06-096 C.M.R. ch. 860, § 3 - Definitions

A. Board. "Board" means Board of Environmental Protection.

B. Commissioner. "Commissioner" means the Commissioner of the Department of Environmental Protection.

C. Conveyance. "Conveyance" means any vehicle used for transportation on land, water or in the air. For the requirement that a license be obtained, the term includes only the cargo-carrying portion of a conveyance. For all other requirements the term includes the entire conveyance.

D. Department. "Department" means the Department of Environmental Protection.

E. Discharge. "Discharge" means any spilling, leaking, pumping, pouring, emitting, emptying or dumping.

F. Disposal. "Disposal" means the discharge, deposit, injecting, spilling, leaking or placing of any hazardous or solid waste, waste oil, sludge or septage into or on any land or water so that the hazardous or solid waste, waste oil, sludge or septage or any constituent thereof may enter the environment or be emitted into the air, or discharged into any waters, including ground waters.

G. Handle. "Handle" means to store, transfer, collect, separate, salvage, process, reduce, recover, incinerate, treat or dispose of.

H. Industrial Boiler or Industrial Furnace. "Industrial boiler or industrial furnace" means any boiler or furnace which produces energy for use in a manufacturing process. Boilers or furnaces which provide energy for space heating and other non-manufacturing purposes in addition to providing energy for a manufacturing process are considered to be industrial boilers or furnaces. Except for utility boilers, boilers or furnaces used solely to produce heat or to cool air are non-industrial boilers or furnaces for the purpose of these regulations.

I. Manifest. "Manifest" means the form used for identifying the quantity, composition and the origin, routing and destination of hazardous waste during its transport.

J. Non-Industrial Boiler or Non-Industrial Furnace. "Non-industrial boiler or non-industrial furnace" means any boiler or furnace located in the following types of establishments: commercial (e.g., office building, shopping area, greenhouse), institutional (e.g., school, hospital), or residential (e.g., apartment building).

K. Primary Sand and Gravel Recharge Area. "Primary sand and gravel recharge area" means the surface area overlying sand and gravel formations that provides replenishment of ground water in sand and gravel and fractured bedrock aquifers. The term does not include areas overlying formations that have been identified as unsaturated and are not contiguous with saturated formations.

L. Run-off. "Run-off" means any rainwater, leachate or other liquid that drains from the facility property over land.

M. Significant Ground Water Aquifer. "Significant ground water aquifer" means a porous formation of ice-contact and glacial outwash sand and gravel that contains significant recoverable quantities of water which is likely to provide drinking water supplies.

N. Storage. "Storage" means the containment of waste oil, either on a temporary basis or for a period of years, in such a manner so as not to constitute disposal of the waste oil.

O. Substantial Modification. "Substantial modification" means any change in size, volume handled or operation of a licensed facility which may pose a risk to health, safety, welfare or the environment which is significantly different in kind or degree from that posed by the facility without the modification, or may pose a significant risk which was not considered in the original application or is not addressed in the existing license.

P. Surface Impoundment. "Surface impoundment" means a facility or part of a facility which is a natural topographic depression, man-made excavation or diked area formed primarily of earthen materials, although it may be lined with man-made materials, which is designed to hold or holds an accumulation of liquid wastes or wastes containing free liquids, and which is not an injection well. Examples of surface impoundments are holding, storage, treatment, settling and aeration pits, ponds and lagoons.

Q. Transport. "Transport" means the movement of hazardous or solid waste, waste oil, sludge or septage from the point of generation to any intermediate points and finally to the point of ultimate disposition. Movement of hazardous waste on the site where it is generated or on the site of a licensed waste facility for hazardous waste is not "transport". Movement of waste oil on the site where it is generated or on the site of a licensed waste oil dealer's facility is not "transport".

R. Utility Boiler. ''Utility boiler" means any boiler which produces electric power, steam, or heated or cooled air for sale.

S. Waste Oil. ''Waste oil" means a petroleum-based oil which, through use or handling, has become unsuitable for its original purpose due to the presence of impurities or loss of original properties. It must have sufficient liquid content to be free flowing. Waste oil is further defined in Section 4 of this rule.

T. Waste Oil Dealer. ''Waste oil dealer" means any person in the business of transporting or handling more than 1,000 gallons of waste oil for the purpose of resale in a calendar month. A person who collects or stores waste oil on the site of generation, whether or not for the purpose of resale, is not a waste oil dealer.

U. Waste Oil Storage Facility. 'Waste oil storage facility" means any land area, structure, equipment or combination thereof which is owned or operated by a waste oil dealer and which is either used, or is capable of being used, for the storage and handling of 1,000 gallons of waste oil per calendar mouth.

Notes

06-096 C.M.R. ch. 860, § 3