(1) Protecting Public Water Supplies.

1. (a) Except as provided in 310 CMR 32.22(1)(b), no Type II or Type III sludge or septage shall be land applied anywhere within a radius of 2,500 feet of a well used as a source of drinking water supply by a public water system. Except as provided in 310 CMR 32.22(1)(b), no sludge or septage shall be land applied within 2,500 feet of the high water mark of any Class A water.

2. (b) Land application of Type II or Type III sludge or septage within a radius of 2,500 feet of a well used as a source of drinking water supply by a public water system, or within 2,500 feet of the high water mark of any Class A water, may be approved only if the following requirements are met:

   1. 1. a person wishing to land apply such sludge or septage in such a location applies in writing to the Department for approval to do so; and
   2. 2. the applicant persuades the Department that the sludge or septage contains no significant concentration of organic chemicals; and
   3. 3. the applicant persuades the Department, based upon a hydrogeologic study, that there is and will be no significant risk of pollution of any water mentioned in 310 CMR 32.22(1)(a); and
   4. 4. the Department expressly and in writing approves such land application, subject to a determination by the Department that the applicant has made the showings required by 310 CMR 32.22(1)(b)2 and 3; and
   5. 5. no land application of such sludge or septage shall be allowed anywhere within a radius of 400 feet of a well used as a source of drinking water supply by a public water system; and
   6. 6. such land application is otherwise in compliance with 310 CMR 32.00 and with the terms and conditions of the approval granted by the Department.