register 1525, July 5, 2024
All records of end suppliers, including the annual measured
				volume records and records of population served, shall be made available upon
				request to the Department at any reasonable time for inspection. For at least
				six years from each Assessment period each end supplier shall maintain,
				preserve, and make available for inspection and audit all records relating to
				the Assessment.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 21.00 - Federal Safe Drinking Water Act Assessment › Section 21.08 - Jurisdiction of The Department of Public Utilities Unaffected

Current through Register 1525, July 5, 2024
The Department of Public Utilities shall determine the manner
				in which investor-owned end suppliers apportion and collect amounts necessary
				to defray the Assessment and applicable administrative costs. Nothing in
				310 CMR 21.00 shall limit the
				authority of the Department of Public Utilities to rule on the propriety of any
				rates charged by any end supplier subject to its jurisdiction; provided that in
				making such a ruling the Department of Public Utilities shall consider the
				amount of the Assessment and, provided further, that such ruling shall not
				impose any condition inconsistent with the provisions or intent of M.G.L. c.
				21A, § 18A, or
				310 CMR 21.00. Compliance
				with any requirement imposed by the Department of Public Utilities shall not
				exempt any end supplier from the requirements of M.G.L. c. 21A, § 18A, or
				310 CMR
				21.00.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 21.00 - Federal Safe Drinking Water Act Assessment › Section 21.09 - Receipts from Assessments

Current through Register 1525, July 5, 2024
All receipts shall be deposited in the Environmental Permitting
				and Compliance Assurance Fund established pursuant to M.G.L. c. 29, § 2P,
				and shall be used solely for the purposes described in
				310 CMR
				21.01. Receipts shall be separately accounted
				for and shall be used solely for administering the Federal Safe Drinking Water
				Act and furthering its purposes. Any unexpended balance shall be used to defray
				the amount of the Assessment in future fiscal years.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 21.00 - Federal Safe Drinking Water Act Assessment › Section 21.10 - Required State Contribution

Current through Register 1525, July 5, 2024
310 CMR 21.00 establishing
				the Assessment shall not be in effect in any fiscal year in which the
				department fails to provide from state funds, other than those collected under
				the terms of M.G.L. c. 21A, § 18A and
				310 CMR 21.00, a match of 75%
				of the amount of the federal grant attributable to the implementation of the
				Federal Safe Drinking Water Act.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 21.00 - Federal Safe Drinking Water Act Assessment › Section 21.11 - The Advisory Committee

Current through Register 1525, July 5, 2024
The Department shall establish an Advisory Committee on
				Administration of the Federal Safe Drinking Water Act Assessment.
				Representative organizations from the categories below may nominate persons for
				consideration and the Commissioner shall appoint such persons to the Advisory
				Committee as considered desirable in accordance with 310 CMR 21.11. Members of
				the Advisory Committee shall serve until successors shall be appointed and
				qualified by the Commissioner. The Commissioner's appointees shall include one
				representative from each of the following categories of organizations:
(a) a Massachusetts statewide water works
			 non-profit association;
(b) a New
			 England regional water works non-profit association;
(c) a non-profit association representing
			 rural water systems;
(d) a regional
			 water works association;
(e) a
			 non-profit association representing investor-owned water companies;
(f) a statewide environmental
			 organization;
(g) a second
			 statewide environmental organization;
(h) organizations representing non-community
			 water suppliers;
(i) the
			 Massachusetts Municipal Association;
(j) an organization representing industry;
			 and
(k) one other designee the
			 commissioner considers desirable.
The total membership of the committee shall not exceed 11, a
				majority of which shall be comprised of water utility personnel. Two designated
				representatives who are water utility personnel shall also serve, as members of
				the Department's fees advisory committee established pursuant to M.G.L. c. 21A,
				§ 18. No state employee shall be appointed to the advisory committee and
				no person appointed to the advisory committee shall be deemed to be a state
				employee for purposes of any other general or special law. Members of the
				Advisory Committee shall serve without compensation except for reimbursement of
				their direct expenses of travel from their place of abode to the regular
				meetings of the Advisory Committee.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 21.00 - Federal Safe Drinking Water Act Assessment › Section 21.12 - Duties of the Advisory Committee

Current through Register 1525, July 5, 2024
The Department shall consult with the advisory committee
				annually in setting the Assessment Rate, and prior to adoption of, or amendment
				to,
				310 CMR 21.00. The Department
				shall review with the advisory committee the operation of the Assessment
				program and
				310 CMR 21.00 at least
				quarterly. The Advisory Committee and the Department shall ensure that regular
				public service announcements are released to inform the public as to the
				requirements and costs associated with the Federal Safe Drinking Water Act.
				With administrative support from the department, the advisory committee shall
				produce an annual report on the Assessment program for the House and Senate
				Committees on Ways and Means and the Joint Committee on Natural Resources and
				Agriculture. The annual report shall also be made available to all end
				suppliers, and shall include an accounting of all Assessment
				receipts.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 21.00 - Federal Safe Drinking Water Act Assessment › Section 21.13 - Federal Supremacy

Current through Register 1525, July 5, 2024
In the event that the requirements of
				310 CMR 21.00 conflict with
				applicable federal requirements pertaining to the establishment and collection
				of the Assessment by the Department, such federal requirements shall take
				precedence over any conflicting requirements of
				310 CMR
				21.00.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 21.00 - Federal Safe Drinking Water Act Assessment › Section 21.14 - Severability

Current through Register 1525, July 5, 2024
If any provision or application of any provision of
				310 CMR 21.00 is held to be
				invalid, such invalidity shall not affect any other provisions of
				310 CMR 21.00 not
				specifically held to be invalid.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 22.00 - Drinking Water › Section 22.01 - Purpose

Current through Register 1525, July 5, 2024
(1)
								310 CMR
			 22.00 is intended to promote the public health and
			 general welfare by preventing the pollution and securing the sanitary
			 protection of all such waters used as sources of water supply and ensuring that
			 public water systems in Massachusetts provide to the users thereof water that
			 is safe, fit and pure to drink.
(2)
								310 CMR
			 22.00 sets forth those standards and requirements of
			 general application and future effect which shall be used to implement,
			 interpret and enforce M.G.L. c. 40, §§ 15B, 38, 39B, 39C, 40, 41, and
			 41A; M.G.L. c. 111, §§ 2C, 5E, 5F, 5G, 17, 143, 159, 160, 160A, 160B,
			 162 and 165; M.G.L. c. 114, §§ 35 and 36; M.G.L. c. 140, §§
			 32B and 32H; and M.G.L. c. 165, §§ 4B and 6.
The Department affirms its authority to determine compliance or
				initiate enforcement actions related to
				310 CMR
				22.00 based upon analytical results and other
				information compiled by its sanctioned representatives and
				agencies.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 22.00 - Drinking Water › Section 22.03 - Compliance

Current through Register 1525, July 5, 2024
(1) No source of water used by a Public Water
			 System, no system of water supply used by a Public Water System, and no
			 treatment facilities or treatment works used by a Public Water System shall be
			 deemed by the Department to be safe, fit, or pure, or in any other way
			 approved; and no Supplier of Water, or other Person subject to a requirement of
			 310 CMR 22.00 shall supply drinking water to the users of a Public Water
			 System, including without limitation for emergency use; unless that Public
			 Water System complies with 310 CMR 22.00. In the event of a violation of 310
			 CMR 22.00, the Department may establish a schedule for compliance within an
			 administrative consent order or other enforceable document that may include
			 interim measures that the Supplier of Water must take. It shall be a violation
			 of 310 CMR 22.00 to fail to comply with:
(a)
			 any provision or requirement of 310 CMR 22.00;
(b) a schedule for compliance, including any
			 interim measures required by the Department in an administrative consent order
			 or other enforceable document; or
(c) any term or condition of a permit,
			 written approval, registration, certification or order issued by the Department
			 pursuant to M.G.L. c. 111, § 160 or 310 CMR 22.00.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 22.00 - Drinking Water › Section 22.04 - Construction, Operation and Maintenance of Public Water Systems

Current through Register 1525, July 5, 2024
(1)
New or Substantially Modified
			 Public Water Systems
. Any Person proposing to construct a new
			 Public Water System, operate a Public Water System or to substantially modify
			 an existing Public Water System shall obtain the prior written approval of the
			 Department, by at a minimum demonstrating to the Department's satisfaction
			 that:
(a) the drinking water source for the
			 system meets the criteria in 310 CMR 22.20A, 22.20B, 22.20C, and 22.21, as
			 applicable, and complies with the Department's Guidelines and Policies for
			 Public Water System;
(b) the
			 storage, treatment and Distribution System and facilities including
			 transmission lines for the system have been sited, designed, and constructed in
			 compliance with 310 CMR 22.19, 22.20A, 22.22 and the Department's
Guidelines and Policies for Public Water Systems
;
(c) the Supplier of Water has the technical,
			 managerial and financial capacity to operate and maintain the Public Water
			 System in compliance with 310 CMR 22.00, and each National Primary Drinking
			 Water Regulation in effect at the time of the Department's determination of the
			 system's capacity and in effect in the foreseeable future;
(d) the Public Water System is in compliance
			 with the Department's
Guidelines and Policies for Public Water
			 Systems
, in effect at the time of the Department's determination of
			 the system's capacity;
(e) the
			 Public Water System manager has attended a capacity training program approved
			 by the Department or shall attend such a program if deemed necessary by the
			 Department;
(f) in the case of
			 Transient Non-community Water Systems or any other Public Water System, if
			 deemed necessary by the Department, a notice has been or shall be recorded on
			 the deed of the property where a drinking water source serving such Public
			 Water System is located, stating that such property contains a drinking water
			 source subject to 310 CMR 22.00; and
(g) the staffing of the Public Water System
			 complies with 310 CMR 22.11B and any related policies established by the
			 Department or the Board of Certification of Operators of Drinking Water Supply
			 Facilities.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 22.00 - Drinking Water › Section 22.05 - Maximum Microbiological Contaminant Levels, Monitoring Requirements and Analytical Methods

Current through Register 1525, July 5, 2024
(1)
Routine Coliform Monitoring
.
(a)
General
			 Requirements
. Each Supplier of Water shall collect total coliform
			 samples at sites which are representative of water throughout the Distribution
			 System, at the entry point to the Distribution System, and at storage
			 facilities. All such samples shall be collected at the frequency applicable to
			 total coliform sampling set forth in the coliform sampling plan for that
			 Supplier of Water's Public Water System. Samples required to be collected at
			 the entry point to the Distribution System, in accordance with an approved
			 coliform sampling plan required by 310 CMR 22.05(1)(a)3., shall be collected in
			 addition to the minimum number of samples required pursuant to 310 CMR
			 22.05(1)(b), as set forth in 310 CMR 22.05:
Table 1
. Samples
			 required to be collected at storage facilities, in accordance with an approved
			 coliform sampling plan required by 310 CMR 22.05(1)(a)3., shall be collected in
			 addition to the minimum number of samples required pursuant to 310 CMR
			 22.05(1)(b), as set forth in 310 CMR 22.05:
Table 1
, unless
			 otherwise provided in the coliform sampling plan. The Department may require
			 additional routine monitoring samples to ensure adequate Distribution System
			 representation.
1. Each Supplier of Water is
			 required to maintain a Raw Water source sample tap at a location prior to any
			 alteration or treatment of the source water unless otherwise specified by the
			 Department in an approved coliform sampling plan.
a. A Supplier of Water shall collect a Raw
			 Water source sample if the water at the entry point to the Distribution System
			 is not representative of the source, or as otherwise specified in an approved
			 coliform sampling plan required by 310 CMR 22.05(1)(a)3.
b. If a Supplier of Water is required to
			 collect a Raw Water sample under 310 CMR 22.05(1)(a)1.a., then it shall collect
			 the sample monthly on the same day as any one of its required Distribution
			 Samples.
c. A total
			 coliform-positive Raw Water sample shall not trigger the requirements of 310
			 CMR 22.05(2).
d. In the event of a
			 total coliform-positive Raw Water sample, the Supplier of Water shall comply
			 with the applicable provisions of 310 CMR 22.26(3)(b) and other provisions of
			 310 CMR 22.26.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 22.00 - Drinking Water › Section 22.06A - Special Monitoring for Sodium, Reporting and Analytical Methods and Frequency

Current through Register 1525, July 5, 2024
(1)
Monitoring
. All public water systems (community,
			 non-transient non-community and transient non-community) shall monitor for the
			 determination of sodium concentration levels.
(2)
Initial Sampling
			 Frequency
. Each community, non-transient, non-community and
			 transient non-community water system is required to monitor for sodium during
			 the first three-year compliance period of each nine-year compliance cycle
			 beginning in the compliance period starting January 1, 1993.
(a)
GW Sampling
			 Frequency
. Groundwater systems shall take one sample at each
			 sampling point during each compliance period beginning in the compliance period
			 starting January 1, 1993, (once every three years).
(b)
SW Sampling
			 Frequency
. Surface water systems (or combined surface/ground)
			 shall take one sample annually at each sampling point beginning January 1,
			 1993.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 22.00 - Drinking Water › Section 22.06C - Compliance with Secondary Maximum Contaminant Level and Public Notification for Fluoride

Current through Register 1525, July 5, 2024
Community water systems sampling pursuant to 310 CMR 22.06
				which exceed the secondary maximum contaminant level for fluoride, but do not
				exceed the maximum contaminant level for fluoride, shall comply with 310 CMR
				22.16(4).
Secondary Maximum Contaminant Level for Fluoride -
				2.0 mg/l
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 22.00 - Drinking Water › Section 22.07C - Unregulated Inorganic and Organic Chemicals Special Monitoring

Current through Register 1525, July 5, 2024
(1)
Monitoring for Unregulated
			 Organic and Inorganic Contaminants
. The Monitoring frequency for
			 the contaminants listed in 310 CMR 22.07C(5), (7) and (8) shall be as follows.
(a)
Sampling for Synthetic
			 Organic Contaminants
. Reserved.
(b)
Sampling for Inorganic
			 Contaminants
. Reserved.
(c)
Sampling for Volatile Organic
			 Contaminants
. Each community and non-transient non-community water
			 system shall take one sample at each sampling point for each contaminant listed
			 in 310 CMR 22.07C(5) and report the results to the Department. Monitoring shall
			 be completed at the same time as routine VOC sampling in accordance with 310
			 CMR 22.07B.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 22.00 - Drinking Water › Section 22.07D - Secondary Chemical Standards

Current through Register 1525, July 5, 2024
(1)
Secondary Contaminants
. The following contaminant
			 levels apply to every public water systems:
Contaminant
Secondarv MCL
(a) Aluminum
0.05 to 0.2 mg/l
(b) Chloride
250 mg/l
(c) Color
15 Color Units
(d) Copper
1 mg/l
(e) Corrosivity
Non-corrosive
(f) Fluoride
2.0 mg/l
(g) Foaming Agents
0.5 mg/l
(h) Iron
0.3 mg/l
(i) Manganese
0.05 mg/l
(j) Odor
3 Threshold Unit Number
(k) pH
6.5-8.5
(l) Silver
0.10 mg/l
(m) Sulfate
250 mg/l
(n) Total Dissolved Solids
500 mg/l
(o) Zinc
5 mg/l
(2)
Monitoring for Secondary Contaminants
. The monitoring
			 frequency for the contaminants listed in
			 310 CMR 22.07D(1)
			  is at the discretion of the
			 Department.
(3)
Exceeding a Secondary Maximum Contaminant Level
. If
			 the Department finds based on a health evaluation by the Department's Office of
			 Research and Standards, that an SMCL exceedance, acting alone or in combination
			 with other contaminants, poses an unacceptable health risk to consumers, the
			 public water system shall take all actions necessary to reduce the SMCL
			 concentrations to levels the Department deems safe by the deadline specified by
			 the Department. Such public water system shall also monitor the water and
			 provide public notice as directed by the Department and notify the Department
			 in writing of its proposed actions.
(4) The analytical methods for Secondary
			 Contaminants are available in the Federal Register/Vol.72, No. 47/March 12,
			 2007.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 22.00 - Drinking Water › Section 22.07E - Disinfection Byproducts, Disinfectant Residuals and Disinfection Byproduct Precursors

Current through Register 1525, July 5, 2024
(1)
MCLs for Disinfection Byproducts
. The Maximum
			 Contaminant Levels for Disinfection byproducts of
			 310
			 CMR 22.07E apply only to Community Water
			 Systems and Non-transient Non-community Water Systems which add a chemical
			 Disinfectant (oxidant) to the water in any part of the drinking water treatment
			 process. The MCLs are as follows:
Disinfection
							 Byproduct
MCL (ma/l)
Total Trihalomethanes (TTHM)
0.080
Haloacetic (Acids Five) (HAA5)
0.060
Bromate
0.010
Chlorite
1.0
Total Trihalomethanes are the sum of the concentrations of
				bromodichloromethane, dibromochloromethane, tribromomethane (bromoform) and
				trichloromethane (chloroform) expressed in milligrams per liter (mg/l).
				Haloacetic acids are the sum of the concentrations of monochloroacetic acid,
				dichloroacetic acid, trichloroacetic acid, monobromoacetic acid and
				dibromoacetic acid expressed in milligrams per liter (mg/l).
(a)
Compliance Dates for CWSs and
			 NTNCWSs
. Surface Water and Groundwater under the Direct Influence
			 of Surface Water systems serving 10,000 or more persons must comply with 310
			 CMR 22.07E(1) beginning January 1, 2002. Surface Water and Groundwater under
			 the Direct Influence of Surface Water systems serving fewer than 10,000 persons
			 and systems using only groundwater not under the direct influence of surface
			 water must comply with 310 CMR 22.07E(1) beginning January 1, 2004.
(b)
TTHM and HAA5 - RAA
			 Compliance
.
Compliance Dates
. Surface Water and
				Groundwater under the Direct Influence of Surface Water systems serving 10,000
				or more persons must comply with 310 CMR 22.07E(1)(b) beginning January 1,
				2002. Surface Water systems and Groundwater under the Direct Influence of
				Surface Water systems serving fewer than 10,000 persons and systems using only
				groundwater not under the direct influence of surface water must comply with
				310 CMR 22.07E(1)(b) beginning January 1, 2004. All systems must comply with
				these MCLs until the date specified for Disinfection byproduct compliance in
				310 CMR 22.07F(7).
(c)
Stage 2 Disinfection Byproducts - LRAA Compliance
.
Compliance Dates
. The MCLs required
				under 310 CMR 22.07F for TTHM and HAA5 must be complied with as a Locational
				Running Annual Average at each monitoring location beginning the date specified
				for compliance in 310 CMR 22.07F(7)(c).
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 22.00 - Drinking Water › Section 22.07G - Per- and Polyfluoroalkyl Substances (PFAS) Monitoring and Analytical Requirements

Current through Register 1525, July 5, 2024
(1)
General Applicability
. Every Supplier of Water
			 operating a Community Water System or Non-transient, Non-community Water System
			 shall be subject to 310 CMR 22.07G(3) through (17).
(2)
Special Applicability for
			 Transient, Non-community Water Systems
. Every Supplier of Water
			 operating a Transient, Non-community Water System shall collect, analyze and
			 report the results of one sample from each Sampling Point, or alternate
			 sampling location required by the Department pursuant to 310 CMR 22.07G(4)(a)
			 or (b), no later than September 30, 2022. All such monitoring shall be
			 performed in compliance with the provisions addressing monitoring protocols,
			 invalidation of PFAS samples, PFAS analytical requirements, PFAS reporting
			 requirements, PFAS6 minimum reporting levels and electronic filing requirement
			 set forth in 310 CMR 22.07G(4), (9), (12), (13), (16) and (17).
(3)
Per- and Polyfluoroalkyl
			 Substances
.
(a)
PFAS
. PFAS shall mean per- and polyfluoroalkyl
			 substances.
(b)
PFAS
			 Detection
. PFAS Detection shall mean a concentration of any PFAS
			 measured in accordance with 310 CMR 22.07G(12) which is greater than or equal
			 to the analytical laboratory's applicable Minimum Reporting Level (or
			 MRL).
(c)
PFAS6
. PFAS6 shall mean the sum of the concentrations
			 of the six contaminants listed in the following table:
CAS No.
Contaminant
1763-23-1
Perfluorooctane Sulfonic Acid (PFOS)
335-67-1
Perfluorooctanoic Acid (PFOA)
355-46-4
Perfluorohexane Sulfonic Acid (PFHxS)
375-95-1
Perfluorononanoic Acid (PFNA)
375-85-9
Perfluoroheptanoic Acid (PFHpA)
335-76-2
Perfluorodecanoic Acid (PFDA)
(d)
PFAS6 Maximum Contaminant Level
. The PFAS6 Maximum
			 Contaminant Level (MCL) shall be 0.000020 milligrams per liter (mg/l) or 20
			 nanograms per liter (ng/l).
(e)
Review of PFAS and Drinking Water
. Not later than
			 December 31, 2023, and once every three years thereafter, the Department shall
			 perform a review of relevant developments in the science, assessment and
			 regulation of PFAS in drinking water for the purpose of evaluating whether to
			 amend 310 CMR 22.07G(3) in light of any advancements in analytical or treatment
			 technology, toxicology and/or any other relevant information. Information about
			 this review shall be made available to the public.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 22.00 - Drinking Water › Section 22.08 - Maximum Turbidity Contaminant Levels, Monitoring Requirements and Analytical Methods for Unfiltered Systems and for Filtered Systems Not in Compliance with 310 CMR 22.20A

Current through Register 1525, July 5, 2024
(1) The maximum
			 contaminant level for turbidity, applicable only to public water systems which
			 use water obtained in whole or in any part from surface water sources, shall be
			 measured at representative entry point(s) to the distribution system, and shall
			 be:
(a) One turbidity unit, (one NTU,
			 Nephelometric turbidity unit) as determined by a monthly average rounded to the
			 nearest significant whole number pursuant to 310 CMR 22.08(3) except that five
			 or fewer turbidity units may be allowed if the supplier of water can
			 demonstrate to the Department that the higher turbidity does not do any of the
			 following:
1. Interfere with
			 disinfection;
2. Prevent
			 maintenance of an effective disinfectant agent throughout the distribution
			 system; or
3. Interfere with
			 microbiological determinations.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 22.00 - Drinking Water › Section 22.10 - Alternative Analytical Methods

Current through Register 1525, July 5, 2024
(1) With the
			 express written permission of the Department, given after a public hearing and
			 the approval of the Administrator or the Administrator's designee, an alternate
			 analytical technique may be employed for any analytical technique prescribed in
			 310 CMR 22.00. The Department shall give such permission only if the
			 alternative technique is substantially equivalent to the prescribed test in
			 both precision and accuracy as it relates to the determination of compliance
			 with any maximum contaminant level. The use of the alternative analytical
			 technique shall not alter the frequency of monitoring required by 310 CMR
			 22.00.
(2) The Department shall
			 approve all USEPA Alternative Testing Methods approved for analyses under the
			 Safe Drinking Water Act that are identified in 40 CFR 141, Subpart C, Appendix
			 A. These methods are also listed at
http://www.ecfr.gov/cgi-bin/text-idx?SID=fda778b5ffa108853e7f2eb78b656c5a&mc=true&node=sp40.23.141.c&rgn=div6#ap40.23.141_129.a
.
			 The use of these alternative analytical techniques shall not alter the
			 frequency of monitoring required by 310 CMR 22.00 and laboratories seeking to
			 use the methods must comply with all requirements of 310 CMR 42.00:
Certification and Operation of Environmental Analysis
			 Laboratories
.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 22.00 - Drinking Water › Section 22.11A - Laboratoy Certification

Current through Register 1525, July 5, 2024
(1) No laboratory
			 shall conduct the analyses of drinking water required by 310 CMR 22.00 nor
			 report them to the Supplier of Water or to the Department for the purpose of
			 complying with 310 CMR 22.00 unless the Department has certified the laboratory
			 to conduct analytical measurements, pursuant to 310 CMR 42.00:
Certification and Operation of Environmental Analysis Laboratories
except that measurements of Turbidity, chlorine residual,
			 temperature, pH, alkalinity, calcium, conductivity, orthophosphates, silica and
			 other analyses for the control of treatment works for Public Water Systems may
			 be performed by any employee or agent of the Public Water System whom the
			 Department designates as competent and authorized to perform such analyses. No
			 sample shall be considered for the purpose of determining compliance with 310
			 CMR 22.00 if the sample was analyzed by a laboratory not certified pursuant to
			 310 CMR 42.00:
Certification and Operation of Environmental Analysis
			 Laboratories
, or analyzed by an unapproved analytical method. All
			 sample results submitted to the Department shall be on forms specified and
			 approved by the Department. Certified laboratories, or other agents approved by
			 the Department, shall provide chain of custody, collection containers of the
			 recommended size, quality and construction for the collection of drinking water
			 samples, as well as any required preservative.
(2) The Department may accept results of
			 analyses performed by laboratories which are certified by the EPA or any other
			 certification authority approved by the Department. Such laboratories must
			 continue to participate in performance evaluation studies and in laboratory
			 intercomparison cross check studies which include the analyses for which the
			 laboratory is certified or seeking certification.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 22.00 - Drinking Water › Section 22.11B - Public Water Systems Certified Operator Staffing Requirements

Current through Register 1525, July 5, 2024
(1)
Operation
. Each
			 Supplier of Water shall ensure that its Public Water System is operated at all
			 times by a Primary and Secondary Operator for the treatment and distribution of
			 drinking water, unless otherwise authorized in writing by the Department. Any
			 Public Water System personnel who make decisions regarding the Public Water
			 System's process control or operational integrity shall be certified pursuant
			 to 236 CMR:
Board of Certification of Operators of Drinking Water
			 Supply Facilities
. Exemptions to this requirement are addressed in 310
			 CMR 22.11B(5). The Primary Operator shall be directly responsible for the
			 operation of a Treatment Facility and/or Distribution System. The Secondary
			 Operator shall be directly responsible for the operation of a Treatment
			 Facility and/or Distribution System or a major segment of the Public Water
			 System, during the temporary absence of the Primary Operator or during
			 operational shifts when the Primary Operator is not scheduled to work. Persons
			 exercising official general administrative duties such as city engineers
			 exercising engineering design duties, elected water commissioners, clerks or
			 administrative workers involved in customer relations, billing, payroll,
			 timekeeping,
etc
. shall not be considered directly responsible
			 for a Public Water System, unless otherwise authorized in writing by the
			 Department.
(2)
Staffing Requirements
. In order to ensure the proper
			 management, operation and maintenance of Public Water Systems, every Public
			 Water System, except as provided in 310 CMR 22.11B(5), shall be operated as
			 follows:
(a)
Treatment - Primary
			 Operator
.
1. A Public Water
			 System utilizing treatment shall be operated, whenever the Treatment Facility
			 is in operation, by a Primary Operator (
i.e
., a Certified
			 Operator who has a grade certificate at least equal to the class of the
			 Treatment Facility, as further defined in 310 CMR 22.02) who, except when
			 temporarily absent, shall be:
a. present at
			 the Treatment Facility at least one seven-hour working shift each day for five
			 days during each work week (meaning seven consecutive days); and
b. available to respond in person to
			 Emergencies at the Treatment Facility within one hour at all times when not
			 present at the Treatment Facility.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 22.00 - Drinking Water › Section 22.12 - Consecutive Public Water Systems

Current through Register 1525, July 5, 2024
(1) When a
			 public water system supplies water to one or more other consecutive public
			 water systems, the Department may, based on a written request by the
			 consecutive system, modify the monitoring requirements in 310 CMR 22.00
			 otherwise applicable to the consecutive system based on the extent that the
			 interconnection of the system justifies treating them as a single system for
			 monitoring purposes. Any modified monitoring shall be conducted pursuant to a
			 written schedule approved by the Department.
(2) Any reduced monitoring plan approved by
			 the Department pursuant to 310 CMR 22.12(1) will require a consecutive system
			 to collect, at a minimum, the samples specified at 310 CMR 22.05, and monthly
			 total coliform samples at each entry point to the distribution
			 system.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 22.00 - Drinking Water › Section 22.13 - Variances

Current through Register 1525, July 5, 2024
The Department upon receipt of an application from the Public
				Water System, may grant variances from the requirements of
				310
				CMR 22.05 through
				22.09A,
				but only subject to the following conditions:
(1) The Department may grant one or more
			 variances to one or more Public Water Systems:
(a) which, because of characteristics of the
			 raw water sources which are reasonably available to the system(s), cannot
			 comply with a prescribed Maximum Contaminant Level or levels despite
			 application of the best technology, Treatment Techniques, or other means, which
			 the Department finds are generally available, taking costs into consideration.
			 The Department shall not grant a variance pursuant to 310 CMR 22.13(1)(a)
			 unless the Department finds in consultation with the Massachusetts Department
			 of Public Health that the variance will not result in an unreasonable risk to
			 health. If the Department grants a Public Water System a variance pursuant to
			 310 CMR 22.13(1)(a) the Department shall prescribe at the time the variance is
			 granted, a compliance schedule for:
1.
a. Compliance, within the shortest
			 practicable time feasible under the circumstances but not to exceed five years,
			 except as provided in 310 CMR 22.13(1)(a)2., including increments of progress
			 by the Public Water System with each Maximum Contaminant Level requirement with
			 respect to which the variance was granted; and
b. Implementation by the Public Water System
			 of such control measures as the Department may require for each contaminant,
			 that is subject to the Maximum Contaminant Level requirement, during the period
			 ending on the date compliance with such requirement is required.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 22.00 - Drinking Water › Section 22.13A - Small System Variances

Current through Register 1525, July 5, 2024
For compliance with a requirement specifying a Maximum
				Contaminant Level or treatment technique contained in
				310 CMR
				22.00.
(1)
Size of Public Water System Eligible for a Small System
			 Variance
.
(a) The Department may
			 grant a small system variance to a Public Water System serving:
1. 3,300 persons or fewer, or
2. more than 3,300 persons, but fewer than
			 10,000 persons, with approval of the Administrator.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 22.00 - Drinking Water › Section 22.14 - Exemptions

Current through Register 1525, July 5, 2024
The Department may, upon receipt of an application, exempt any
				public water system from any maximum contaminant level prescribed in
				310
				CMR 22.06 through
				22.09A,
				or from any prescribed treatment technique, or from both, but only subject to
				the following conditions:
(1) The
			 Department shall not grant any exemption unless the Department finds all of the
			 following:
(a) Due to compelling factors,
			 which may include economic factors, the public water system is unable to comply
			 with the maximum contaminant level requirement or the treatment technique
			 requirement; or to implement measures to develop an alternative source of water
			 supply;
(b) The public water system
			 was in operation on the effective date of such maximum contaminant level
			 requirement or treatment technique requirement; or for a public water system
			 that was not in operation by that date, no reasonable alternative source of
			 drinking water is available to such new public water system;
(c) The granting of the exemption will not
			 result in an unreasonable risk to health. The Department shall make this
			 finding in consultation with the Massachusetts Department of Public Health;
			 and
(d) Management or restructuring
			 changes (or both) cannot reasonably be made that:
1. will result in compliance with 310 CMR
			 22.00, taking into consideration the circumstances specified in
			 40
			 C.F.R. 142.20(b)(1)(i)
			 (effective September 14, 1998), incorporated by reference); or
2. if compliance cannot be achieved, will
			 improve the quality of the drinking water.
(e) The system has the technical, managerial,
			 and financial capacity to adhere to 310 CMR 22.04(3), as determined by the
			 Department.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 22.00 - Drinking Water › Section 22.15 - General Reporting Requirements

Current through Register 1525, July 5, 2024
(1)
(a) Except where a different reporting period
			 is specified in 310 CMR 22.00, each Supplier of Water shall report to the
			 Department within 48 hours every failure to comply with any of 310 CMR 22.00
			 applicable to the Supplier of Water, including failure to comply with any
			 monitoring requirement applicable to the Supplier of Water pursuant to any of
			 310 CMR 22.00 and every failure to comply with a Treatment Technique approved
			 by the Department.
(b)
Nitrate Reporting Requirements
. With regard to
			 nitrate, a Supplier of Water shall notify the Department of Public Health and
			 local public health authorities within 30 days of the date the Public Water
			 System first learns of an analysis taken for purposes of 310 CMR 22.06 which
			 indicates nitrate levels in excess of 10 mg/L.
(c) Except where a different reporting period
			 is specified in 310 CMR 22.00, for each acute contaminant specified in 310 CMR
			 22.16:
Table 3
, or where a single sample result is greater
			 than four times the MCL, each Supplier of Water shall report to the Department
			 an MCL exceedance on the same business day that the Supplier of Water becomes
			 aware of the test results. If the Supplier of Water receives such notification
			 outside of the Department's regular business hours, then the Supplier of Water
			 shall notify and consult with the Department on the next business day. In cases
			 where the Supplier of Water receives such notification, and the following day
			 is a non-business day then it shall provide notification to the Department by
			 calling the Department's Emergency notification telephone number and using any
			 other electronic reporting tool designated by the Department, or other
			 Department designated numbers no later than 24 hours after it receives such
			 notification from the laboratory.
(d) A system must notify the Department as
			 soon as possible but no later than the end of the day (
i.e
.
			 prior to midnight) when the system learns of an
E. coli
MCL
			 violation, in accordance with 310 CMR 22.05(12)(a)1.a., and must notify the
			 public in accordance with 310 CMR 22.16.