Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 22.00 - Drinking Water › Section 22.21 - Groundwater Supply Protection

Current through Register 1525, July 5, 2024
The following requirements shall apply to all persons to
				protect groundwater used as sources of public drinking water supply from
				contamination:
(1)
Source
			 Approval
(a) No public water
			 supply well, wellfield, or spring shall be constructed, expanded or replaced,
			 and no water supply well, wellfield, or spring shall be placed on-line in a
			 public water system, without the prior written approval of the Department.
			 Persons seeking such approval are directed to follow the procedures set forth
			 in the Drinking Water Program's
Guidelines and Policies for Public
			 Water Systems
.
All requests for source approval, or approval of Zone II and
				III delineations, shall be submitted to the Department's Regional Office
				serving the area where the proposed well, wellfield, or spring is
				located.
In determining whether to grant such approval, the Department
				shall apply the criteria set forth in 310 CMR 22.21 and the
Guidelines
				and Policies for Public Water Systems
. Copies of the
Guidelines and Policies for Public Water Systems
are available
				for a nominal fee from the State Bookstore, State House, Room 116, Boston,
				Massachusetts and 436 Dwight Street, Springfield, Massachusetts.
(b) No public water supply well or
			 wellfield designed to withdraw, or spring which flows, less than 100,000
			 gallons per day shall be constructed, expanded or replaced, or placed on-line,
			 unless the Department finds in writing:
1.
			 that the proponent has satisfactorily complied with the Drinking Water
			 Program's
Guidelines and Policies for Public Water
			 Systems
;
2. that the
			 source of water supply for the well, wellfield, or spring will achieve all
			 applicable water quality standards set forth in the Massachusetts Drinking
			 Water Regulations, 310 CMR 22.00;
3. that the proponent has properly determined
			 the Zone I of the proposed well, wellfield, or spring;
4. that the Zone I of the proposed well,
			 wellfield, or spring is owned or controlled by the supplier of water;
			 and
5. that current and/or future
			 land uses within the Zone I are limited to those directly related to the
			 provision of public drinking water or will have no significant adverse impact
			 on water quality.
In addition, the Department may require the proponent to
				delineate Zones II and III, and submit a groundwater monitoring well program
				plan for approval if the Department finds that existing or proposed land uses
				within the Interim Wellhead Protection Area of the proposed well, wellfield, or
				spring, determined in accordance with 310 CMR 22.21(1)(i), may pose a threat to
				water quality.
(c) No public water supply well, wellfield or
			 spring designed to withdraw, or spring which flows, 100,000 gallons per day or
			 more shall be constructed, expanded or replaced unless the Department finds in
			 writing:
1. that the proponent has met all the
			 requirements set forth in 310 CMR 22.21(1)(b)1. through 5.;
2. that the proponent has properly delineated
			 the Zones II and III of the proposed well, wellfield, or spring;
3. that the proponent has submitted a
			 groundwater monitoring well program plan designed to evaluate the water quality
			 impacts of land uses within the Zone II of the proposed well, wellfield, or
			 spring; and
4. that the proponent
			 has drafted wellhead protection zoning or nonzoning controls that prohibit
			 siting within the Zone II the land uses set forth in 310 CMR 22.21(2)(a) and
			 (b) unless designed in accordance with the performance standards specified in
			 310 CMR 22.00, and has complied with the nitrate management requirement of 310
			 CMR 22.21(2)(d).
(d) No
			 public water supply well, wellfield or spring designed to withdraw, or spring
			 which flows, 100,000 gallons per day or more shall be placed on-line unless:
1. a groundwater monitoring well program plan
			 approved by the Department has been fully implemented (
i.e
.
			 the monitoring wells are operational and the sampling frequency and parameters
			 have been approved by the Department); and
2. the cities and towns in which any part of
			 the Zone II of the proposed well, wellfield, or spring is located have wellhead
			 protection zoning or nonzoning controls in effect that prohibit siting within
			 the Zone II the land uses set forth in 310 CMR 22.21(2)(a) and (b) unless
			 designed in accordance with the performance standards specified in 310 CMR
			 22.00. If the public water system is owned or controlled by an entity other
			 than a municipality, the proponent must demonstrate to the Department's
			 satisfaction that it has used its best efforts to have all cities and towns in
			 which the Zone II is located establish such zoning or nonzoning
			 controls.
(e)
			 Notwithstanding 310 CMR 22.21(1)(d)2., no public water supply well, wellfield
			 or spring designed to withdraw, or spring which flows, 100,000 gallons per day
			 or more that will be used in a public water system owned or operated by a
			 municipality, and is located within that municipality, shall be placed on-line
			 unless the municipality has wellhead protection zoning or nonzoning controls in
			 effect that prohibit siting within the Zone II the land uses set forth in 310
			 CMR 22.21(2)(a) and (b) unless designed in accordance with the performance
			 standards specified therein. If the Zone ll of a municipal public water system
			 extends into another municipality, the water supplier must also demonstrate to
			 the Department's satisfaction that it has used its best efforts to have all
			 cities and towns into which the Zone II extends establish such zoning or
			 nonzoning controls within the Zone II.
(f) Notwithstanding any other regulatory
			 provision to the contrary, the Department may waive the requirement that the
			 proponent of a public water supply well, wellfield, or spring delineate the
			 Zone II, provided:
1. the proponent has
			 properly delineated the Zone III;
2. each city and town in which the Zone III
			 of the proposed well, wellfield, or spring is located has wellhead protection
			 zoning or nonzoning controls in effect that prohibit within the Zone III the
			 land uses set forth in 310 CMR 22.21(2)(a) and (b) unless designed in
			 accordance with the performance standards specified in 310 CMR 22.00;
3. the proponent has submitted a groundwater
			 monitoring well program plan designed to evaluate the water quality impacts of
			 land uses within the Zone III of the proposed well, wellfield, or spring;
			 and
4. the desired relief can be
			 granted without substantial detriment to the public good.
In the event the Department waives the requirement that the
				proponent delineate the Zone II of a proposed public water supply well,
				wellfield, or spring, the supplier of water shall fully implement the
				groundwater monitoring well program plan approved by the Department before
				placing the well, wellfield, or spring on-line (
i.e
. the
				monitoring wells shall be operational and the sampling frequencies and
				parameters shall have been approved by the Department).
(g) In determining whether a
			 proponent has properly determined the Zone I or delineated the Zones II or III
			 of a well, wellfield, or spring, or adequately designed a groundwater
			 monitoring well program plan, the Department shall apply the criteria set forth
			 in the Drinking Water Program's
Guidelines and Policies for Public
			 Water Systems
.
(h) Any
			 person who receives Department approval for a public water supply well,
			 wellfield or spring designed to withdraw, or spring which flows, 100,000
			 gallons per day or more that is not a replacement withdrawal point shall obtain
			 a permit for any withdrawal, in accordance with the Water Management Act,
			 M.G.L. c. 21G, and 310 CMR 36.00:
Massachusetts Water Resources
			 Management Program
.
(i)
			 If the Department has not approved the Zone II for a public water supply well,
			 wellfield, or spring, the Department will utilize the Interim Wellhead
			 Protection Area as defined in 310 CMR 22.02.
(j) The proponent may meet the requirements
			 set forth in 310 CMR 22.21(1)(d)2. by demonstrating that existing rights in
			 perpetuity or for a specific period of years stated in the form of a
			 restriction, easement, covenant or condition in a deed or other instrument
			 prohibit the siting of the land uses set forth in 310 CMR 22.21(2)(a) and (b)
			 within the Zone II.
(k) The
			 proponent may meet the requirements set forth in 310 CMR 22.21(1)(f)2. by
			 demonstrating that existing rights in perpetuity or for a specific period of
			 years stated in the form of a restriction, easement, covenant or condition in a
			 deed or other instrument prohibit the siting of the land uses set forth in 310
			 CMR 22.21(2)(a) and (b) within the Zone III.
(l) No public water supply well, wellfield or
			 spring designed to withdraw, or spring which flows, 100,000 gallons per day or
			 more approved after the effective date of 310 CMR 22.21 shall remain on-line
			 following the amendment or repeal of a wellhead protection zoning or nonzoning
			 control pertinent to that well, wellfield, or spring, or the expiration of any
			 such period of years stated in a deed or other instrument approved pursuant to
			 310 CMR 22.21(1)(j) or (k), unless the Department finds in writing that the
			 supplier of water meets the requirements set forth in 310 CMR 22.21(1)(d) or
			 (e), whichever is applicable, or grants a variance in accordance with 310 CMR
			 22.21(5). Any source of supply removed from service shall be maintained by the
			 supplier of water as an emergency source of water supply unless the Department
			 finds in writing that the source is not needed by the supplier of water for
			 present or future water supply.
(m)
			 Notwithstanding any other regulatory provision to the contrary, the Department
			 may exempt a supplier of water from any of the requirements set forth in 310
			 CMR 22.21(1)(d) while a state of water emergency declared pursuant to M.G.L. c.
			 21G, § 15, is in effect. In the event that the Department grants such an
			 exemption, the well, wellfield, or spring shall remain on-line only for the
			 duration of the state of water emergency, as determined by the
			 Department.