Massachusetts Water Pollution: Laws And Regulations Explained

In Massachusetts, water pollution is a pressing issue, with many communities facing contaminated drinking water due to toxic chemicals. The state has implemented various laws, regulations, and policies to address this problem and protect its water resources. These include the Massachusetts General Laws (MGLs), which establish the purposes, authority, and financing of water-related laws, and the Code of Massachusetts Regulations (CMRs), which provide specific rules for implementing these laws. Additionally, organizations like Clean Water Action advocate for environmental justice and work to reduce pollution and improve access to clean water, especially in vulnerable communities. The state has also allocated funds to address emerging contaminants, such as PFAS, in drinking water, but the costs of cleanup are often high, leading to increased water rates for residents.

Clean Water Action's advocacy for environmental justice

Clean Water Action is a grassroots environmental organisation that has been advocating for strong health and environmental protections since its founding in 1972 during the campaign for the Clean Water Act. Clean Water Action works to protect the environment, health, economic well-being, and community quality of life.

The organisation has members and supporters in all 50 states and runs programs at the national, regional, and local levels. Clean Water Action focuses on issues related to water, clean energy, toxic chemicals, and environmental justice. They work to protect water from threats such as drilling and fracking for oil and gas, and power plant pollution. They also aim to keep clean water laws strong and effective and tackle the issue of single-use plastic pollution.

In Massachusetts, the state has implemented various laws and regulations to address water pollution. The Massachusetts General Laws (MGLs) establish the purposes, authority, and financing of laws related to water resource protection. The Code of Massachusetts Regulations (CMRs) provides specific rules for the application of these laws by state agencies. Additionally, the state has water conservation standards and policies in place to manage and protect its water resources. Clean Water Action's efforts in Massachusetts would involve advocating for the enforcement of these laws and regulations, as well as promoting environmental justice and community well-being.

Federal and state water statutes

At the federal level, the Environmental Protection Agency (EPA) plays a crucial role in setting standards and regulations for water quality. The EPA has identified stormwater runoff as one of the main sources of water pollution in Massachusetts, and the state is taking steps to address this issue. The EPA's regulations and standards are implemented and enforced by the Massachusetts Department of Environmental Protection (MassDEP) through its water programs.

Massachusetts General Laws (MGLs) establish the purposes, authority, and financing of laws related to water pollution and conservation. For instance, MGL Chapter 40, Section 8C pertains to the establishment and authority of Conservation Commissions. The Code of Massachusetts Regulations (CMRs) provides the specific rules and guidelines for the application of these laws by state agencies.

The state has also allocated significant funding to address water pollution issues. For example, Massachusetts has invested approximately $1 billion over the last decade to tackle Combined Sewer Overflow (CSO) pollution. In 2021, Governor Baker signed a law mandating that sewer operators notify the public about raw or partially treated sewage discharges into waterways, protecting residents from harmful bacteria. Additionally, the state has proposed creating a PFAS trust fund to address the widespread PFAS contamination in drinking water, with the federal government providing $38 million to address this issue.

Furthermore, Massachusetts has implemented the Massachusetts Water Conservation Standards and the Water Supply Policy Statement, which outline specific guidelines and policies for water conservation and supply management. These standards and policies are crucial in ensuring the sustainable use and protection of the state's water resources. The state also adheres to the Clean Water Act and has policies in place to control toxic pollutants in surface waters.

Massachusetts General Laws (MGLs)

In Massachusetts, the Clean Water Action group is advocating for the implementation of existing environmental justice policies and the passage of new laws to protect water resources and human health. They are pushing for a focus on equity and justice, especially for vulnerable communities that are disproportionately affected by environmental hazards. The group is also working to reduce pollution and promote clean energy, such as through their involvement in the Zero Waste Boston Coalition and their efforts to end trash incineration.

The Massachusetts General Laws (MGLs) establish the purposes, authority, and financing of laws related to water pollution. For instance, MGL Chapter 40, Section 8C pertains to the establishment and authority of Conservation Commissions. Non-criminal citations can be issued by towns for environmental violations under MGL Chapter 40, Section 21D. The Code of Massachusetts Regulations (CMRs) provides the specific rules for implementing these laws by state agencies, including the Department of Environmental Protection (DEP).

The DEP's water-related regulations include the Massachusetts Surface Water Quality Standards Implementation Policy, which addresses mixing zones and the control of toxic pollutants in surface waters. The DEP also has regulations and standards for the MassDEP water programs, which are governed by federal and state laws. These programs work to protect the state's water resources and ensure compliance with applicable laws and regulations.

To ensure clean drinking water, Massachusetts has allocated funds to address emerging contaminants like PFAS, and the federal government has provided additional support. The state has also proposed creating a PFAS trust fund, and legal actions have been taken against manufacturers of products containing PFAS. Towns are investing significant resources in PFAS filtration and treatment systems, but the costs are often passed on to water customers.

Code of Massachusetts Regulations (CMRs)

The Code of Massachusetts Regulations (CMR) provides specific rules for the application of the law by state agencies. The CMR includes most state DEP-related CMR environmental regulations. The Division of Water Pollution Control is covered under Title 314 CMR 4.00, which includes Massachusetts Surface Water Quality Standards.

The CMR can be researched through the State Publications and Regulations Division, and earlier issues of the Mass. Register are available. The Trial Court Law Libraries have compiled lists of regulations by number and an index by subject to make finding Massachusetts regulations easier. Official print copies of the regulations can be purchased.

Some examples of regulations included in the CMR are:

• Massachusetts Plumbing & Fuel Gas Codes (248 CMR)
• Hoisting Machinery (520 CMR 6)
• Architectural Access Board (521 CMR)
• Massachusetts Fire Safety & Electrical Codes (527 CMR)
• Massachusetts State Building Code (780 CMR)

The CMR also includes regulations related to the Clean Water Act, such as the Massachusetts Surface Water Quality Standards Implementation Policy for Mixing Zones (1993) and the Massachusetts Water Quality Standards Implementation Policy for the Control of Toxic Pollutants in Surface Waters (1980).

Clean Water's campaign against trash incineration

The Clean Water Act, intended to protect waterways from harmful pollutants, is currently under review by the US Environmental Protection Agency (EPA) and the Army Corps of Engineers. This review will reconsider the waterways protected under the act, including streams and wetlands, which are critical parts of the natural water infrastructure. The Act is particularly relevant to Massachusetts, which has a range of laws and regulations in place to manage water quality and protect water resources.

Massachusetts General Laws (MGLs) establish the purposes, authority, and financing of laws related to water quality and conservation. The Code of Massachusetts Regulations (CMRs) provides the specific rules for the application of these laws by state agencies. The Massachusetts Surface Water Quality Standards Implementation Policy, for example, outlines the water quality classifications for waters impacted by combined sewer overflows (CSOs).

The EPA's Trash Free Waters program is a nationwide initiative that aims to reduce the volume of trash entering waterways by targeting land-based sources. This program has created resources such as the Escaped Trash Risk Map, which identifies areas with high escaped trash density that are at risk of polluting waterways. The program also plans to establish an Escaped Trash Monitoring Network to update this map with new data.

The Clean Waters campaign against trash incineration can draw on these existing laws, regulations, and programs to advocate for stronger action against trash incineration and its impact on water pollution. The campaign can emphasize the following points:

• The negative consequences of trash incineration for water quality, public health, and the environment, including the release of toxic pollutants into the air and water.
• The importance of preventing trash from entering waterways in the first place, as most water pollution comes from land-based sources.
• The need for strict regulations and permits for trash incineration facilities, including limits on emissions and the types of waste burned.
• The potential for alternative waste management strategies, such as recycling and waste reduction programs, to minimize the need for trash incineration.
• The economic and ecological benefits of clean water, including the protection of aquatic ecosystems and the promotion of water-based tourism and recreation.

By highlighting these issues and proposing concrete solutions, the Clean Waters campaign can contribute to the broader efforts to protect Massachusetts' water resources and ensure clean water for the state's residents and ecosystems.

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