314 CMR 7.02 - Definitions

As used in 314 CMR 7.00, the following words have the following meaning:

Bypass means the diversion of wastes from any portion of a treatment works.

Department means the Massachusetts Department of Environmental Protection (DEP) as established by M.G.L. c. 21A, § 7.

Discharge or Discharge of Pollutants means any addition of any pollutant or combination of pollutants to waters of the Commonwealth from any source, including but not limited to, discharges from surface runoff which is collected or channeled by man; discharges through pipes, sewers, or other conveyances owned by a State, municipality, or other person which do not lead to a POTW; and discharges through pipes, sewers, or other conveyances, leading into privately owned treatment works. Discharge or Discharge of Pollutants does not include an addition of pollutants by any indirect discharger.

Effluent means a discharge of pollutants into the environment, or to a sewer system whether or not treated.

Effluent Limitation or Effluent Limit means any requirement, restriction, or standard imposed by the Department, local municipality, or US EPA on quantities, discharge rates, and concentrations of pollutants which are discharged from point sources into waters of the Commonwealth or to publicly owned treatment works.

Environmental Protection Agency or EPA means the United States Environmental Protection Agency.

Existing Sewer Connection means any connection to the sewer system on or before April 25, 2014.

Federal Act means the Clean Water Act, P.L. 92 500, as amended by P.L. 95 217 and P.L. 95 576, 33 U.S.C. 1251 et seq.

Hazardous Waste means a hazardous waste pursuant to 310 CMR 30.000: Hazardous Waste.

Industrial User, or Indirect Discharger means the entity that introduces pollutants into a municipal sewer system from any non-domestic source.

Industrial Waste means any liquid, gaseous, or solid waste substance or a combination thereof resulting from any process of industry, manufacturing, trade, or business or from the development or recovery of any natural resources.

Industrial Wastewater means waste in liquid form resulting from any process of industry, trade, or business, regardless of volume or pollutant content. Waste in liquid form consisting of only sewage is not considered industrial wastewater.

IPP-POTW means a POTW that has an industrial pretreatment program approved by US.EPA under 40 CFR 403.

Infiltration means water other than wastewater that enters a sewer system (including sewer connections and foundation drains) from the ground through means which include, but are not limited to, defective pipes, pipe joints, connections, or manholes. Infiltration does not include, and is distinguished from inflow.

Infiltration/Inflow means the quantity of water from both infiltration and inflow without distinguishing the source.

Inflow means water other than sanitary flow that enters a sewer system (including sewer connections) from sources that include, but are not limited to, roof leaders, cellar drains, yard drains, area drains, drains from springs and swampy areas, manhole covers, cross connections between storm sewers and sanitary sewers, catch basins, cooling towers, storm waters, surface runoff, street wash waters, or drainage. Inflow does not include and is distinguished from, infiltration.

Massachusetts (MA) Historical Commission means the enabling statute for the Massachusetts Historical Commission at M.G.L. c. 9, §§ 26 through 27C, and 950 CMR 71.00: Protection of Properties Included in the State Register of Historic Places.

Massachusetts Water Quality Standards means 314 CMR 4.00: Massachusetts Surface Water Quality Standards and the ground water quality standards established at 314 CMR 5.11: Ground Water Standards.

MEPA means the Massachusetts Environmental Policy Act, M.G.L. c. 30, §§ 61 through 62H, and 301 CMR 11.00: MEPA Regulations.

Non-IPP-POTW means a POTW that does not have an industrial pretreatment program approved by US EPA under 40 CFR 403.

Pass Through means the discharge of pollutants through the POTW into waters of the Commonwealth in quantities or concentrations which cause or significantly contribute to a violation of any requirement or limit of the POTW's permit (including but not limited to an increase in the magnitude or duration of a violation).

Permit means an authorization issued pursuant to M.G.L. c. 21, § 43 and 314 CMR 2.00: Permit Procedures and 3.00: Surface Water Discharge Permit Program, 5.00: Ground Water Discharge Permit Program, 7.00: Sewer System Extension and Connection Permit Program, or 20.00: Reclaimed Water Permit Program and Standards.

Person means any agency or political subdivision of the Commonwealth, the federal government, any public or private corporation or authority, individual, partnership or association, or other entity, including any officer of a public or private agency or organization, upon whom a duty may be imposed by or pursuant to any provisions of M.G.L. c. 21, §§ 26 through 53.

Pollutant means any element or property of sewage, agricultural, industrial or commercial waste, runoff, leachate, heated effluent, or other matter, in whatever form and whether originating at a point or major non point source, which is or may be discharged, drained or otherwise introduced into any sewerage system, treatment works or waters of the Commonwealth.

Pollution means the presence in the environment of pollutants in quantities or characteristics which are or may be injurious to human, plant or animal life or to property or which unreasonably interfere with the enjoyment of life and property throughout such areas as may be affected thereby.

Pretreatment means the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to or in lieu of discharging or otherwise introducing such pollutants into a POTW.

Public Entity means any city, town, special district, the Massachusetts Water Resource Authority, the Department of Conservation and Recreation or other existing governmental unit eligible to receive a grant for the construction of treatment works from the United States Environmental Protection Agency pursuant to Title II of the Federal Act.

Publicly Owned Treatment Works or POTW means any device or system used in the treatment (including recycling and reclamation) of municipal sewage or industrial wastes of a liquid nature which is owned by a public entity. A POTW includes any sewers, pipes, or other conveyances which convey wastewater to a POTW providing treatment.

RCRA means the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976 ( P.L. 94 580, as amended by P.L. 95 609, 42 U.S.C. § 6901 et seq.).

RCRA Facility means, for the purpose of 314 CMR 7.00, a hazardous waste management facility regulated pursuant to RCRA and that discharges to any sewer or a POTW.

Sanitary Sewage or Sewage means the water carried human or animal wastes from residences, buildings, industrial establishments or other places.

Sewer Authority or Pretreatment Authority means any municipal authority or public entity that receives and may regulate the industrial indirect discharges to its POTW.

Sewer System means pipelines or conduits, pumping stations, force mains, and all other structures, devices, appurtenances, and facilities used for collecting and conveying wastes to a site or works for treatment or disposal.

Sewer Connection means the sewer pipes and appurtenant works necessary to connect a building or estate to a sewer system.

Sewer Extension means the addition to a sewer system of a sewer pipe, together with appurtenant works, which when connected to the sewer system becomes the property of, and is operated and maintained by, the person owning the sewer system.

State Act means the Massachusetts Clean Waters Act, as amended, M.G.L. c. 21, §§ 26 through 53.

TR-16 means the Guides for Design of Wastewater Treatment Works, prepared by the Technical Advisory Board of the New England Interstate Water Pollution Control Commission.

Treatment Works means any and all devices, processes and properties, real or personal, used in the collection, pumping, transmission, storage, treatment, disposal, recycling, reclamation or reuse of waterborne pollutants, but not including any works receiving a hazardous waste from off the site of the works for the purpose of treatment, storage or disposal, or industrial wastewater holding tanks regulated under 314 CMR 18.00: Industrial Wastewater Holding Tank and Container Construction, Operation, and Record Keeping Requirements.

Wastewater means sewage, industrial waste, other wastes or any combination of the three.

Waters of the Commonwealth means all waters within the jurisdiction of the Commonwealth, including, without limitation, rivers, streams, lakes, ponds, springs, impoundments, estuaries, wetlands, coastal waters, and ground waters.

Notes

314 CMR 7.02

Amended, Mass Register Issue 1259, eff. 4/25/2014.