Public Health Warnings

(1) Boards of health or health departments in municipalities directly impacted by the discharge or overflow shall issue a public health warning to impacted residents of the municipality upon receipt of a public advisory notification if any of the following circumstances applies: (a) For CSO, partially treated, and blended wastewater discharges, if the discharge has a duration longer than two hours; (b) For CSO, partially treated, and blended wastewater discharges, if the board of health or health department determines that a public health warning is necessary to protect public health, regardless of the duration of the discharge; or (c) For any SSO that requires notification pursuant to 314 CMR 16.03(1)(c) through (e). (2) Boards of health and health departments shall issue the public health warning using existing emergency notification systems, including if available, a reverse 911 emergency call system. (3) When more than one discharge or overflow can occur on a waterbody, the boards of health or health departments shall determine whether the first public health warning is sufficient or whether additional public health warnings are required. (4) At a minimum, the public health warning shall identify receiving waters affected and shall include: (a) The location, date, and time of the discharge or overflow; (b) A recommendation that the public avoid contact with affected water bodies for at least 48 hours after a sewage discharge or overflow, and during rainstorms and for 48 hours after rainstorms end, due to increased health risks from bacteria or other pollutants associated with urban stormwater runoff and discharges of untreated or partially treated wastewater; (c) Information on where to find the closure or advisory status of shellfish growing areas, beaches, or other water resource areas potentially affected by the discharge or overflow; and (d) Access to translations of the warning, as appropriate for neighborhoods identified as environmental justice populations due to lacking English language proficiency, in the language(s) most appropriate for those neighborhoods. (5) When boards of health or health departments issue a public health warning, they shall also post or cause to be posted a temporary sign or use a permanent sign, at conspicuous locations affording public access to the waterbody, as identified by the board of health or health department, in municipalities directly impacted by the discharge or overflow. Temporary signage is not required at permitted bathing beaches or shellfish growing areas that are monitored and posted pursuant to Department of Public Health or Division of Marine Fisheries requirements. Permanent signs installed and maintained by permittees in accordance with 314 CMR 16.05(3) may be used for this purpose. (a) If a temporary sign is used, the sign shall read: “WARNING! AVOID CONTACT WITH WATER – MAY CAUSE ILLNESS" and display an infographic showing no fishing, boating, or swimming. In neighborhoods identified as environmental justice populations due to lacking English language proficiency, the sign shall include translation of the text above and provide access to translations of the following information in the language(s) most appropriate for those neighborhoods: text stating that the reason for the warning is inform people about the potential for sewage in surface waters; the requirements specified in 310 CMR 16.04(10)(b); information on where to determine the closure or advisory status of shellfish growing areas, beaches, or other water resource areas potentially affected by the discharge or overflow; and contact information for the board of health or health department. (b) The local board of health or health department, the permittee as specified in 314 CMR 16.05(3), or any other person may install a permanent sign. If used, such a sign must convey the information required by 314 CMR 16.09(5)(a) and must be updated with such information in a timely manner.