Code of Massachusetts Regulations 313 CMR - DIVISION OF WATER SUPPLY PROTECTION
Code of Massachusetts Regulations 313 CMR — Division of Water Supply Protection (DWSP)
Overview
The 313 CMR governs the Massachusetts Division of Water Supply Protection (DWSP) within the Department of Environmental Protection (MassDEP). It provides regulations for public water supply protection, drinking water quality, and watershed management in Massachusetts. The primary objective is to protect public health and ensure safe, reliable drinking water.
1. Key Areas Covered Under 313 CMR
a. Water Supply Protection
Establishes wellhead protection areas (WHPAs) for public water supply wells.
Defines surface water supply protection zones.
Mandates measures to prevent contamination from industrial, agricultural, or residential sources.
b. Source Water Assessments
Public water suppliers must assess potential sources of contamination.
Suppliers must implement protection and monitoring programs.
c. Drinking Water Quality Standards
Implements and enforces Massachusetts drinking water standards, including maximum contaminant levels (MCLs).
Mandates routine sampling, monitoring, and reporting for public water systems.
d. Land Use Controls
Regulates activities within protection zones, including:
Hazardous materials storage
Septic systems
Industrial operations
Restricts high-risk activities to prevent contamination of public water sources.
e. Emergency Response
Requires contingency plans for contamination events.
Mandates immediate reporting of water quality violations or spills.
f. Permitting and Approval
Permits are required for certain activities that may impact public water supply.
Includes review of land development proposals and industrial projects near water sources.
2. Enforcement and Compliance
Inspections: DWSP may conduct inspections of water supply facilities and land use within protection zones.
Orders: The Division can issue cease-and-desist orders or require corrective action.
Penalties: Violations may result in fines or other administrative enforcement measures.
Appeals: Regulated parties can appeal enforcement actions under Massachusetts administrative law procedures.
3. Regulatory Principles
Preventive Approach: Emphasis on preventing contamination rather than remediating after the fact.
Public Health Protection: All regulations aim to ensure safe, reliable drinking water.
Collaboration: Encourages coordination among municipalities, water suppliers, and developers.
Transparency: Water quality reports and protection measures are made publicly available.
4. Illustrative Case Examples
Case 1: Wellhead Protection Violation
Facts: A developer constructed a storage facility within a designated wellhead protection area without prior approval.
Action: DWSP issued a cease-and-desist order and required removal of hazardous materials.
Outcome: Facility complied; highlights strict enforcement of protection zone restrictions.
Case 2: Contamination Event Reporting
Facts: A public water supplier detected elevated nitrates in a well.
Action: Immediate reporting to DWSP and implementation of emergency treatment.
Outcome: Contamination controlled, and a long-term monitoring plan was mandated; demonstrates emergency response procedures.
Case 3: Industrial Permit Review
Facts: A manufacturing plant sought to expand operations near a surface water supply reservoir.
Action: DWSP reviewed potential impacts, required best management practices, and approved expansion with conditions.
Outcome: Expansion allowed, but strict land use controls enforced; illustrates permitting authority.
Case 4: Illegal Septic System Installation
Facts: A private septic system was installed in a Zone II area without DWSP approval.
Action: Enforcement order issued; system had to be removed and replaced according to regulatory standards.
Outcome: Compliance achieved; emphasizes protection of groundwater from contamination.
Case 5: Water Quality Standards Enforcement
Facts: Routine monitoring found coliform bacteria in a public water system.
Action: Supplier required to notify the public, implement disinfection, and repeat sampling.
Outcome: Problem resolved; shows application of drinking water quality rules.
Case 6: Land Use and Development Conflict
Facts: A municipal planning board approved a housing development in a surface water supply watershed.
Action: DWSP intervened, requiring modifications to stormwater management, fertilizer use, and hazardous material storage.
Outcome: Development proceeded with protective measures; illustrates coordination between DWSP and municipalities.
5. Key Takeaways
313 CMR focuses on preventive protection of drinking water sources.
Land use and development are tightly regulated near public water supplies.
Water suppliers are obligated to monitor, report, and respond to contamination events.
DWSP has enforcement powers, including orders, fines, and permit conditions.
Collaboration with municipalities and developers is essential to maintain safe water supplies.
Case examples show practical applications of CMR rules in protecting public health, enforcing compliance, and managing emergency situations.
This summary provides a complete self-contained overview of 313 CMR, including enforcement, regulatory principles, and six illustrative cases showing the DWSP in action.
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