Section 43.21 - Surface Water Drinking Supplies and Resource Protection(1)Exclusion Criteria.(a)Class A Water Supplies. Exclude any site where the probable waste management area would be located within the watershed of a Class A public surface drinking water supply as defined in 314 CMR 4.05(3)(a).(b)Class B Public Drinking Water Supplies. Exclude any site where the probable waste management area will be located within any of the following area of a Class B public surface drinking water supply as defined in 314 CMR 4.05(3)(b): 400 feet from the 100 year flood plain elevation extending 1/2 mile upgradient from the supply intake and extending 200 feet downgradient from the supply intake or to the physical spillway, whichever downgradient distance is less.(c)Flood Plain,100 year. Exclude any site in which the probable waste management area would be within any 100 year flood plain.(d)Wetlands. Exclude sites where the probable waste management area would be located within 100 feet of a resource area protected by the Wetlands Protection Act, M.G.L. c.131,§ 40 and 310 CMR 10.00.(e)Poor Draining Areas. Exclude from the site any land that does not drain well and is subject to periodic flooding or frequent ponding.(f)Runoff Retention. Exclude from the site upland drainage areas which, due to their size, geometry, and surface characteristics, are unable by natural drainage patterns and normal engineering drainage controls to reliably channel the surface runoff expected from a statistical 100 year precipitation event without significantly eroding or inundating the probable waste management area.(g)Coastal High Hazard Zones. Exclude sites in coastal high hazard zones.(h)Dams. Exclude sites in areas subject to inundation by the failure of an existing dam.(i)Surface Water Discharges. Exclude sites in which a hydrogeologic unit within the probable waste management area discharges groundwater to the surface within the site.(2)Conditional Consideration Criteria. 500 Year Floodplain. Consider sites in which the probable waste management area would be located inside any 500 year flood plain on compliance with the provisions of 310 CMR 43.40(3).
(3)Preference Criteria.(a)Minimizing Impact to Water Resources . 1. Prefer sites with a lower potential for radioactive substances to impact tributaries and surface water bodies resulting in harm to human, animal or aquatic life or the most sensitive designated use, over sites with a higher potential for such impact.2. Prefer sites with a lower potential for radioactive substances to impact tributaries or surface water bodies resulting in radionuclides in aquatic life exceeding the recommended limits for consumption by humans, over sites with a higher potential for such impact.3. Prefer sites with a lower potential for radioactive substances to impact tributaries or surface water bodies resulting in exceeding Massachusetts drinking water standards, 310CMR 22.09, over sites with a higher potential for such an impact.(b)Distance from Environmentally Sensitive Surface Waters. Prefer sites further away from intakes and tributaries of free flowing surface water supplies, lakes, rivers not including intermittent streams, outstanding resource waters and resource areas protected by the Wetlands Protection Act (M.G.L. c. 131,§ 40), over sites closer to such surface waters.