Section 30.703 - Actual, Planned, and Potential Public Underground Drinking Water Supplies(1) No new or replacement underground tank shall be located on land overlying an actual, planned or potential public underground drinking water source (see310 CMR 30.010) unless the owner or operator persuades the Department that there is no feasible alternative to storage or treatment in an underground tank (e.g., another permitting authority requires that the waste be stored or treated underground).(2) No active portion of a new hazardous waste landfill, land treatment unit, surface impoundment, miscellaneous unit or waste pile shall be located: (a) on land which is overlying an actual, planned or potential public underground drinking water source (see310 CMR 30.010); or(b) within a 1/2 mile (2640 feet) radius of an existing well used as a source of drinking water for a public water system, or within a Zone 2 if a Zone 2 has been delineated for that area.(3) No active portion of a hazardous waste landfill or land treatment unit shall be located in the flow path of groundwater supplying any well for any public water system. If a well which supplies a public water system is outside the natural flow path of groundwater traversing the facility site, the Department may specify an appropriate buffer zone to ensure that groundwater which has traversed the facility site does not supply such well (see Figure 30.703).(4) No active portion of a new hazardous waste landfill or land treatment facility shall be located in the flow path of a planned or potential public underground drinking water source. For the purposes of 310 CMR 30.703(4), an area shall not be considered to contain a potential public underground drinking water source if the area is already served by a public water system, the drinking water sources of which are all located outside the area described in 310 CMR 30.703(5)(a) and (b).(5) The owner or operator of a hazardous waste landfill or land treatment unit shall not be subject to 310 CMR 30.703(4) if he or she demonstrates to the Department that he owns the water rights within the area described as follows (see Figure 30.703):(a) In the downgradient direction, the area is bounded by the edge of the active portion of the facility and by the points of discharge of groundwater traversing the active portion of the facility; and(b) The other boundaries of the area are the boundaries of the flow path of groundwater traversing the active portion of the facility plus an adequate buffer zone as specified by the Department.(6)310 CMR 30.703(1), (2), or (4) shall not apply to an aquifer if the owner or operator persuades the Department, after public notice and opportunity for public hearing, that said aquifer cannot and will not serve as a source of drinking water for a public water system because it is economically or technologically impractical to render that water fit for human consumption. FIGURE 30.703: PROTECTION OF EXISTING AND POTENTIAL PUBLIC UNDERGROUND DRINKING WATER SOURCES FROM LANDFILLS AND LAND TREATMENT FACILITIES
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