It is fair to say that environmental protection became a
“national priority” with the passage of the Federal Clean Waters Act (FWCA) PL
92-500 by Congress in 1972. The Federal Clean Waters Act stated objective is “to
restore and maintain the chemical, physical and biological integrity of the
Nation’s waters” (Environmental Law Reporter 1988). The Act further required each State to develop information on the
quality of its waters and report that information to the United States
Environmental Protection Agency, Congress and the public. Some of the relevant agencies and programs follow, along
with definitions of terms and regulations.
The multitude of conflicting and competing uses that we
expect our waterbodies to address were identified as desig Watershed Management plans serve as the chief source of
information in developing a priority ranking system to address these numerous
problems.. The Act and subsequent
revisions lay out in numbered sections the specific authorities granted. For
example, in 1987 the Federal Water Quality Act replaced the EPA Construction
Grants Program with the Clean Water
State Revolving Fund (CWSRF) programs. Under this program municipalities,
based on a priority ranking system, could submit pollution abatement projects
that would be eligible to receive below market rate financing. The National
Pollution Discharge Elimination System (NPDES) is a permitting system
dedicated to the reduction of pollution sources emanating from discrete sources
such as from an industry or municipal wastewater treatment plant. Such sources
are frequently referred to as “Point Source Discharges.” Under this jointly
administered program, all facilities which discharge pollutants from any point
source into waters of the Commonwealth are required to obtain a NPDES permit.
More recently water quality regulators have placed additional focus on nonpoint
pollution. Nonpoint pollution is broadly defined as the pollution caused by
diffuse sources that are not presently regulated as point sources and are
normally associated with precipitation and runoff from the land or percolation.
Within the past year the EPA has begun the process of addressing the problem of
stormwater contamination. Under the authority of Section 402(p) of the Clean
Waters Act small cities and towns located in urbanized areas will be required
receive a permit to discharge stormwater and to develop and implement a
stormwater management program. The permits will by administered as Phase II
Stormwater Compliance of the NPDES program. These drainage systems are
referenced as “municipal separate storm sewer systems” or MS4’s. Communities
are slated to submit their respective plans in March of 2003. Section 305b of
the FCWA provides the legal authority by which each state must develop
information on the quality of its waters and report that information to the
Environmental Protection Agency and Congress. Section 303d addresses impaired
waterbodies. Impaired waterbodies such as lakes, rivers, ponds, estuaries
and harbors that do not meet water quality standards set for their desig One such methodology is to develop a pollution budget called
the Total Maximum Daily Load (TMDLs)
on the sources of pollution causing the degradation and a Remediation Plan for
each pollutant of concern. Section 319
deals with implementation practices designed to reduce nonpoint pollution
sources. Some sections of the Clean
Water Act such as 604b, 319, 104b in
addition provide funding mechanisms to address or remediate the various sources
of pollution. The Massachusetts
Department of Environmental Protection currently administers a number of these
grant and loan programs provided through the auspices of the EPA. Additional
program funds are derived through other state or federal appropriations such as
through an Environmental Bond Fund. The National Flood Insurance Act of 1968 and Flood Disaster
Program Act of 1973 provided the source of authority to conduct Flood Insurance
Studies to investigate the existence and severity of flood hazards in
communities across the nation. The Coastal Zone
Management Act of 1972 and through subsequent amendments and reauthorizations
established a program for the States and territories to develop comprehensive
programs to protect and manage coastal resources. Resource management and
protection is accomplished through State Laws regulations, permits, and local
plans and zoning ordinances. In 1990 section
6217 of the Coastal Zone Act Reauthorization Amendments provided
comprehensive guidance to the coastal States on the types of management
measures needed to specifically address nonpoint pollution sources affecting
coastal water quality and establishes the Coastal Nonpoint Pollution Control
Program. …”The purpose of the program
“shall be to develop and implement management measures for nonpoint pollution
to restore and protect coastal waters, working in close conjunction with other
State, Federal and local authorities.” “ There is clear link between coastal
water quality and land use activities along the shore.” (USEPA Proposed
Guidance Specifying Management Measures for Sources of Nonpoint Pollution in
Coastal Waters may 1991). Massachusetts General
Law Chapter 30 section 62 the current statute was enacted in 1977. The statute
requires that all agencies of the Commonwealth determine the impact on the
natural environment of all works, projects directly undertaken by state
agencies and to private projects for which state permits are sought or in which
state funding or land transfer is involved and use all practicable means and
measures to avoid or minimize the environmental harm that has been identified.
It also provides the procedure--the Environmental Impact Report--by which that
obligation will be satisfied and authorizes the Secretary of Environmental
Affairs to oversee the review process. MEPA does not apply to projects needing
just local approvals. Massachusetts General Laws Chapter 21G section 3 and General
Law Chapter 30A sections 2 and 3. Regulation 310 CMR 36.00 is intended to
establish a program whereby withdrawals of water in the Commonwealth above a
threshold quantity are registered and regulated by the Department of
Environmental Protection, Division of Drinking Water. These regulations are
intended to enable the Department to document baseline water use in the
Commonwealth and begin the process of comprehensive management of the surface
and groundwater of the Commonwealth. (105 CMR- 445.000)
requires that the water at public bathing beaches be tested for bacteria to
protect the public from contracting infectious diseases while swimming. Local
health departments or local organizations collect the vast majority of beach
water quality testing. 310 CMR 479 - 310 CMR
15.000: of the State Environmental Code, Title 5: are the standard requirements
for the siting, construction, inspection, upgrade and expansion of on-site
sewage treatment and disposal systems and for the transport and disposal of
septage (DEP 2000b). Pursuant to the Massachusetts
Contingency Plan (MCP), a 21E site is “any building, structure,
installation, equipment, pipe or pipeline, including any pipe discharging into
a sewer or publicly-owned treatment works, well, pit, pond, lagoon,
impoundment, ditch, landfill, storage container, motor vehicle, rolling stock,
or aircraft, or any other place or area where oil or hazardous material has been
deposited, stored, disposed of or placed, or otherwise come to be located. A complete listing of statewide 21E sites can be
accessed through the DEP World Wide Web site
(http://www.state.ma.us/dep/bwsc/sitelist.htm). The environmental agencies in the The Secretary oversees five major environmental agencies and
six independent programs that have the responsibility for carrying out the
state environmental programs and enforcing state environmental laws. For more
detailed information regarding the environmental agencies and programs
administered under EOEA please consult the web page http://www.mass.gov/portal/index.jsp
and related linkages. Descriptions of the five environmental agencies follow. Bureau of Resource Protection (BRP) is responsible for
identifying critical inland and coastal water resources, devising strategies
for protecting and preserving them, safeguarding public drinking water supplies
and ensuring public access to the waterfront. BRP also administers grants and
revolving loan programs that help the Commonwealth’s cities, towns, municipal
water or sewer districts and other regional entities improve their
environmental infrastructure. BRP consists of the following divisions:
Watershed Management Division, Municipal Services Division, Planning and
Program Support. The Watershed Management Division, charged with monitoring and
regulatory activities that affect water quality and quantity within the state’s
major river basins, combines the four water resource programs within the
original BRP (Wetlands and Waterways, Water Pollution Control, Watershed
Management, and Drinking Water) and focuses on building local and regional
coalitions to bring about the next major increment of water quality
improvement. The Municipal Services Division, replaces the former Bureau of
Municipal Facilities, has responsibility for administering the wastewater and
drinking water State Revolving Funds and delivers training and technical
assistance to Bureau of Waste Prevention (BWP) is charged with preventing
pollution before it happens and promoting maximum reuse and recycling of
residential, institutional and industrial waste. BWP consists of the following
divisions: Business Compliance Division Consumer and Transportation Compliance Division, Evaluation
and Planning Division Program Support. Bureau of Waste Site Cleanup (BWSC) is
charged and ensuring immediate and effective response to environmental
emergencies, such as oil spills and chemical fires, as well as timely
assessment and cleanup of hazardous waste sites by private parties responsible
for them. BWSC consists of the following divisions: Policy and Program
Development Division, Response and Remediation Division Technical and Financial
Support Division. DEP has four Regional Offices that are the focal point for
most of DEP’s permitting, compliance, enforcement, emergency response and site
cleanup activity that protects citizens of Owns and operates the state forest and parks system, which
is one the largest in the nation. In addition, the Department is responsible
for water resources planning, dam safety, lake and pond restoration, hazard
mitigation planning, areas of critical environmental concern planning, and
forestry management. Amongst the key DCR (DEM) programs is The Areas of
Critical Environmental Concern (ACEC) Program established in 1975. It
authorizes the Secretary of Environmental Affairs to identify and desig (Formerly known as the Department of Food and
Agriculture, DFA) Supports agriculture industry through market development and
regulates certain related activities, including pesticide use. The Department
also manages the state agriculture land preservation program and coordi (Formerly known as the Department of Fisheries and
Wildlife Environmental Law Enforcement, DFWELE) Responsible for
managing game and non-game wildlife and the regulation of hunting and fishing.
The Department manages the state’s rare and endangered species program and
administers the Riverways Program. The mission of the Riverways Program is to
promote the restoration and protection of the ecological integrity of the
Commonwealth’s watersheds: rivers, streams and adjacent lands. The Riverways
Program was established within DFWELE in 1987 in recognition that river and
stream corridors are a crucial component of the state’s ecological
infrastructure and that protection of these watershed resources could not be
accomplished through land acquisition alone. The Natural Heritage &
Endangered Species Program (NHESP), part of the Massachusetts Division of
Fisheries and Wildlife http://www.mass.gov/dfwele/dfw/
is one of the Programs forming the Natural Heritage Network. NHESP is
responsible for the conservation and protection of hundreds of species that are
not hunted, fished, trapped, or commercially harvested in the state. The
program’s highest priority is protecting the approximately 175 species of
vertebrate and invertebrate animals and 250 species of native plants that are
officially listed as endangered, threatened or of special concern in Other agencies within DFWELE include the Division of Marine
Fisheries who’s’ mission is to manage, develop, and protect the renewable
living marine resources to provide the greatest public benefit. The Division
fosters protection of the marine environment by cooperating with other state
and federal agencies on pollution abatement, coastal wetlands protection and
other programs concerning coastal waters and marine life. The Division monitors
coastal contaminant levels in fish and shellfish, operates a shellfish
purification facility, and evaluates the impacts of coastal development on
marine fish and their habitats. (Formerly known as the Metropolitan District Commission,
MDC) This system was the first regional organization of public
open space in the - Begun in 1996 by the Executive Office of
Environmental Affairs. The Watershed Initiative was an innovative,
result-oriented program. The Massachusetts Watershed Initiative was a broad
partnership of state and federal agencies, conservation organizations,
businesses, municipal officials and individuals. The goal of the Massachusetts
Watershed Initiative was to integrate the activities of the state environmental
programs with each other and with the activities of federal and local
governments, non-governmental organizations, business and other watershed
partners along seven program elements Outreach and Education, - Implements the
Massachusetts Environmental Policy Act (MEPA) Regulations 301 CMR 11.00 Statute
M.G.L c30, ss 61-62H. The North Coastal Watersheds team has successfully
utilized this program to advocate for stronger environmental protection
measures consistent with the long-ter – Implements state coastal protection policies and programs,
including providing consistency review of federal actions in the coastal zone
and implementation of related grant and regulatory programs. The mission of
Massachusetts Office of Coastal Zone Management (MCZM) is to balance the impact
of human activities with the protection of coastal and marine resources through
planning, public involvement, education, research, and sound resource
management. CZM helps communities with harbor planning, monitoring, some
wastewater issues, and stormwater as well as wetland and tideland issues. MCZM
also serves as a conduit for grants to communities and organizations to
remediate nonpoint pollution sources. MCZM’s programs rely on existing - Since 1964, the
Division of Conservation Services has been providing technical and financial
assistance to farmers as well as public and private landowners in matters
dealing with farm plans or sediment and erosion control. DCS awards grants to
municipalities for conservation and parkland acquisition and construction. DCS
also provides assistance with the development of open space and recreation
plans, and to municipalities, land trusts, and private landowners regarding
approval of conservation restrictions. The Self-Help program was established in
1961 to assist municipal conservation commissions acquiring land for natural
resource and passive outdoor recreation purposes. Lands acquired may include
wildlife, habitat, trails, unique natural, historic or cultural resources,
water resources, forest, and farmland. Compatible passive outdoor recreational
uses such as hiking, fishing, hunting, cross-country skiing, bird observation
and the like are encouraged. Access by the general public is required. This
state program pays for the acquisition of land, or a partial interest (such as
a conservation restriction), and associated acquisition costs such as appraisal
reports and closing costs. The Urban Self-Help Program was established in 1977 to
assist cities and towns in acquiring and developing land for park and outdoor
recreation purposes. Any town with a population of 35,000 or more year-round
residents, or any city regardless of size, that has an authorized park
/recreation commission and conservation commission, is eligible to participate
in the program. Communities that do not meet the population criteria listed
above may still qualify under the “small town,” “regional,” or “statewide”
project provisions of the program. - Provides assistance
to public and private entities on the pollution prevention and toxic use
reduction. – The Water Resources Commission (WRC) is
a 13 member Commission within EOEA responsible for developing the water
resources management framework under which the environmental agencies operate.
The Commission is also responsible for implementing the Interbasin Transfer
Act, which regulates the transfer of all surface and groundwater, including
wastewater, between the 27 major watersheds in the Commonwealth. For more
information about the WRC, state water policies and the Interbasin Transfer Act
please visit the Department of Environmental Management’s Website http://www.state.ma.us/dem . The Massachusetts Wetlands Restoration Program (MWRP) was
established in 1994 within the Executive Office of Environmental Affairs(EOEA,
website at http://www.state.ma.us/envir/
) to implement a voluntary (non-regulatory) program for restoring the
Commonwealth’s wetlands. MWRP inventories wetlands restoration sites within
watersheds and coastal regions, and facilitates the implementation of priority
restoration projects through its GROWetlands (Groups Restoring Our Wetlands)
Initiative. Once a restoration project is accepted into the program, MWRP, in
collaboration with its many federal, corporate, and non-profit partners, works
with the project sponsor to provide or obtain whatever assistance – financial,
technical, monitoring or other support - is required to complete the project. The Corporate Wetlands Restoration Partnership (CWRP) was
launched in May of 1999 by the Massachusetts Executive Office of Environmental
Affairs (EOEA), The Gillette Company, and the federal EPA, and is managed by
EOEA’s Wetlands Restoration Program. This partnership was the first of its kind
in the nation to encourage voluntary corporate participation in proactive
wetlands restoration. CWRP attracts funding and assistance from the private
sector to help complete MWRP’s Wetlands restoration effortsAppendix L: Relevant Government Agencies
Clean
Watershed Management plans
National Pollution Discharge Elimination System
(NPDES)
Section 303d: impaired waterbodies
FEMA Federal Emergency Management Agency
CZMA Coastal Zone Management Act.
MEPA
WMA
State Sanitary Code
Title V, Department
of Environmental Protection
Oil and
Hazardous Material Release Prevention Act (MGL 21E)
Executive Office of Environmental Affairs
Department of Environmental Protection
Department of Environmental Management
Massachusetts Department of Agricultural Resources
(MDAR)
Department of Fish and Game (DFG)
Department of Conservation and Recreation (DCR)
Independent Programs
The
MEPA Unit
Coastal Zone Management
Division of Conservation Services
Office of Technical Assistance
Water Resources Commission
Wetlands Restoration Program