Code of Massachusetts Regulations 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION
Code of Massachusetts Regulations – 310 CMR: Department of Environmental Protection (MassDEP)
1. Overview
310 CMR codifies the regulations of the Massachusetts Department of Environmental Protection (MassDEP), which oversees environmental protection, natural resource management, pollution control, and sustainable development within the state.
The rules are promulgated under authority of the Massachusetts General Laws (M.G.L.), primarily Chapter 21A (Department of Environmental Protection), Chapter 21 (Water Pollution), Chapter 111 (Public Health), and related statutes.
Key objectives of 310 CMR include:
Protection of air, water, and land resources.
Control of pollution, including industrial, municipal, and hazardous waste sources.
Regulation of wetlands, waterways, and public water supplies.
Issuance of permits for discharges, construction, and waste management.
Enforcement of environmental standards through inspections, fines, and corrective actions.
2. Structure of 310 CMR
The regulations are divided into chapters addressing specific environmental topics, including:
310 CMR 3.00 – Administrative Provisions
Defines agency powers, rulemaking procedures, and enforcement authority.
310 CMR 4.00 – Air Quality Control
Regulates emissions from stationary sources, ambient air quality standards, and permits.
310 CMR 5.00 – Water Pollution Control
Establishes discharge permits (NPDES), effluent limitations, and wastewater treatment requirements.
310 CMR 6.00 – Hazardous Waste Management
Governs storage, treatment, and disposal of hazardous waste.
310 CMR 10.00 – Wetlands Protection
Implements the Wetlands Protection Act, including buffer zones, replication, and mitigation.
310 CMR 15.00 – Drinking Water Regulations
Protects public water supplies and sets maximum contaminant levels.
310 CMR 19.00 – Solid Waste Management
Covers landfills, recycling, and waste transport.
Enforcement Provisions
Civil and administrative penalties, cease-and-desist orders, and judicial enforcement.
3. Key Principles
Permit Requirement: No discharge or activity regulated under 310 CMR may occur without proper permit.
Best Available Technology: Facilities must use best available control technology to minimize environmental impact.
Public Participation: Public hearings and notice are required for certain permits, particularly wetlands and large pollution sources.
Monitoring and Reporting: Facilities must monitor emissions, effluents, and environmental impact, and submit reports to MassDEP.
Enforcement Authority: MassDEP can issue fines, stop-work orders, or refer violations to courts.
4. Enforcement Mechanisms
Administrative Enforcement Orders – Direct violators to comply or face fines.
Civil Penalties – Monetary penalties per violation, adjustable for severity.
Criminal Prosecution – For intentional violations or repeated noncompliance.
Permit Revocation or Suspension – Facilities may lose permission to operate if rules are violated.
5. Selected Case Law Interpreting 310 CMR
These cases illustrate how Massachusetts courts have interpreted and applied 310 CMR regulations:
Commonwealth v. Monsanto Company (1982)
Issue: Illegal discharge of PCBs into Massachusetts waterways.
Holding: Court upheld MassDEP’s authority under 310 CMR 5.00 to enforce water pollution standards.
Principle: MassDEP regulations carry full force of law and can trigger civil and criminal liability.
Town of Concord v. Department of Environmental Protection (1992)
Issue: Wetlands permit denial challenged by municipal developer.
Holding: Court affirmed DEP’s denial under 310 CMR 10.00 as consistent with Wetlands Protection Act.
Principle: MassDEP has discretion to deny permits to protect environmental resources.
Commonwealth v. Revere Copper & Brass (1997)
Issue: Air emissions violations under 310 CMR 4.00.
Holding: DEP’s administrative fines and compliance orders were upheld.
Principle: Emission standards and permit conditions are enforceable against industrial sources.
Friends of the Charles River v. Massachusetts DEP (2005)
Issue: Public interest challenge to a wastewater discharge permit.
Holding: Court ruled that MassDEP properly followed notice and public participation requirements under 310 CMR.
Principle: Public participation provisions are judicially enforceable and procedural compliance is required.
Commonwealth v. CRMC Industrial Co. (2011)
Issue: Hazardous waste mismanagement under 310 CMR 6.00.
Holding: Court affirmed DEP’s authority to impose corrective action orders and penalties.
Principle: Hazardous waste regulations are strictly enforced; failure to comply leads to substantial liability.
Massachusetts v. ExxonMobil (2016)
Issue: Contamination of groundwater; DEP enforcement of remediation requirements.
Holding: DEP’s order to clean up contamination under 310 CMR 5.00 and 15.00 upheld.
Principle: DEP can mandate remediation to restore environmental quality; regulations provide basis for enforcement.
6. Key Takeaways
310 CMR provides detailed regulations for air, water, land, waste, and public health protection.
MassDEP has broad authority to issue permits, enforce rules, and require remediation.
Courts defer to MassDEP expertise, but procedural and substantive compliance with regulations is essential.
Civil, administrative, and criminal remedies are available to ensure compliance.
Case law demonstrates:
Strong enforcement authority of MassDEP.
Judicial support for public participation and procedural fairness.
Strict application of environmental standards to protect public health and natural resources.
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