Prohibited Activities

(1) No person shall inject fluids into or through any Class I, II, or III injection well and no person shall construct, install, operate or maintain any Class I, II, or III injection well. (2) No person shall construct, install, operate or maintain a Class IV well that is not part of a response action conducted or performed in compliance with M.G.L. c. 21E and 310 CMR 40.0000: Massachusetts Contingency Plan, or in use for the purpose of remediation at a release site pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), 42 U.S.C. §§ 9601 through 9675, or the requirements and provisions of the Resource Conservation and Recovery Act (RCRA), 42 U.S.C. §§ 6901 through 6992k. (3) No person shall inject or cause to be injected any fluid into or through a registered Class V well: (a) where that injection may cause or allow the movement of fluid containing any pollutant into underground sources of drinking water and the presence of that pollutant causes or is likely to cause a violation of 310 CMR 22.00: Drinking Water; (b) where that injection may impair the use of ground water as an actual or potential source of potable water; or (c) which in the opinion of the Department adversely affects or may adversely affect the health of persons. (4) No person shall construct or install a cesspool of any size. (5) An existing cesspool that has a design flow of 2,000 gallons per day (gpd) or greater is failing to protect public health and safety and the environment. Any owner of a cesspool with a design flow of 2,000 gpd or greater shall: (a) 30 days prior to upgrade of the cesspool notify the Department's Underground Injection Control program and the local approving authority on a UIC Class V Well Registration and Pre-closure Notification Form available from the Department of the owner's intent to upgrade the cesspool by April 5, 2005; and (b) by April 5, 2005, upgrade each cesspool, that has a design flow of 2,000 gallons per day or greater, in accordance with 310 CMR 15.404: Maximum Feasible Compliance ­ Approvals for Upgrades and 15.405: Contents of Local Upgrade Approval unless either: 1. an earlier date for an upgrade is required by the Department or the local approving authority pursuant to 310 CMR 15.303(2); or 2. an earlier date for an upgrade is required by 310 CMR 15.305: Deadlines for Completion of Upgrades. (6) No person shall construct, install, operate or maintain a motor vehicle waste disposal well in the Commonwealth. (7) The existence of any of the following wells is prohibited and the owner of such well shall properly close it in accordance with 310 CMR 27.10 and 27.12: (a) a Class V injection well that is either receiving an underground injection for which it is not registered, or which has the potential to receive such an injection because it is not properly secured and maintained; (b) an observation, monitoring, or production well that is either receiving an underground injection or has the potential to do so because it is not properly secured and maintained; and (c) a borehole that was not properly sealed after the soil collection activities were completed or after the termination of well installation activities prior to well completion. (8) No person shall inject fluids into or through any Class V injection well that is not maintained in accordance with 310 CMR 27.00 and registered in accordance with 310 CMR 27.08, unless the well is exempt from registration under 310 CMR 27.07(2).