302 CMR, § 10.04
Dams owned and operated by the United States, its agencies or any person who operates a dam owned by the United States are excluded from the provisions in 302 CMR 10.00, together with dams and reservoirs licensed and subject to inspection by the Federal Energy Regulatory Commission (FERC) provided that a copy of all FERC approved periodic inspection reports are provided to the Department. All other dams are subject to 302 CMR10.00 unless exempted in writing by the Commissioner, M.G.L. c. 253, §§ 44 through 48, or 302 CMR 10.00. Examples of exempt dams could be temporary drainage detention ponds, depending upon size and other considerations, surface impoundments (other than water) for industrial or commercial wastes which are regulated by other agencies or storage tanks.
302 CMR, § 10.04