(1)
Classes and Uses. The surface waters of the
Commonwealth shall be segmented and each segment assigned to one of the Classes
listed in 314 CMR
4.05(3) and (4). Each class is identified by the most
sensitive, and therefore governing, water uses to be achieved and protected.
Surface waters may be suitable for other beneficial uses, but shall be
regulated by the Department to protect and enhance the existing and designated
uses. In accordance with
314 CMR
4.03(4), the Department may
designate a partial use subcategory for these Classes. A partial use
designation may be appropriate where waters are impacted by combined sewer
overflows or stormwater discharges. Partial use is described in
314 CMR
4.06(1)(d)11.
(2)
Criteria.
(a) Minimum criteria for each class of
surface water are listed in 314 CMR
4.05(3) and (4). Additional minimum
criteria for all surface waters are listed in 314 CMR
4.05(5). In cases where
fresh water and coastal and marine waters mix, 314 CMR
4.05(6) establishes
whether fresh water or coastal and marine water aquatic life criteria apply.
Provided that all existing and designated uses are protected, the Department
may establish site-specific criteria as alternative minimum criteria.
Site-specific numerical criteria also may supplement any of the narrative
criteria in
314 CMR 4.00. Site-specific
criteria are set forth in and pursuant to 314 CMR
4.05(7). Should the
Department develop site-specific numerical criteria for any pollutant that is
the primary cause of nonattainment of any criteria in
314 CMR 4.00, the Department
may determine that such site-specific criteria supersede other criteria in
314 CMR 4.00. The Department
may establish site-specific criteria for a segment or segments of a water, for
an entire water, or for a group of waters with similar physical, chemical or
biological qualities. The Department may establish site-specific hydrologic
conditions at which criteria are applied. The Department will adopt any such
site-specific criteria as revisions to
314 CMR 4.00 in accordance
with M.G.L. c. 30A.
(b) Criteria
for segments designated for partial use in
314 CMR
4.06 shall be site-specific but, to the
maximum extent feasible, shall be the same as the criteria assigned to the
Class. For segments so designated because of the impacts of CSO or stormwater
discharges, criteria may depart from the criteria assigned to the Class only to
the extent necessary to accommodate the technology-based treatment limitations
of the CSO or stormwater discharges.
(3)
Inland Water
Classes.
(a)
Class
A. Those Inland Waters so designated pursuant to
314 CMR
4.06; including, without limitation,
314 CMR
4.06(1)(d)1. and (4) as
public water supplies and their tributaries; certain wetlands designated in
314 CMR
4.06(2); certain reservoirs
designated in
314 CMR
4.06(3); and certain surface
waters designated in
314 CMR
4.06(6)(b). They are
designated as excellent habitat for fish, other aquatic life and wildlife,
including for their reproduction, migration, growth and other critical
functions, and for primary and secondary contact recreation, even if not
allowed. These waters shall have excellent aesthetic value. These waters are
protected as Outstanding Resource Waters.
1.
Dissolved Oxygen. Shall not be less than 6.0 mg/L in
cold water fisheries and not less than 5.0 mg/L in warm water fisheries. Where
natural background conditions are lower, DO shall not be less than natural
background conditions. Natural seasonal and daily variations that are necessary
to protect existing and designated uses shall be maintained.
2.
Temperature.
a. Shall not exceed 68°F (20°C) based
on the mean of the daily maximum temperature over a seven-day period in cold
water fisheries, unless naturally occurring. Where a reproducing cold water
aquatic community exists at a naturally occurring higher temperature, the
temperature necessary to protect the community shall not be exceeded and
natural daily and seasonal temperature fluctuations necessary to protect the
community shall be maintained. Temperature shall not exceed 83°F
(28.3°C) in warm water fisheries. The rise in temperature due to a
discharge shall not exceed 1.5°F (0.8°C); and
b. natural seasonal and daily variations that
are necessary to protect existing and designated uses shall be maintained.
There shall be no changes from natural background conditions that would impair
any use assigned to this Class, including those conditions necessary to protect
normal species diversity, successful migration, reproductive functions or
growth of aquatic organisms.
3.
pH. Shall be in
the range of 6.5 through 8.5 standard units and not more than 0.2 units outside
of the natural background range. There shall be no change from natural
background conditions that would impair any use assigned to this
Class.
4.
Bacteria.
a. Waters
designated for shell fishing shall not exceed a fecal coliform median or
geometric mean MPN of 88 organisms per 100 mL, nor shall more than 10% of the
samples exceed an MPN of 260 per 100 mL or other values of equivalent
protection based on sampling and analytical methods used by the Massachusetts
Division of Marine Fisheries and approved by the National Shellfish Sanitation
Program in the latest revision of the Guide For The Control of Molluscan
Shellfish (more stringent regulations may apply,
see
314
CMR
4.06(1)(d)5.);
and
b. For protection of primary
contact recreation, surface waters shall meet the minimum criteria for bacteria
set forth in 314 CMR
4.05(5)(f)2. and 3.
5.
Solids. These
waters shall be free from floating, suspended and settleable solids in
concentrations or combinations that would impair any use assigned to this
class, that would cause aesthetically objectionable conditions, or that would
impair the benthic biota or degrade the chemical composition of the
bottom.
6.
Color and
Turbidity. These waters shall be free from color and turbidity in
concentrations or combinations that are aesthetically objectionable or would
impair any use assigned to this class.
7.
Oil and Grease.
These waters shall be free from oil, grease and petrochemicals that produce a
visible film on the surface of the water, impart an oily taste to the water or
an oily or other undesirable taste to the edible portions of aquatic life, coat
the banks or bottom of the water course, or are deleterious or become toxic to
aquatic life.
8.
Taste
and Odor. None in such concentrations or combinations that are
aesthetically objectionable, that would impair any use assigned to this class,
or that would cause tainting or undesirable flavors in the edible portions of
aquatic life.
(b)
Class B. Those Inland Waters so designated pursuant to
314 CMR
4.06; including, without limitation, certain
wetlands designated in
314 CMR
4.06(2); certain other
waters designated in
314 CMR
4.06(5); and certain
qualified waters designated in
314 CMR
4.06(6)(b). These waters are
designated as a habitat for fish, other aquatic life, and wildlife, including
for their reproduction, migration, growth and other critical functions, and for
primary and secondary contact recreation. Where designated in
314 CMR
4.06(1)(d)6. and (6)(b) as a
"Treated Water Supply", they shall be suitable as a source of public water
supply with appropriate treatment. Class B waters shall be suitable for
irrigation and other agricultural uses and for compatible industrial cooling
and process uses. These waters shall have consistently good aesthetic value.
1.
Dissolved Oxygen.
Shall not be less than 6.0 mg/L in cold water fisheries and not less than 5.0
mg/L in warm water fisheries. Where natural background conditions are lower, DO
shall not be less than natural background conditions. Natural seasonal and
daily variations that are necessary to protect existing and designated uses
shall be maintained.
2.
Temperature.
a. Shall
not exceed 68°F (20°C) based on the mean of the daily maximum
temperature over a seven-day period in cold water fisheries, unless naturally
occurring. Where a reproducing cold water aquatic community exists at a
naturally occurring higher temperature, the temperature necessary to protect
the community shall not be exceeded and the natural daily and seasonal
temperature fluctuations necessary to protect the community shall be
maintained. Temperature shall not exceed 83°F (28.3°C) in warm water
fisheries. The rise in temperature due to a discharge shall not exceed 3°F
(1.7°C) in rivers and streams designated as cold water fisheries nor
5°F (2.8°C) in rivers and streams designated as warm water fisheries
(based on the minimum expected flow for the month); in lakes and ponds the rise
shall not exceed 3°F (1.7EC) in the epilimnion (based on the monthly
average of maximum daily temperature);
b. natural seasonal and daily variations that
are necessary to protect existing and designated uses shall be maintained.
There shall be no changes from natural background conditions that would impair
any use assigned to this Class, including those conditions necessary to protect
normal species diversity, successful migration, reproductive functions or
growth of aquatic organisms;
c.
alternative effluent limitations established in connection with a variance for
a thermal discharge issued under
33 U.S.C. §
1251 (FWPCA, § 316(a)) and
314 CMR 3.00:
Surface
Water Discharge Permit Program are in compliance with
314 CMR 4.00. As required by
33 U.S.C. §
1251 (FWPCA, § 316(a)) and
314 CMR 3.00, for permit and
variance renewal, the applicant must demonstrate that alternative effluent
limitations continue to comply with the variance standard for thermal
discharges; and
d. in the case of a
cooling water intake structure regulated by EPA under
33 U.S.C. §
1251 (FWPCA § 316(b)), the Department
has the authority under
33 U.S.C. §
1251 (FWPCA § 401), M.G.L. c. 21,
§§ 26 through 53 and
314 CMR 3.00:
Surface
Water Discharge Permit Program to condition the cooling water intake
structure to assure compliance of the withdrawal activity with
314 CMR 4.00 including, but
not limited to, compliance with narrative and numerical criteria and protection
of existing and designated uses.
3.
pH. Shall be in
the range of 6.5 through 8.3 standard units and not more than 0.5 units outside
of the natural background range. There shall be no change from natural
background conditions that would impair any use assigned to this
Class.
4.
Bacteria. For protection of primary contact
recreation, surface waters shall meet the minimum criteria for bacteria set
forth in 314 CMR
4.05(5)(f)1. and 3.
5.
Solids. These
waters shall be free from floating, suspended and settleable solids in
concentrations and combinations that would impair any use assigned to this
Class, that would cause aesthetically objectionable conditions, or that would
impair the benthic biota or degrade the chemical composition of the
bottom.
6.
Color and
Turbidity. These waters shall be free from color and turbidity in
concentrations or combinations that are aesthetically objectionable or would
impair any use assigned to this Class.
7.
Oil and Grease.
These waters shall be free from oil, grease and petrochemicals that produce a
visible film on the surface of the water, impart an oily taste to the water or
an oily or other undesirable taste to the edible portions of aquatic life, coat
the banks or bottom of the water course, or are deleterious or become toxic to
aquatic life.
8.
Taste
and Odor. None in such concentrations or combinations that are
aesthetically objectionable, that would impair any use assigned to this Class,
or that would cause tainting or undesirable flavors in the edible portions of
aquatic life.
(c)
Class SC. These Coastal and Marine Waters are
designated as a habitat for fish, other aquatic life and wildlife including,
for their reproduction, migration, growth and other critical functions, and for
secondary contact recreation. They shall also be suitable for certain
industrial cooling and process uses. These waters shall have good aesthetic
value.
1.
Dissolved
Oxygen. Shall not be less than 5.0 mg/L at least 16 hours of any
24-hour period and not less than 4.0 mg/L at any time. Where natural background
conditions are lower, DO shall not be less than natural background. Natural
seasonal and daily variations that are necessary to protect existing and
designated uses shall be maintained.
2.
Temperature.
a. Shall not exceed 85°F (29.4°C) nor
shall the rise due to a discharge exceed 5°F (2.8°C);
b. there shall be no change from natural
background conditions that would impair any use assigned to this class,
including those conditions necessary to protect normal species diversity,
successful migration, reproductive functions or growth of aquatic
organisms;
c. alternative effluent
limitations established in connection with a variance for a thermal discharge
issued under
33 U.S.C. §
1251 (FWPCA, § 316(a)) and
314 CMR
3.00 are in compliance with
314 CMR
4.00. As required by
33 U.S.C. §
1251 (FWPCA, § 316(a)) and
314 CMR
3.00:
Surface Water Discharge Permit
Program, for permit and variance renewal, the applicant must
demonstrate that alternative effluent limitations continue to comply with the
variance standard for thermal discharges; and
d. in the case of a cooling water intake
structure regulated by EPA under 33 U.S.C. §
1251 (FWPCA § 316(b)),
the Department has the authority under
33 U.S.C. §
1251 (FWPCA § 401), M.G.L. c. 21,
§§ 26 through 53 and
314 CMR
3.00:
Surface Water Discharge Permit
Program to condition the cooling water intake structure to assure
compliance of the withdrawal activity with
314 CMR
4.00 including, but not limited to, compliance with
narrative and numerical criteria and protection of existing and designated
uses.
3.
pH. Shall be in the range of 6.5 through 9.0 standard
units and not more than 0.5 standard units outside of the natural background
range. There shall be no change from natural background conditions that would
impair any use assigned to this Class.
4.
Bacteria. In
lieu of meeting the minimum criteria for bacteria set forth in
314 CMR
4.05(5)(f)2. and 3., concentrations of enterococci bacteria in Class SC
Surface Waters shall satisfy 314 CMR
4.05(4)(c)4.a. and b., whenever necessary
for the protection of secondary contact recreation. It shall hereby be presumed
that such protection is necessary year-round, provided, however, in the context
of the issuance of a particular permit or approval by the Department, this
presumption may be rebutted for a particular surface water or segment during
periods of reduced frequency of use due to cold weather or otherwise
(
e.g., during the winter months, generally November through
March). All such permits or approvals will be publicly available for review in
accordance with the applicable regulations for that permit or approval.
a. Concentrations shall not exceed 175 colony
forming units (cfu) per 100 mL, calculated as a geometric mean of all samples
collected within any 90-day or smaller interval.
b. No more than 10% of all such samples
described in 314 CMR
4.05(4)(c)4.a. shall exceed 350 cfu per 100 mL.
5.
Solids. These waters shall be free from floating,
suspended and settleable solids in concentrations and combinations that would
impair any use assigned to this class, that would cause aesthetically
objectionable conditions, or that would impair the benthic biota or degrade the
chemical composition of the bottom.
6.
Color and
Turbidity. These waters shall be free from color and turbidity in
concentrations or combinations that are aesthetically objectionable or would
impair any use assigned to this class.
7.
Oil and Grease.
These waters shall be free from oil, grease and petrochemicals that produce a
visible film on the surface of the water, impart an oily taste to the edible
portions of aquatic life, coat the banks or bottom of the water course, or are
deleterious or become toxic to aquatic life.
8.
Taste and Odor.
None in such concentrations or combinations that are aesthetically
objectionable, that would impair any use assigned to this Class, or that would
cause tainting or undesirable flavors in the edible portions of aquatic life.
(4)
Coastal and Marine Classes.
(a)
Class SA. Those
Coastal and Marine Waters so designated pursuant to
314 CMR
4.06; including, without limitation,
314 CMR
4.06(2)
and (5), and certain qualified waters
designated in
314 CMR
4.06(6)(b). These waters are
designated as an excellent habitat for fish, other aquatic life and wildlife,
including for their reproduction, migration, growth and other critical
functions, and for primary and secondary contact recreation. In certain waters,
excellent habitat for fish, other aquatic life and wildlife may include, but is
not limited to, seagrass. Where designated for shell fishing in
314 CMR
4.06(6)(b), these waters
shall be suitable for shellfish harvesting without depuration (Approved and
Conditionally Approved Shellfish Areas). These waters shall have excellent
aesthetic value. In the case of a water intake structure at a desalination
facility, the Department has the authority under
33 U.S.C. §
1251 (FWPCA § 401), M.G.L. c. 21,
§§ 26 through 53 and
314 CMR 3.00:
Surface
Water Discharge Permit Program to condition the water intake structure
to assure compliance of the withdrawal activity with
314 CMR 4.00 including, but
not limited to, compliance with the narrative and numerical criteria and
protection of existing and designated uses.
1.
Dissolved Oxygen. Shall not be less than 6.0 mg/L.
Where natural background conditions are lower, DO shall not be less than
natural background. Natural seasonal and daily variations that are necessary to
protect existing and designated uses shall be maintained.
2.
Temperature.
a. Shall not exceed 85°F (29.4°C) nor
a maximum daily mean of 80°F (26.7°C), and the rise in temperature due
to a discharge shall not exceed 1.5°F (0.8°C);
b. there shall be no change from natural
background that would impair any uses assigned to this class, including those
conditions necessary to protect normal species diversity, successful migration,
reproductive functions or growth of aquatic organisms;
c. alternative effluent limitations
established in connection with a variance for a thermal discharge issued under
33 U.S.C. §
1251 (FWPCA, § 316(a)) and
314 CMR 3.00:
Surface
Water Discharge Permit Program are in compliance with
314 CMR 4.00. As required by
33 U.S.C. §
1251 (FWPCA, § 316(a)) and
314 CMR 3.00, for permit and
variance renewal, the applicant must demonstrate that alternative effluent
limitations continue to comply with the variance standard for thermal
discharges; and d. in the case of a cooling water intake structure regulated by
EPA under
33 U.S.C. §
1251 (FWPCA § 316(b)), the Department
has the authority under
33 U.S.C. §
1251 (FWPCA § 401), M.G.L. c. 21,
§§ 26 through 53 and
314 CMR 3.00:
Surface
Water Discharge Permit Program to condition the cooling water intake
structure to assure compliance of the withdrawal activity with
314 CMR 4.00 including, but
not limited to, compliance with narrative and numerical criteria and protection
of existing and designated uses.
3.
pH. Shall be in
the range of 6.5 through 8.5 standard units and not more than 0.2 standard
units outside of the natural background range. There shall be no change from
natural background conditions that would impair any use assigned to this
Class.
4.
Bacteria.
a. Waters
designated for shell fishing: fecal coliform shall not exceed a geometric mean
Most Probable Number (MPN) of 14 organisms per 100 mL, nor shall more than 10%
of the samples exceed an MPN of 28 per 100 mL, or other values of equivalent
protection based on sampling and analytical methods used by the Massachusetts
Division of Marine Fisheries and approved by the National Shellfish Sanitation
Program in the latest revision of the Guide for the Control of Molluscan
Shellfish (more stringent regulations may apply,
see
314 CMR
4.06(1)(d)5.); and
b. For protection of primary
contact recreation, surface waters shall meet the minimum criteria for bacteria
set forth in 314 CMR
4.05(5)(f)2. and 3.
5.
Solids. These
waters shall be free from floating, suspended and settleable solids in
concentrations or combinations that would impair any use assigned to this
class, that would cause aesthetically objectionable conditions, or that would
impair the benthic biota or degrade the chemical composition of the
bottom.
6.
Color and
Turbidity. These waters shall be free from color and turbidity in
concentrations or combinations that are aesthetically objectionable or would
impair any use assigned to this class.
7.
Oil and Grease.
These waters shall be free from oil and grease and petrochemicals.
8.
Taste and Odor.
None other than of natural origin.
(b)
Class SB. Those
Coastal and Marine Waters so designated pursuant to
314 CMR
4.06; including, without limitation,
314 CMR
4.06(2)
and certain surface waters designated in
314 CMR
4.06(6)(b). These waters are
designated as a habitat for fish, other aquatic life and wildlife, including
for their reproduction, migration, growth and other critical functions, and for
primary and secondary contact recreation. In certain waters, habitat for fish,
other aquatic life and wildlife may include, but is not limited to, seagrass.
Where designated for shell fishing in
314 CMR
4.06(6)(b), these waters
shall be suitable for shellfish harvesting with depuration (Restricted and
Conditionally Restricted Shellfish Areas). These waters shall have consistently
good aesthetic value. In the case of a water intake structure at a desalination
facility, the Department has the authority under
33 U.S.C. §
1251 (FWPCA § 401), M.G.L. c. 21,
§§ 26 through 53 and
314 CMR 3.00:
Surface
Water Discharge Permit Program to condition the water intake structure
to assure compliance of the withdrawal activity with
314 CMR 4.00 including, but
not limited to, compliance with the narrative and numerical criteria and
protection of existing and designated uses.
1.
Dissolved Oxygen. Shall not be less than 5.0 mg/L.
Where natural background conditions are lower, DO shall not be less than
natural background. Natural seasonal and daily variations that are necessary to
protect existing and designated uses shall be maintained.
2.
Temperature.
a. Shall not exceed 85°F (29.4°C) nor
a maximum daily mean of 80°F (26.7°C), and the rise in temperature due
to a discharge shall not exceed 1.5°F (0.8°C) during the summer months
(July through September) nor 4°F (2.2°C) during the winter months
(October through June);
b. there
shall be no changes from natural background that would impair any uses assigned
to this class, including those conditions necessary to protect normal species
diversity, successful migration, reproductive functions or growth of aquatic
organisms;
c. alternative effluent
limitations established in connection with a variance for a thermal discharge
issued under
33 U.S.C. §
1251 (FWPCA, § 316(a)) and
314 CMR 3.00:
Surface
Water Discharge Permit Program are in compliance with
314 CMR 4.00. As required by
33 U.S.C. §
1251 (FWPCA, § 316(a)) and
314 CMR 3.00, for permit and
variance renewal, the applicant must demonstrate that alternative effluent
limitations continue to comply with the variance standard for thermal
discharges; and
d. in the case of a
cooling water intake structure regulated by EPA under
33 U.S.C. §
1251 (FWPCA § 316(b)), the Department
has the authority under
33 U.S.C. §
1251 (FWPCA § 401), M.G.L. c. 21,
§§ 26 through 53 and
314 CMR 3.00:
Surface
Water Discharge Permit Program to condition the cooling water intake
structure to assure compliance of the withdrawal activity with
314 CMR 4.00 including, but
not limited to, compliance with narrative and numerical criteria and protection
of existing and designated uses.
3.
pH. Shall be in
the range of 6.5 through 8.5 standard units and not more than 0.2 units outside
of the natural background range. There shall be no change from natural
background conditions that would impair any use assigned to this
Class.
4.
Bacteria.
a. Waters
designated for shell fishing shall not exceed a fecal coliform median or
geometric mean MPN of 88 organisms per 100 mL, nor shall more than 10% of the
samples exceed an MPN of 260 per 100 mL or other values of equivalent
protection based on sampling and analytical methods used by the Massachusetts
Division of Marine Fisheries and approved by the National Shellfish Sanitation
Program in the latest revision of the Guide For The Control of Molluscan
Shellfish (more stringent regulations may apply,
see
314 CMR
4.06(1)(d)5.); and
b. For protection of primary contact
recreation, surface waters shall meet the minimum criteria for bacteria set
forth in 314 CMR
4.05(5)(f)2. and 3.
5.
Solids. These
waters shall be free from floating, suspended and settleable solids in
concentrations or combinations that would impair any use assigned to this
class, that would cause aesthetically objectionable conditions, or that would
impair the benthic biota or degrade the chemical composition of the
bottom.
6.
Color and
Turbidity. These waters shall be free from color and turbidity in
concentrations or combinations that are aesthetically objectionable or would
impair any use assigned to this class.
7.
Oil and Grease.
These waters shall be free from oil, grease and petrochemicals that produce a
visible film on the surface of the water, impart an oily taste to the water or
an oily or other undesirable taste to the edible portions of aquatic life, coat
the banks or bottom of the water course, or are deleterious or become toxic to
aquatic life.
8.
Taste
and Odor. None in such concentrations or combinations that are
aesthetically objectionable, that would impair any use assigned to this class,
or that would cause tainting or undesirable flavors in the edible portions of
aquatic life.
(c)
Class SC. These Coastal and Marine Waters are
designated as a habitat for fish, other aquatic life and wildlife including,
for their reproduction, migration, growth and other critical functions, and for
secondary contact recreation. They shall also be suitable for certain
industrial cooling and process uses. These waters shall have good aesthetic
value.
1.
Dissolved
Oxygen. Shall not be less than 5.0 mg/L at least 16 hours of any
24-hour period and not less than 4.0 mg/L at any time. Where natural background
conditions are lower, DO shall not be less than natural background. Natural
seasonal and daily variations that are necessary to protect existing and
designated uses shall be maintained.
2.
Temperature.
a. Shall not exceed 85°F (29.4°C) nor
shall the rise due to a discharge exceed 5°F (2.8°C);
b. there shall be no change from natural
background conditions that would impair any use assigned to this class,
including those conditions necessary to protect normal species diversity,
successful migration, reproductive functions or growth of aquatic
organisms;
c. alternative effluent
limitations established in connection with a variance for a thermal discharge
issued under
33 U.S.C. §
1251 (FWPCA, § 316(a)) and
314 CMR 3.00 are in compliance
with
314 CMR 4.00. As required by
33 U.S.C. §
1251 (FWPCA, § 316(a)) and
314 CMR 3.00:
Surface
Water Discharge Permit Program, for permit and variance renewal, the
applicant must demonstrate that alternative effluent limitations continue to
comply with the variance standard for thermal discharges; and
d. in the case of a cooling water intake
structure regulated by EPA under
33 U.S.C. §
1251 (FWPCA § 316(b)), the Department
has the authority under
33 U.S.C. §
1251 (FWPCA § 401), M.G.L. c. 21,
§§ 26 through 53 and
314 CMR 3.00:
Surface
Water Discharge Permit Program to condition the cooling water intake
structure to assure compliance of the withdrawal activity with
314 CMR 4.00 including, but
not limited to, compliance with narrative and numerical criteria and protection
of existing and designated uses.
3.
pH. Shall be in
the range of 6.5 through 9.0 standard units and not more than 0.5 standard
units outside of the natural background range. There shall be no change from
natural background conditions that would impair any use assigned to this
Class.
4.
Bacteria. In
lieu of meeting the
minimum criteria for bacteria set forth in 314 CMR
4.05(5)(f)2. and 3.,
concentrations of enterococci bacteria in Class SC Surface Waters shall satisfy
314 CMR
4.05(4)(c)4.a. and b., whenever necessary for the protection of
secondary contact recreation. It shall hereby be presumed that such protection
is necessary year-round, provided, however, in the context of the issuance of a
particular permit or approval by the Department, this presumption may be
rebutted for a particular surface water or segment during periods of reduced
frequency of use due to cold weather or otherwise (
e.g.,
during the winter months, generally November through March). All such permits
or approvals will be publicly available for review in accordance with the
applicable regulations for that permit or approval.
a. Concentrations shall not exceed 175 colony
forming units (cfu) per 100 mL, calculated as a geometric mean of all samples
collected within any 90-day or smaller interval.
b. No more than 10% of all such samples
described in 314 CMR
4.05(4)(c)4.a. shall exceed 350 cfu per 100
mL.
5.
Solids. These waters shall be free from floating,
suspended and settleable solids in concentrations and combinations that would
impair any use assigned to this class, that would cause aesthetically
objectionable conditions, or that would impair the benthic biota or degrade the
chemical composition of the bottom.
6.
Color and
Turbidity. These waters shall be free from color and turbidity in
concentrations or combinations that are aesthetically objectionable or would
impair any use assigned to this class.
7.
Oil and Grease.
These waters shall be free from oil, grease and petrochemicals that produce a
visible film on the surface of the water, impart an oily taste to the edible
portions of aquatic life, coat the banks or bottom of the water course, or are
deleterious or become toxic to aquatic life.
8.
Taste and Odor.
None in such concentrations or combinations that are aesthetically
objectionable, that would impair any use assigned to this Class, or that would
cause tainting or undesirable flavors in the edible portions of aquatic
life.
(5)
Additional Minimum Criteria Applicable to All Surface
Waters.
(a)
Aesthetics. All surface waters shall be free from
pollutants in concentrations or combinations that settle to form objectionable
deposits; float as debris, scum or other matter to form nuisances; produce
objectionable odor, color, taste or turbidity; or produce undesirable or
nuisance species of aquatic life.
(b)
Bottom Pollutants or
Alterations. All surface waters shall be free from pollutants in
concentrations or combinations or from alterations that adversely affect the
physical or chemical nature of the bottom, interfere with the propagation of
fish or shellfish, or adversely affect populations of non-mobile or sessile
benthic organisms.
(c)
Nutrients. Unless naturally occurring, all surface
waters shall be free from nutrients in concentrations that would cause or
contribute to impairment of existing or designated uses and shall not exceed
the site-specific criteria developed in a TMDL or as otherwise established by
the Department pursuant to
314 CMR
4.00 including, but not limited to, those established
in 314 CMR
4.06(6)(c):
Table
28: Site-specific Criteria. Any existing point source discharge
containing nutrients in concentrations that would cause or contribute to
cultural eutrophication, including the excessive growth of aquatic plants or
algae, in any surface water shall be provided with the most appropriate
treatment as determined by the Department, including, where necessary, highest
and best practical treatment (HBPT) for POTWs and BAT for non-POTWs, to remove
such nutrients to ensure protection of existing and designated uses. Human
activities that result in the nonpoint source discharge of nutrients to any
surface water may be required to be provided with cost effective and reasonable
best management practices for nonpoint source control.
(d)
Radioactivity.
All surface waters shall be free from radioactive substances in concentrations
or combinations that would be harmful to human, animal or aquatic life or the
most sensitive designated use; result in radionuclides in aquatic life
exceeding the recommended limits for consumption by humans; or exceed
Massachusetts Drinking Water Regulations as set forth in
310
CMR
22.09A:
Maximum Radionuclide
Contaminant Levels, Monitoring Requirements and Analytical Methods Effective as
of December 8, 2003.
(e)
Toxic Pollutants. All surface waters shall be free
from pollutants in concentrations or combinations that are toxic to humans,
aquatic life or wildlife.
1.
Generally Applicable Criteria. For each pollutant
identified in
314 CMR
4.06(6)(d):
Table
29:
Generally Applicable Criteria, the concentrations
identified or calculated for that pollutant in or pursuant to Table 29 shall be
generally applicable criteria for all categories of surface waters, as
specified therein; unless the Department determines that naturally occurring
background concentrations are higher. Where the Department determines that
naturally occurring background concentrations are higher, those concentrations
shall be the allowable receiving water concentrations. (For purposes of
convenience, Table 29 also references certain pollutants for which 314 CMR
4.05(3), (4) or (5)(a), (5)(b), (5)(c), (5)(d) or (5)(f) establish
criteria.)
2.
Use of
Toxic Pollutant Criteria. For any discharge of a pollutant
described in 314 CMR
4.05(5)(e) requiring a permit or approval:
a.
Accumulation of
Pollutants. Where appropriate, the Department shall use an
additional margin of safety when establishing water quality based effluent
limits to assure that pollutants do not persist in the environment or
accumulate in organisms to levels that:
i.
are toxic to humans, wildlife or aquatic life; or
ii. result in unacceptable concentrations in
edible portions of marketable fish or shellfish or for the recreational use of
fish, shellfish, other aquatic life or wildlife for human
consumption.
b.
Public Notice. Where toxic pollutant criteria as
established under
314 CMR 4.00 are used to
determine water quality based effluent limitations in a permit or approval,
these effluent limitations and the criteria used shall be documented and
subject to all applicable public notice requirements for the permit or
approval.
c.
Expression
of Metal Concentrations. Metal concentrations in effluent
limitations shall be expressed as total recoverable metals. Translation from
dissolved metals criteria to total recoverable metals concentrations shall be
based on the conversion factors set forth in Appendix F of Table 29a at
314 CMR
4.06(6)(d):
Table
29:
Generally Applicable Criteria.
d.
Methods for Data Collection
and Calculation of Instantaneous and Final Equation- and Model-based Criteria
Values. Use of pollutant criteria established in 314 CMR
4.05(5)(e)1. which are equation- or model-based to develop water quality based
effluent limits shall be subject to the following:
i. where ambient water quality data are
required as inputs to equation- or modelbased criteria to calculate
instantaneous criteria values, sampling and analysis shall be conducted in
compliance with a quality assurance project plan (QAPP) approved by MassDEP
which shall include collection of sufficient and representative data to reflect
the impact of spatial, temporal, and hydrological variability on water
chemistry in the receiving water at locations outside the influence of effluent
discharge including, but not limited to, upstream samples or measurements,
which shall be developed using applicable approved procedures as set forth in
314 CMR
4.03(6); and
ii. all final criteria values shall be
calculated by MassDEP from multiple instantaneous criteria values using
procedures that MassDEP has determined provide protection over the full range
of seasonal and flow conditions throughout the year, including when the
pollutant is most bioavailable and therefore is likely to have increased toxic
effect.
e.
Unlisted Pollutants; Combinations of Pollutants. Any
pollutant or combination of pollutants within the meaning of 314 CMR
4.05(5)(e)
for which 314 CMR
4.05(5)(e)1. does not establish a generally applicable
criterion shall not be discharged to surface waters in a quantity or manner
that would:
i. exceed safe exposure levels for
aquatic life as determined by toxicity testing using methods approved by
MassDEP pursuant to
314 CMR
4.03(6); or
ii. cause adverse human health effects due to
the ingestion, inhalation or dermal absorption of such toxins attributable to
such waters during their reasonable use as designated in
314 CMR 4.00; or
iii. result in a human health excess lifetime
cancer risk level greater than 10-6 for individual
carcinogens.
(f)
Bacteria.
1.
Inland Waters.
Concentrations of bacteria in Inland Waters, subject to the reduced interval
requirements set forth in 314 CMR
4.05(5)(f)3. as applicable, and except as
otherwise provided in the seasonal exception set forth in 314 CMR
4.05(5)(f)4.
as applicable, shall, on a year-round basis, satisfy either 314 CMR
4.05(5)(f)1.a. or b:
a. for
E.
coli:
i. concentrations shall not
exceed 126 colony-forming units (cfu) per 100 mL, calculated as the geometric
mean of all samples collected within any 90-day or smaller interval;
and
ii. no more than 10% of all
such samples shall exceed 410 cfu per 100 mL (a statistical threshold value);
or
b. for enterococci:
i. concentrations shall not exceed 35 cfu per
100 mL, calculated as the geometric mean of all samples collected within any
90-day or smaller interval; and
ii.
no more than 10% of all such samples shall exceed 130 cfu per 100 mL (the
statistical threshold value).
c. The preceding requirements are summarized
in the following table:
Bacterial Indicator
|
Bacterial Criteria for Inland Waters
(cfu/100mL)*
|
Geometric Mean*
|
Statistical Threshold Value*
|
E. coli
|
<=126
|
<=410
|
enterococci
|
<=35
|
<=130
|
*The geometric mean for at least one indicator shall
not be exceeded in any 90-day or smaller interval. No more than 10% of all
samples collected within that interval shall exceed the statistical threshold
value for that indicator.
|
2.
Coastal and Marine
Waters. Concentrations of bacteria in Coastal and Marine Waters,
subject to the reduced interval requirements set forth in 314 CMR
4.05(5)(f)3.
as applicable, and except as otherwise provided in the seasonal exception set
forth in 314 CMR
4.05(5)(f)4. as applicable, shall, on a year-round basis,
satisfy 314 CMR
4.05(5)(f)2.a.:
a. for
enterococci:
i. concentrations shall not
exceed 35 cfu per 100 mL, calculated as the geometric mean of all samples
collected within any 90-day or smaller interval; and
ii. no more than 10% of all such samples
shall exceed 130 cfu per 100 mL (the statistical threshold
value).
b. The preceding
requirements are summarized in the following table:
Bacterial Indicator
|
Bacterial Criteria for Coastal and Marine Waters
(cfu/100mL)*
|
Geometric Mean*
|
Statistical Threshold Value*
|
enterococci
|
<=35
|
<=130
|
*The geometric mean for this indicator shall not be
exceeded in any 90-day or smaller interval. No more than 10% of all samples
collected within that interval shall exceed the statistical threshold value for
this indicator.
|
3.
Reduced Interval
Requirements. The geometric mean and statistical threshold value
used for calculating the minimum criteria for bacteria set forth in 314 CMR
4.05(5)(f)1. and 2., shall be calculated and assessed, respectively, over a
30-day or smaller interval in
lieu of any otherwise applicable
longer interval, if either of the conditions set forth in 314 CMR
4.05(5)(f)3.a.i. or ii. is met.
a. Conditions
which require a reduced interval:
i. criteria
are being applied to waters adjacent to any public or semi-public beach, at a
location used for bathing and swimming purposes, and for the dates of operation
of any such beach as posted or as otherwise established by the operator
pursuant to
105 CMR
445.020:
Operation; or
ii.
criteria are being applied to segments impacted by CSO-, B(CSO)-, SB(CSO)-, or
POTW-discharges.
b.
Massachusetts Department of Public Health definitions: the terms "public
bathing beach", "semi-public bathing beach" and "operator" as used in paragraph
314 CMR
4.05(5)(f)3.a.i. shall have the meanings as defined in
105 CMR
445.010:
Public Bathing Beach; Semi-Public Bathing Beach; and Operator.
(Standards and procedures for bathing water closures have been established by
the Massachusetts Department of Public Health, at
105 CMR 445.000:
Minimum Standards for Bathing Beaches (State Sanitary Code, Chapter
VII).)
4.
Seasonal Exception. The year-round minimum criteria
for bacteria set forth in 314 CMR
4.05(5)(f)1. and 2., as subject to the
reduced interval requirements set forth in 314 CMR
4.05(5)(f)3., as applicable,
may be applied on a seasonal basis in
lieu of a year-round
basis upon MassDEP's determination that, because of a reduction in primary
contact recreation during a specified period of time, such criteria are not
needed to be protective. Bases for such determinations may include
identification of periods when frequency of use is reduced due to cold weather
(typically, from November through March); and/or consideration of other
relevant and appropriate factors. Any such determinations shall be documented
in writing (
e.g., by the relevant provisions of surface water
discharge permits issued pursuant to
314 CMR 3.00:
Surface
Water Discharge Permit Program) and made publicly available for review
(
e.g., through MassDEP's Surface Water Discharge Permit
webpage).
5.
Additional
Bacteria Requirements. For additional bacteria requirements other
than for primary contact recreation, see 314 CMR
4.05(3) and
(4).
(g)
Organoleptic Effect Pollutant Criteria. All surface
waters shall be free from pollutants in concentrations that would exceed the
organoleptic effect (
e.g., taste and odor) criteria
established in
314 CMR
4.06(6)(e):
Table
30:
Organoleptic Effect Criteria. Provided, however,
that the more stringent of the following organoleptic effect criteria, as
applicable, shall control:
1. the numeric
criteria set forth in said Table 30; and
2. the following narrative criteria:
a. the taste and odor criteria set forth in
314 CMR
4.05(3) and (4); and
b. the
aesthetic criteria set forth in 314 CMR
4.05(5)(a).
(6)
Determining Aquatic Life Criteria Applicability Where Fresh Water
and Coastal and Marine Waters Mix. 314 CMR
4.05(6) establishes
whether fresh water or coastal and marine water aquatic life criteria, which
are set forth in 314 CMR
4.05(3), (4) and (5), and in Table 29a at
314 CMR
4.06(6)(d):
Table
29:
Generally Applicable Criteria, shall apply. 314
CMR
4.05(6) shall apply, regardless of the designated class of water pursuant
to
314 CMR
4.06.
(a)
For surface waters and segments in which the salinity is equal to or less than
1 part per thousand (ppt) 95% or more of the time, fresh water criteria shall
apply.
(b) For surface waters and
segments in which the salinity is equal to or greater than 10 ppt 95% or more
of the time, coastal and marine criteria shall apply.
(c) For surface waters and segments in which
the salinity is between 1 and 10 ppt 95% or more of the time, the more
stringent of the fresh water or the coastal and marine criteria shall apply,
except as provided in 314 CMR
4.05(6)(d).
(d) For surface waters and segments in which
the salinity is between 1 and 10 ppt 95% or more of the time, as an alternative
to 314 CMR
4.05(6)(c), either the fresh water or the coastal and marine
criteria may be applied, respectively, where a scientific analysis demonstrates
that the biology of the surface water is dominated either by fresh water
aquatic life or by coastal and marine aquatic life.
(7)
Site-specific
Criteria. Where the Department has established site-specific
numerical minimum criteria for a pollutant, as described in 314 CMR
4.05(2),
such criteria shall supersede any otherwise applicable minimum numerical
criteria established in
314 CMR 4.00. For each
pollutant identified in
314 CMR
4.06(6)(c):
Table
28:
Site-specific Criteria, the concentrations listed
for that pollutant for each specified surface water or segment shall constitute
site-specific criteria. Such site-specific criteria shall control over the
generally applicable criteria listed in
314 CMR
4.06(6)(d). If, however, the
Department determines that a more stringent requirement for a particular
pollutant is necessary for the same surface water or segment pursuant to the
narrative criteria set forth in 314 CMR
4.05(3), (4) or (5), the more stringent
requirement shall be the criteria for that surface water or
segment.