310 CMR 43.21
Surface Water Drinking Supplies and Resource Protection
(1) Exclusion Criteria.
(a) Class A Water Supplies. Exclude any site where the probable waste management area would
be located withinthewatershed of a Class A public surface drinking water supply as defined in 314
CMR 4.05(3)(a).
(b) Class B Public Drinking Water Supplies. Exclude any site where the probable waste
management area will be located within any of the following area of a Class B public surface
drinking water supply as defined in 314 CMR4.05(3)(b):400 feet from the 100 year flood plain
elevation extending ½ mile upgradient from the supply intake and extending 200 feet downgradient
from the supply intake or to the physical spillway, whichever downgradient distance is less.
(c) Flood Plain, 100 year. Exclude any site in which the probable waste management area would
be within any 100 year flood plain.
(d) Wetlands. Exclude sites where the probable waste management area would be located within
100 feet of a resource area protected by the Wetlands Protection Act, M.G.L. c.131, § 40 and
310 CMR 10.00.
(e) Poor Draining Areas. Exclude from the site any land that does not drain well and is subject
to periodic flooding or frequent ponding.
(f) Runoff Retention. Exclude from the site upland drainage areas which, due to their size,
geometry, and surface characteristics, are unable by natural drainage patterns and normal
engineeringdrainage controls to reliably channel the surface runoff expected from a statistical100
year precipitation event without significantly eroding or inundating the probable waste management
area.
(g) Coastal High Hazard Zones. Exclude sites in coastal high hazard zones.
(h) Dams. Exclude sites in areas subject to inundation by the failure of an existing dam.
(i) Surface Water Discharges. Exclude sites in which a hydrogeologic unit within the probable
waste management area discharges groundwater to the surface within the site.
(2) Conditional Consideration Criteria.
500 Year Floodplain. Consider sites in which the probable waste management area would be
located inside any 500 year flood plainoncompliance withthe provisions of 310 CMR 43.40(3).
(3) Preference Criteria.
(a) Minimizing Impact to Water Resources .
1. Prefer sites with a lower potential for radioactive substances to impact tributaries and
surface water bodies resulting in harm to human, animal or aquatic life or the most sensitive
designated use, over sites with a higher potential for such impact.
2. Prefer siteswitha lower potential for radioactive substances to impact tributaries or surface
water bodies resulting in radionuclides in aquatic life exceeding the recommended limits for
consumption by humans, over sites with a higher potential for such impact.
3. Prefer sites with a lower potential for radioactive substances to impact tributaries or surface
water bodies resulting in exceedingMassachusettsdrinkingwaterstandards, 310 CMR 22.09,
over sites with a higher potential for such an impact.
(b) Distance from Environmentally Sensitive Surface Waters. Prefer sites further away from
intakes and tributaries of free flowing surface water supplies, lakes, rivers not including intermittent
streams, outstandingresource waters and resource areas protected by the Wetlands ProtectionAct
(M.G.L. c. 131, § 40), over sites closer to such surface waters.