Section 30.704 - Private Water Supplies(1)(a) Except as provided in 310 CMR 30.704(1)(b), no active portion of a new hazardous waste landfill shall be located in the flow path of groundwater supplying water to an existing well which is used as a source of drinking water supply by a person other than a public water system and which is located within a distance that corresponds to 20 years of travel of groundwater which has traversed the facility site (see Figure 30.704). If such a well is located outside the natural flowpath of groundwater traversing the facility site, the Department may specify an appropriate buffer zone to ensure that groundwater traversing the facility site does not supply such a well. The owner or operator need not make such a determination of time-of-travel for any such well located one mile or more downgradient from the active portion of the facility. In no case shall any active portion of any hazardous waste landfill be located within 1000 feet of an existing well used as a source of drinking water supply by a person other than a public water system.(b)310 CMR 30.704(1)(a) shall not apply if the owner or operator: 1. provides to the affected person(s) alternative drinking water which is acceptable to the Department; or2. purchases the affected water rights.(2) No active portion of a hazardous waste landfill shall be located in the flow path of groundwater supplying a potential private underground drinking water source (see310 CMR 30.010) unless the owner or operator owns the water rights within the area described as follows (see310 CMR 30.000: Figure 30.704): (a) In the downgradient direction, the area is bounded by the edge of the active portion of the facility and by a boundary downgradient which represents 20 years of travel time of groundwater which has traversed the active portion of the facility; and(b) The other boundaries of the area are the boundaries of the flow path of groundwater which has traversed the active portion of the facility plus an adequate buffer zone as specified by the Department.(3) The active portion of a new surface impoundment, land treatment unit or waste pile shall not be located within a 1000-foot radius of an existing well which is used as a source of drinking water supply by a person other than a public water system.(4)310 CMR 30.704(2) shall not apply to a groundwater source if the owner or operator persuades the Department, after public notice and opportunity for public hearing, that said source cannot and will not serve as a source of drinking water because it is economically or technologically impractical to render that water fit for human consumption. FIGURE 30.704 PROTECTION OF EXISTING AND POTENTIAL PRIVATE UNDERGROUND DRINKING WATER SOURCES FROM LANDFILLS
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In order to simplify the diagram, the soil is assumed to be homogeneous and therefore, the boundary representing 20 years of travel is shown as linear.