Collection of Bathing Water Samples

(A) Location. (1) The Board of Health, for public and semi-public bathing beaches that are not operated by the Commonwealth, shall approve sampling locations at each bathing beach in its jurisdiction. (2) The Department, for bathing beaches that are operated by the Commonwealth, shall approve sampling locations at each bathing beach in its jurisdiction. (3) Samples of bathing water shall be taken at locations within areas of greatest bather load. (4) Additional samples shall also be obtained at any critical location subject to contamination from business developments, dwellings, streams, sewer outfall pipes or other sources. (5) At locations where there are multiple beach operators within 500 meters of shoreline, the beach operators may designate a single sampling location, known as a surrogate sampling point, which will provide sufficient protection to public health as approved by the local Board of Health. These locations must meet the following criteria: (a) Bathing beaches must not be physically separated from the surrogate sampling point by natural or man-made formations. These may include: 1. embayments or peninsulas; 445.032: continued 2. streams, rivers, or creeks; 3. jetties or other bounding structures; 4. stormwater or combined-sewer overflow outfalls. (b) At any time the results of a bacterial test exceed the levels in 105 CMR 445.030, all beach operators using a surrogate sampling point must comply with 445.040. (c) Each beach operator utilizing a surrogate sampling point will be equally responsible for the costs of testing, monitoring and analysis. (d) 30 days prior to the beginning of the beach season, the local Board of Health must notify the Department of the beach operators utilizing a surrogate sampling point, their location, and the location of the surrogate sampling point. (e) The local Board of Health or the Department may require any or all of the beach operators to discontinue the use of surrogate sampling points at any time the bathing waters are found to be unfit, subject to contamination as to constitute a menace to public health, or do not provide sufficient protection to protect public health. (B) Sample Collection. Samples shall be obtained in accordance with the procedures recommended by the most recent edition of the Standard Methods for the Examination of Water and Waste Water of the American Public Health Association or as approved by the United States Environmental Protection Agency. (C) Frequency. (1) The Board of Health, its agent, or any other authorized person shall collect the bacteriologic samples: (a) Within the five days immediately preceding the opening of the bathing season; and (b) At least weekly during the bathing season at a time and day approved by the Board of Health or the Department; and (c) Prior to reopening a beach after closure due to the presence or suspected presence of any of the conditions specified in 105 CMR 445.030(B) (2) Testing for oil, hazardous materials, or heavy metals shall only be required if the operator, the Board of Health, or the Department has information indicating possible contamination of the bathing beach or bathing waters from oil, hazardous materials or heavy metals. (D) Field Data. Physical conditions noted at the time of sampling shall be recorded on a form provided by the Department. (E) Personnel. Samples shall be taken by the Board of Health, the Department, their duly authorized representatives or other qualified persons as determined bythe Board of Health or the Department.