MA Drinking Water Regulations 310 CMR 22.00, require public water systems to protect Zone II recharge areas with municipal controls (bylaws, ordinances, health regulations) that meet MassDEP Wellhead Protection Regulations 310 CMR 22.21(2). However, when a public water system is not a part of the municipality in which their Zone II is located, it is not always easy for the public water supplier (pws) to obtain local protection. For these water systems, DEP provides an alternative wellhead protection compliance standard under the Best Effort Requirement 310 CMR 22.21(1).

Who Does The Best Effort Requirement Apply To?

The Best Effort Requirement applies to:

1. all non-municipal public water systems with a MassDEP approved Zone II; and
2. all municipal public water systems with a MassDEP approved Zone II located in (or extending into) another community.

The Best Effort Requirement 310 CMR 22.21(1):

Non-Municipal Systems: 310 CMR 22.21(1)(d) No public water supply well or well-field designed to pump 100,000 gallons per day or more shall be placed online unless the cities and towns in which any part of the Zone II of the proposed well or well-field is located have wellhead protection zoning or non-zoning controls in effect that prohibit siting within the Zone II the land uses set forth in 310 CMR 22.21(2)(a) and 310 CMR 22.21(2)(b) unless designed in accordance with the performance standards specified therein. If the public water system is owned or controlled by an entity other than a municipality, the proponent must demonstrate to the Department's satisfaction that it has used its best efforts to have all cities and towns in which the Zone II is located establish such zoning or non-zoning controls.

Municipal Systems: 310 CMR22.21(1)(e) No public water supply well or well-field designed to pump 100,000 gallons per day or more shall be placed online unless the cities and towns in which any part of the Zone II of the proposed well or well-field is located have wellhead protection zoning or non-zoning controls in effect that prohibit siting within the Zone II the land uses set forth in 310 CMR 22.21(2)(a) and 310 CMR 22.21(2)(b) unless designed in accordance with the performance standards specified therein. If the Zone II of a municipal public water system extends into another municipality, the pws must also demonstrate to the Department's satisfaction that it has used its best efforts to have all cities and towns into which the Zone II extends establish such zoning or non-zoning controls within the Zone II.

How Does A Public Water Supplier Comply With The Best Effort Requirement?

To achieve compliance with the Best Effort Requirement; a pws must demonstrate they have used their best efforts in encouraging the community to protect the Zone II with local controls that meet MassDEP Wellhead Protection Regulations 310 CMR 22.21(2). At a minimum, the pws must :

1. Request local officials (i.e. planning board, board of health, board of selectmen) to protect the approved Zone II with local controls that meet the language in 310 CMR 22.21(2)(a)(1) through (b)(7); and
2. Provide local officials with a copy of the MassDEP-approved Zone II delineation and MA Wellhead Protection Regulations 310 CMR 22.21(2); and
3. Provide MassDEP with documentation that steps 1 and 2 above have been accomplished. Documentation may include a copy of the letter to the town requesting protection of the Zone II or.a copy of a letter (or meeting minutes) describing discussions with local officials to protect the Zone II.

Once the above documentation is submitted, MassDEP will provide the PWS with a Letter of Compliance with MassDEP Best Effort Requirement.

What If The Community Protects The Zone II After The Public Water Supplier has Submitted Their Best Effort Documentation To DEP?

Community officials need time to review the wellhead protection information and to amend local controls. The adoption or amendment of bylaws/ordinances can often take a year or more. In many instances, a pws will have submitted their best effort documentation to DEP while the community is actively pursuing the requested protection.

If a community revises their protection measures after the pws has submitted Best Effort documentation; the pws should send DEP a copy of the community adopted/amended protection controls.DEP will provide the pws with a Letter of Compliance with DEP Wellhead Protection Regulations.

Once a community has protected a Zone II with local controls that meet all of DEP Wellhead Protection Regulations; the pws is no longer subject to meeting the Best Effort Requirement for that Zone II.

What If The Community Already Protects the Zone II?

If a community already protects the Zone II with controls meeting DEP Wellhead Protection Regulations 310 CMR 22.21(2); the pws should submit this documentation (bylaws, health regs, protection maps etc) to DEP.DEP will provide the pws with a Letter of Compliance with DEP Wellhead Protection Regulations.

What If The Community Does Not Respond To The Public Water Supplier's Request To Protect The Zone II?

The pws is only subject to meeting the Best Effort Requirement. Once the pws has submitted the required best effort documentation to DEP; they have satisfied the Best Effort Requirement. However, if the community does not pursue the requested wellhead protection; the pws will at some time, be subject to meeting the Best Effort Requirement again. The following activities trigger compliance with the Best Effort Requirement:

• new source approval;
• monitoring waiver application;
• DEP water withdrawal permit reviews or amendments;
• Zone II re-delineations (for pws previously subject to BE compliance); and
• Sanitary Survey stipulations.

The goal of the Best Effort Requirement is to protect the quality of public drinking water supplies. The repeat best effort requirement provides public water suppliers with the opportunity to continue pursuing wellhead protection for their water supplies.