105 CMR 445.030
Bathing Water Quality
Bathing or swimming shall not be permitted in any bathing water where the quality of the
water does not meet the standards established in 105 CMR 445.030(A), 445.030(B), or
445.030(C), and no bathing or swimming shall be allowed when the bathing water is determined
by the Board of Health or the Department to be unfit or so subject to contamination as to
constitute a menace to health. Bathing or swimming shall not be permitted in bathing waters
when:
445.030: continued
(A) Physical Quality.
(1) Sludge deposits, solid refuse, floating waste solids, oils, grease or scum are present; or
(2) There are safety hazards including, but not limited to, fast currents, sharp drop-offs or
an unstable bottom in the wading area(s), or lack of water clarity.
(B) Bacteriological Quality.
(1) The results of a sanitary survey or other information indicates that sewage or other
hazardous substances may be discharged into the bathing water to a degree considered by the
Board of Health or the Department to be of public health significance; or
(2) Epidemiological evidence discloses the prevalence of an infectious disease or other
health condition which is considered to be related to the use of the bathing water and is
considered by the Board of Health or the Department to be of public health significance; or
(3) The bacteriological quality of the bathing water is unacceptable based on the standards
specified in 105 CMR 445.031 and the following criteria:
(a) two samples of bathing water, collected on two consecutive days, that both exceed
the single sample water quality standard, or one sample of bathing water that exceeds the
single sample water quality standard when an additional sample is not collected on the
following day; or
(b) one sample of bathing water that exceeds the single sample standard at beaches
where, in two or more of the last four full beach seasons, samples collected on two
consecutive days both exceeded the single sample water quality standard; or
(c) any bathing water sample that exceeds the geomean water quality standard.
(C) Oil, Hazardous Materials, or Heavy Metals. Oil, hazardous materials, or heavy metals are
present in excess of surface water quality standards or guidelines established by the United States
Environmental Protection Agency or the Massachusetts Department of Environmental
Protection.