Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 16.00 - Notification Requirements to Promote Public Awareness of Sewage Pollution › Section 16.04 - Requirements for Public Advisory Notifications

Current through Register 1525, July 5, 2024
(1) A
			 permittee shall utilize metering to determine or discover when a discharge
			 described in 314 CMR 16.03(1)(a) or (b) occurs at its outfall and requires a
			 public advisory notification, unless the permittee requests authorization, and
			 receives written approval from the Commissioner, to utilize another method in
			 accordance with 314 CMR 16.04(2).
(2) The permittee shall apply to the
			 Commissioner for approval of any method other than, or in addition to metering
			 to determine or discover a discharge described in 314 CMR 16.03(1)(a), within
			 the timeframes established in 314 CMR 16.04 and in accordance with the process
			 described in 314 CMR 16.06. The permittee shall apply to the Commissioner for
			 approval of any method other than, or in addition to metering to determine or
			 discover a discharge described in 314 CMR 16.03(1)(b), within the timeframes
			 established in 314 CMR 16.04, by submitting a request to the Department and
			 providing information to support that request. The Commissioner shall approve
			 the proposed method if the Commissioner determines that the permittee can
			 obtain reliable information by such method about any discharge from its outfall
			 and issue public advisory notifications within the timeframes established in
			 314 CMR 16.04. If the proposed method or the current discharge detection
			 capabilities of the permittee's outfall will not provide timely or reliable
			 information, the Commissioner may extend the time for a permittee to issue a
			 public advisory notification, provided that such time shall be extended only as
			 necessary and not more than 24 hours after discovery of the discharge. A
			 permittee that has been granted an extension shall make necessary improvements
			 to its outfall, system, or methodology, if any, in the timeframe specified in
			 the Commissioner's approval, to detect or discover an outfall discharge within
			 the timeframes established in 314 CMR 16.04. The Commissioner's approval of an
			 alternate detection method, or extension of notification timeframe may be
			 provided within the approval of a CSO Public Notification Plan, in accordance
			 with 314 CMR 16.06.
(3) A permittee
			 shall establish and maintain a public website to post public advisory
			 notifications when issued and to receive requests from the public to subscribe
			 to and receive public advisory notifications by email or text message. When a
			 permittee issues a public advisory notification, in addition to the information
			 required to be included in the notification by 314 CMR 16.04(10), the permittee
			 shall include information on its website about any treatment to disinfect
			 pathogens and remove solids and other pollutants from the discharge or
			 overflow, and links to websites providing information on the closure or
			 advisory status of shellfish growing areas, bathing beaches, or other water
			 resource areas potentially affected by the discharge or overflow.
(4) A permittee required by 314 CMR 16.03 to
			 issue public advisory notifications shall do so as soon as possible, but no
			 later than two hours, after discovery of a discharge or overflow, unless the
			 Commissioner has approved in writing a longer time period in accordance with
			 314 CMR 16.04(2).
(a) The public advisory
			 notification, and any updates required by 314 CMR 16.04(7) and (8), shall be
			 posted on the permittee's website and issued electronically to: the Department;
			 the U.S. Environmental Protection Agency; the Massachusetts Department of
			 Public Health; the municipal board of health or the health department where the
			 outfall or overflow is located; the board of health or the health department
			 and shellfish constables (if applicable) for any municipality directly impacted
			 by the discharge or overflow; any person who subscribed to receive such public
			 advisory notifications by email or text messaging; the public water supplier(s)
			 where drinking water supplies may be affected; the Massachusetts Division of
			 Marine Fisheries where shellfish growing areas may be affected; the
			 Massachusetts Department of Conservation and Recreation when its water
			 recreation properties may be affected; the Massachusetts Division of Fisheries
			 and Wildlife when its boat ramps and fishing piers may be affected; and
			 operators of any potentially affected bathing beaches, as defined in 105 CMR
			 445.00:
Minimum Standards for Bathing Beaches (State Sanitary Code:
			 Chapter VII)
.
(b) The
			 public advisory notification, and any updates required by 314 CMR 16.04(7) and
			 (8), shall also be issued to at least the two largest news organizations that
			 report on local news in municipalities near the outfall. In municipalities with
			 environmental justice populations, if neither of the two largest news
			 organizations specifically serves the environmental justice populations, at
			 least one additional news organization that primarily serves the environmental
			 justice population(s) within the impacted municipalities must be
			 notified.