310 C.M.R. 27.05 – Authorized Activities

(1) Any person may construct, install, operate or maintain a Class IV or Class V aquifer remediation well in the conduct or performance of a response action in accordance with the provisions of M.G.L. c. 21E, 310 CMR 40.0000: Massachusetts Contingency Plan, or for the purpose of remediation at a release site, pursuant to CERCLA, 42 U.S.C. §§ 9601 through 9675, or RCRA, 42 U.S.C. §§ 6901 through 6992k. Well authorization under 310 CMR 27.05 is also contingent upon remaining in compliance with 310 CMR 27.00 including, but not limited to, the registration requirements in 310 CMR 27.08.
(2) Any person may construct, install, operate or maintain a Class V well in compliance with 310 CMR 27.00 and other applicable regulations and statutes including, but not limited to M.G.L. c. 21, § 43; 314 CMR 5.00: Ground Water Discharge Permit Program; 310 CMR 15.000: The State Environmental Code, Title 5: Standard Requirements for the Siting, Construction, Inspection, Upgrade and Expansion of On-site Sewage Treatment and Disposal Systems and for the Transport and Disposal of Septage; and 248 CMR 10.00: Uniform State Plumbing Code. Class V wells shall include but not be limited to the following types of injections:
1. (a) effluent from a heat exchanger;
2. (b) non-contact cooling water;
3. (c) stormwater runoff;
4. (d) water purification backwash;
5. (e) uncontaminated water used to replenish or recharge an aquifer;
6. (f) uncontaminated fresh water used to create a salt water intrusion barrier to prevent the intrusion of salt water into the fresh water;
7. (g) wastewater from on-site subsurface sewage disposal systems regulated under 314 CMR 5.00: Ground Water Discharge Permit Program or 310 CMR 15.00: The State Environmental Code, Title 5: Standard Requirements for the Siting, Construction, Inspection, Upgrade and Expansion of On-site Sewage Treatment and Disposal Systems and for the Transport and Disposal of Septage;
8. (h) uncontaminated water used for the purpose of subsidence control (i.e., to reduce or eliminate subsidence associated with the overdraft of groundwater);
9. (i) wastewater from the recovery of geothermal energy for heating, aquaculture and the production of electrical power;
10. (j) aquaculture wastewater;
11. (k) other types of aquifer remediation discharges not included in 310 CMR 27.05(1);
12. (l) process water and wastewater disposal;
13. (m) groundwater infiltration;
14. (n) swimming pool drainage;
15. (o) experimental technology wastewater; and
16. (p) other types of groundwater discharges regulated under 314 CMR 5.00: Ground Water Discharge Permit Program that also meet the definition of 310 CMR 27.02: Well.
(3) Well authorization under 310 CMR 27.05, for discharges that have applied for and received MassDEP approval for UIC registration, expires on the effective date of any Department-issued permit for that discharge, or upon the proper closure of the well in compliance with 310 CMR 27.10.