Current through Register 1533, October 25, 2024
Section 43.45 - Specific Guidance for the Application of Particular Conditions(1)General. 310 CMR 43.45 provides guidance on the application of particular conditions as part of the preparation of the Statewide Mapping and Screening Report.(2)Modeling Capability- 310 CMR 43.10. Hydrogeologic units containing faults, deeply weathered bedrock, buried river channels and sand lenses if capable of delineation at this stage should be screened out.(3)Large Existing Community Water Systems- 310 CMR 43.20(1)(a). In determining the Zone III of the supply, the drainage sub-basin of the area in which the well is located shall be delineated and screened out.(4)Existing Community Water Systems- 310 CMR 43.20(1)(b) and 2(a). In the absence of approved delineated Zone IIs, sites within the Interim Wellhead Protection Area [IWPA] of public water supplies shall be delineated and screened out.(5)Potential Productive Aquifers- 310 CMR 43.20(1)(c). The Board may choose to screen out sites located over potential productive aquifers without considering the likelihood that they will be determined to be qualified for development.(6)Class A Public Drinking Water Supplies- 310 CMR 43.21(1)(a). In determining the watershed of an impounded surface water supply the drainage sub-basin of the supply shall be delineated and screened out.(7)100 Year Flood Plains 310 CMR 43.21(1)(c). The evaluation of flood plains should be determined by reference to the most recently available flood profile data prepared under the National Flood Insurance Program (NFIP), currently administered by the Federal Emergency Management Agency. The boundary, as determined, shall be presumed accurate. This presumption may be overcome only by reliable evidence from a registered professional engineer or other professional competent in such matters.(8)Coastal High Hazard Zones 310 CMR 43.21(1)(g). In determining the coastal high hazard zones the coastal areas within the 100 year flood plain as delineated in the most recently available profile data prepared under the NFIP and all barrier beaches should be delineated and screened out.(9)Dams- 310 CMR 43.21(1)(f). Sites located in an area which would be affected by the failure of a dam with a Hazard Classification Class I or Class II, as determined in accordance with 302 CMR 10.09(3), which are capable of delineation at this stage should be screened out. The downstream inundation flood zone may be determined on the basis of records maintained by the Dam Safety Division of the Department of Environmental Management.(10)Interference with Monitoring 310 CMR 43.29(1)(b). Places where National Priority List sites, Resource Conservation and Recovery Act facilities, any locations of releases or sites as defined pursuant to M.G.L. c. 21E and the regulations promulgated thereunder, any solid waste disposal sites as defined pursuant to M.G.L. c. 111,§ 150A and the regulations promulgated thereunder or Leaking Underground Storage Tanks as defined in M.G.L. c. 148,§ 38B are identified and that are capable of delineation at this stage should be evaluated if there is reason to believe radioactive materials or mixed waste were used or disposed of at those locations. The Board may chose to defer elimination of an area described herein on the basis of further data on the extent to which existing potential contamination of the site will affect the performance of the site and its ability to be adequately monitored.