105 CMR, § 445.040

Current through Register 1538, January 3, 2025
Section 445.040 - Posting and Reopening Notifications
(A)Posting. Whenever the bathing water quality does not meet the requirements of 105 CMR 445.030, 105 CMR 445.032, or after any significant rainstorm at a bathing beach where there has been a history of violations of the water quality requirements contained in 105 CMR 445.030, the Board of Health, its agent, or any other authorized person shall immediately, and in no event later than 24 hours, notify the Department, and post or cause to be posted, a sign, or signs, at the entrance to each parking lot and each entrance to the beach stating:

WARNING! NO SWIMMING

SWIMMING MAY CAUSE ILLNESS

and a graphic depiction of a swimmer in a red circle with a diagonal hatch mark. The sign shall also contain the reason for the warning, the date of the posting and the name and telephone number of the Board of Health. For conditions solely related to physical hazards, the word "injury" may be substituted for "illness" in the required notification.

(B)Reopening. Prior to reopening bathing water posted due to a violation or an assumption of a violation of the standards established in 105 CMR 445.030(B), the Board of Health, its agent, or any other authorized person shall verify that the certified results of the laboratory analysis are less than the standard specified in 105 CMR 445.031. Prior to reopening bathing water posted due to a violation or an assumption of a violation of the standards established in 105 CMR 445.030(A) or 105 CMR 445.030(C), the Board of Health, its agent, or any other authorized person shall confirm by analytic testing or other verifiable means that conditions no longer constitute a threat to human health or safety. The operator of any state operated bathing beach shall notify the Department and the Board of Health within 24 hours, or the next business day, of the reopening of the bathing water.

105 CMR, § 445.040