360 CMR 10.004 - Definitions

Unless the context specifically indicates otherwise, the meaning of the terms used in 360 CMR 10.000 shall be as follows:

Act shall mean St.1984, c. 372 and St. 1987, c. 307.

Aliquot shall mean a definite part of a whole, such as an aliquot quantity of a sample for analysis.

Authority shall mean the Massachusetts Water Resources Authority.

Authority Fiscal Year shall mean the 12-month period from July 1^st through the next June 30^th. The number of the fiscal year is the number of the calendar year in which the fiscal year ends. For example, Authority Fiscal Year 2003 runs from July 1, 2002, through June 30, 2003.

Authority Sewerage District shall mean the Clinton Sewerage Service Area and the Metropolitan Sewerage Service Area.

Authority Sewerage System shall mean the sewerage works under the control of the Authority. This includes the sewers, pump stations, treatment plants, and all other works under the control of the Authority used in collection, storage, transport, treatment, and discharge of waters and wastes and in the operation of the residuals program.

Batch Discharge shall mean a discrete or discontinuous short-term discharge to the sewer, often characterized by a discharge of all or most of the contents of a vessel. Batch Discharge is not a part of a series of episodic discharges taking place with little time between each episode.

Best Management Practices or BMPs shall mean schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the requirements of 360 CMR 10.000 and the prohibitions listed in 40 CFR 403.5(a)(1) and (b). BMPs include, but are not limited to, treatment requirements, operating procedures, and practices to control discharges or potential discharges of materials to the Sewer System.

Blowdown shall mean the minimum discharge of recirculating water for the purpose of discharging materials contained in the water, the further buildup of which would cause concentration in amounts exceeding limits established by best engineering practice.

Bypass shall mean an intentional or negligent diversion of a wastestream, by direct or indirect means, to the Authority Sewerage System, from any portion of a Pretreatment facility prior to completing pretreatment, or from any industrial process or other source of Wastewater prior to pretreatment.

Centralized Waste Treatment Facility shall have the meaning contained in 40 CFR 437.2(c).

Clinton Sewerage Service Area shall mean the area consisting of the following political subdivisions: Clinton, Lancaster, Sterling, Bolton and Berlin.

Combined Permit shall mean the Permit described in 360 CMR 10.064. It is substantially equivalent to a combination of the General Permit for Low Flow and Low Pollutant Dischargers, 360 CMR 10.062, and the Group Permit for Photo Processing and Printing Operations, 360 CMR 10.061, the Group Permit for Food Processing, 360 CMR 10.063, or the Group Permit for Dental Discharges, 360 CMR 10.065.

Combined Sewer shall mean a Sewer designed to receive both Wastewater and storm or surface water.

Combined Waste stream Formula shall mean the formula defined in the U.S. Environmental Protection Agency General Pretreatment Regulations for Existing and New Sources of Pollution in 40 CFR 403.6(e).

Composite Sample shall mean a combination of a series of aliquots taken on either a time or flow proportional basis over a period of time.

Construction Site Dewatering shall mean groundwater, storm water, surface water, surface runoff, tidewater, or subsurface drainage which accumulates in a construction site.

Contact Cooling Water shall mean water used in a process for cooling purposes that has come in direct contact with a raw material, intermediate product, waste product, or finished product.

Cooling Water shall mean the water discharged from any system of condensation, air conditioning, cooling, refrigeration, or other system of heat transfer.

Daily Maximum Limit shall mean the highest allowable concentration for any Pollutant in a waste stream. The Daily Maximum Limit shall be determined as set forth in 360 CMR 10.024(3).

Dental Discharges shall mean discharges from a Facility where the practice of dentistry is performed including, but not limited to, institutions, permanent or temporary offices, clinics, home offices, and facilities owned and operated by Federal, state, or local governments, that discharges to a Sanitary Sewer, or to a septic system or holding tank whose contents are hauled for Discharge to a Sanitary Sewer in the Authority Sewerage District.

DEP shall mean the Massachusetts Department of Environmental Protection.

Direct Connection Permit shall mean the permit required or issued by the Authority for connection of a building sewer directly into the Authority sewer lines.

Discharge shall mean the introduction or release into any Sewerage System, sewer or sewer infrastructure of wastewater, water of any kind, or waste of any kind, by any means.

EPA shall mean the United States Environmental Protection Agency.

Facility shall mean something containing one or more operations that generate industrial waste.

Food Processing shall mean preparing food for wholesale commercial distribution and sale including, without being limited to: operations which involve washing, cooking, baking, or curing food or food products including, but not limited to: beverage making and bottling; candy making; cereal making; condiment making; dairy product processing; fish cutting, processing and cooking; frozen food making; jams, jellies and fruit filling making; meat processing and packing; nut and nut product processing; pasta making; prepared food making; and vegetable and other produce washing and processing. Food processing does not include: preparing meals or snacks for immediate consumption on the premises, or for take-out; transport and distribution operations which consist solely of packaging for transport and distribution without generating wastewater from the packaging process; and warehousing or other storage solely for transport, distribution, or sale.

Garage shall mean any structure or property where one or more motor vehicles are kept, stored, or serviced, including a public or private garage, carport, motor vehicle repair shop, paint shop, service station, lubritorium, car wash, gasoline station with grease pits or wash racks or areas, or any building used for similar purposes.

General Permit shall mean a permit in 360 CMR 10.062. It contains requirements for eligibility and coverage and standard conditions that must be met.

Grab Sample shall mean an individual aliquot collected over a period of time not exceeding 15 minutes.

Group Permit shall mean a Permit described in 360 CMR 10.061, 10.063 and 10.065. It is applicable to a specific type or types of industrial processes or discharges. It shall have standard terms and conditions for all Persons to whom it is issued.

Hazardous Waste shall mean a waste, or combination of wastes, that at the time of discharge:

(a) Has been identified as a hazardous waste by EPA pursuant to the Resource Conservation and Recovery Act, 42 USC 6901, et seq., and is listed in 40 CFR Part 261 ;

(b) Has any of the hazardous waste characteristics identified by EPA in 40 CFR Part 261;

(c) Has been identified by DEP as a hazardous waste pursuant to M.G.L. c. 21C and is listed in 310 CMR 30.000: Hazardous Waste;

(d) Has any of the hazardous waste characteristics identified by DEP in 310 CMR 30.000: Hazardous Waste; or

(e) Has been identified as a Hazardous Waste Pharmaceutical pursuant to 40 CFR 266.500, et seq.

For the purposes of 360 CMR 10.000, a waste that would be a hazardous waste pursuant to 360 CMR 10.004: Hazardous Waste (a) through (e), but for the fact that it is discharged to the sanitary sewerage system, shall be, a hazardous waste, unless it is in wastewater which is discharged to the sewer system pursuant to a permit issued under 360 CMR 10.000 and in compliance with Authority discharge limits, except as prohibited by 40 CFR 266.505 and Clean Water Act requirements at 40 CFR 403.5(b).

Improperly Shredded Garbage shall mean Wastes from the domestic and commercial preparation, cooking, and dispensing of food, and from the handling, storage and sale of produce, excluding rubbish and trash, which has particles greater than ½ inch or 1.27 centimeters in any dimension so as to prevent the particles from being carried freely under normal flow conditions in Municipal Sewers.

Indirect Discharge shall mean a Discharge of Wastes or Wastewater to a municipal Sewerage System that is connected to MWRA's system.

Industrial User means a source of discharge of Industrial Waste to a Sewerage System.

Industrial Waste or Industrial Wastewater shall mean any solid, liquid, or gaseous Wastes or Wastewater, resulting from an industrial or manufacturing process, or from a commercial, governmental, or institutional activity, or from the development, recovery, or processing of natural resources.

Infiltration shall mean the water entering a Sewerage System from the ground or a water body, including through such means as, defective building drains and sewers, pipes, pipe joints, connections, or manhole walls.

Inflow shall mean the discharge into a Sewerage System, including service connections, from such sources as, but not limited to, roof leaders, cellars, yards, and area drains, foundation drains, sump pumps, Cooling Water discharges, drains from springs and swampy areas, manhole covers, cross connections from Storm Sewers and Combined Sewers, catch basins, storm water, surface runoff, or street wash water.

Interference shall mean a discharge which, alone or in conjunction with discharges from other sources, both:

(1) inhibits or disrupts the Authority Sewerage System, or any Municipal Sewerage System that is a tributary to the Authority Sewerage System, their treatment processes or operations, or the Authority's Sludge processes, use, or disposal; and

(2) causes a violation of any requirement of the Authority's NPDES permit (including an increase in the magnitude or duration of a violation) or prevents the Authority from using or disposing of its Sludge in compliance with applicable federal, state, or local laws or any permit.

Landfill shall mean a facility or place established for the deposit of wastes on land.

Landfill Leachate shall mean a liquid that has passed through or emerged from wastes deposited at a Landfill, including liquid resulting from the percolation of runoff, subsurface drainage, groundwater, and storm water through the landfill.

Landfill Permit shall mean the permit required or issued by the Authority for discharge from a Landfill.

Metropolitan Sewerage Service Area shall mean the area consisting of the following political subdivisions: Arlington, Ashland, Bedford, Belmont, Boston, Braintree, Brookline, Burlington, Cambridge, Canton, Chelsea, Dedham, Everett, Framingham, the north sewer district of Hingham, Holbrook, Lexington, Malden, Medford, Melrose, Milton, Natick, Needham, Newton, Norwood, Quincy, Randolph, Reading, Revere, Somerville, Stoneham, Stoughton, Wakefield, Walpole, Waltham, Watertown, Wellesley, Westwood, Weymouth, Wilmington, Winchester, Winthrop and Woburn.

mg/l shall mean milligrams per liter.

Municipal Permit shall mean the permit required or issued by the Authority to a Municipality which is served by the Authority Sewerage System.

Municipal Sewer shall mean a Sewer controlled by a Municipality, public body, or authority.

Municipality shall mean any city, town, Sewer District, public body, or similar entity, that operates a public water or sewer system, or both, on behalf of the communities identified in the definitions of Clinton Sewerage Service Area and Metropolitan Sewerage Service Area, that discharges Wastewater and/or Septage into the Authority Sewerage System, including any city, town, District, or public body within the Authority Sewerage District or served by the Authority under a contract or other agreement.

National Categorical Pretreatment Standard shall mean the requirements under 40 CFR 403.6 and 40 CFR chapter I, subchapter N, specifying quantities or concentrations of pollutants or pollutant properties which may be discharged to a Publicly Owned Treatment Works by new or existing industrial sewer users in specific industrial categories which are established as separate regulations under the appropriate subpart of 40 CFR chapter I, subchapter N.

National Pretreatment Standard or Pretreatment Standard shall mean the general prohibitions and specific prohibitions of 40 CFR 403.5(a) and (b), and the National Categorical Pretreatment Standards.

NELAP shall mean EPA's National Environmental Laboratory Accreditation Program.

New Source shall mean any building, structure, facility or installation from which there is or may be a discharge to a sewer, the construction of which commenced after the publication of proposed National Pretreatment Standards which will be applicable to such source if such Standards are thereafter promulgated, provided that the source meets the criteria for a New Source in 40 CFR 403.3(m). Construction on a site at which an existing source is located that results in a modification rather than a New Source if the construction does not create a new building, structure, facility or installation meeting the criteria of 40 CFR 403.3(m), but otherwise alters, replaces, or adds to existing process or production equipment.

Non-contact Cooling Water shall mean water used for cooling that does not come into direct contact with any raw material, intermediate product, waste product, or finished product.

Non-contact Industrial Process Water shall mean water used in an industrial or manufacturing process, or in the development, recovery, or processing of natural resources, that does not come into direct contact with any raw material, intermediate product, waste product, or finished product.

Organics shall mean those chemical compounds based on a carbon structure and also containing hydrogen with or without oxygen, nitrogen, or other elements.

Pass Through shall mean a discharge of Pollutants through an Authority Sewage Treatment Facility into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any federal or state law or of any permit issued to the Authority, including an increase in the magnitude or duration of a violation.

Person shall mean any agency or political subdivision of the Commonwealth or of the federal government, any state, public or private corporation or authority, individual, trust, firm, joint stock company, partnership, association, or other entity, or any group thereof, and any officer, employee, or agent of such person, and any group of persons.

Pesticides shall mean:

(a) All substances listed in 360 CMR 10.000: Appendix D; and

(b) Any other substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest including, but not limited to:

1. All substances or mixtures registered as pesticides pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. 136, et seq., and EPA regulations thereunder, 40 CFR Part 152 , and all products denied registration for use as pesticides pursuant to those provisions;

2. All substances or mixtures registered as pesticides pursuant to the Massachusetts Pesticide Control Act, M.G.L. c. 132B, and 333 CMR 8.00: Registration of Pesticide Products; and

3. All products and by-products of pesticide production prohibited from discharge to Publicly Owned Treatment Works by federal or state law.

(c) For purposes of 360 CMR 10.004: Pesticides (b), Pesticides shall not include:

1. Any product or substance excluded by EPA from regulation pursuant to 40 CFR Part 152, including but not limited to:

a. products or substances that are excluded from the definition of pesticide in 40 CFR 152.3;

b. products that are not pesticides because they are not used against pests;

c. products that are not pesticides because they are not deemed to be used for a pesticidal effect;

d. products of a character not requiring regulation under the FIFRA and exempt from regulation as pesticides pursuant to 40 CFR 125.25; and

2. Any product or substance excluded by EPA from regulation pursuant to 40 CFR Part 455 including, but not limited to:

a. products whose only pesticidal active ingredient is a common food/food constituent or non-toxic household item or a substance that is generally recognized as safe;

b. pool chemicals as defined in 40 CFR 455.10(q); and

c. products whose labeled directions for use result in the product being discharged to the sanitary sewer, that is, products that are sanitizers within the meaning of 40 CFR 455.10(t), including sanitizer solutions as defined by the United States Food and Drug Administration in 21 CFR 178.1010.

(d) For purposes of 360 CMR 10.004: Pesticides (b), "pest" means:

1. Any insect, rodent, nematode, fungus, weed; and

2. Any other form of terrestrial or aquatic plant or animal life or virus, bacteria, or other micro-organism that the Authority determines to have been or intended to be treated as undesirable or detrimental.

pH shall mean the logarithm of the reciprocal of the hydrogen ion concentration, expressed in moles per liter. Neutral water, for example, has a pH value of 7 and a hydrogen ion concentration of 10^-7.

Photo Processing shall mean processing color and black and white prints and slides, including X-rays and microfilm.

Pollutant shall mean any element, constituent, or property of Wastewater, or of agricultural, industrial, manufacturing, or commercial process Waste, or leachate, or any other substance which causes the alteration of the chemical, physical, biological, or radiological integrity of water through its introduction therein.

Pretreatment shall mean the reduction of the amount of Pollutants, the elimination of Pollutants, or the alteration of the nature of Pollutant properties in Wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing the Pollutant into a Sewerage System. This shall include reduction or alteration by physical, chemical or biological processes, process changes, or other means, except as prohibited by 40 CFR Part 403 .

Printing shall mean lithography using presensitized plates.

Public Record shall mean a "public record" as defined by M.G.L. c. 4, § 7(26).

Publicly Owned Treatment Works or POTW shall mean a treatment works as defined in 40 CFR 403.3(q).

Receiving Waters shall mean any watercourse, river, pond, wetland, ditch, lake, aquifer, ocean, or other body of surface or groundwater receiving discharge of Wastewater or effluent.

Reclaimed Water Systems shall have the meaning contained in 314 CMR 20.02: Definitions.

Record shall mean a book, paper, map, photograph, recorded tape, financial statement, statistical tabulation, or any other documentary material or data, regardless of physical form or characteristics.

Sanitary Sewage shall mean liquid and water-carried human and domestic Wastes. Groundwater, storm water and surface water, roof and surface runoff, uncontaminated Cooling Water, Non-contact Industrial Process Water, and Industrial Waste are not Sanitary Sewage.

Sanitary Sewer shall mean a Sewer that carries Sanitary Sewage and/or Industrial Wastes.

Separator shall mean a device designed and installed to separate deleterious or undesirable matter from normal Wastes and to retain such deleterious or undesirable matter while permitting normal Sewage or liquid wastes to discharge into the drainage system by gravity.

Septage shall mean liquid and Solid Wastes of primarily Sanitary Sewage origin removed from a cesspool, septic tank, or similar receptacle.

Septage Discharge Permit shall mean the permit required or issued by the Authority for discharge of septage by commercial septage haulers.

Sewage shall mean the spent water of a community, which may be a combination of liquid and water-carried Wastes from residences, commercial buildings, industrial facilities, and institutions, together with any groundwater, surface water, and/or storm water that may be present.

Sewer shall mean a pipe or conduit that carries Wastewater, including a Storm Drain.

Sewer Use Discharge Permit shall mean the permit required or issued jointly by the Authority and a Municipality for the discharge of industrial waste.

Sewerage System or Sewer System shall mean any device, equipment or works used in the transportation, pumping, storage, treatment, recycling, and reclamation of Wastewater and Industrial Wastes.

Shall is mandatory; may is permissive.

Significant Industrial User shall mean:

(a) All Industrial Users subject to Categorical Pretreatment Standards under 40 CFR 403.6 and 40 CFR chapter I, subchapter N; and

(b) Any other Industrial User that: discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary, non-contact cooling and boiler blowdown wastewater); contributes a process wastestream which makes up 5% or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant or is designated as such by the Authority on the basis that the Industrial User has a reasonable potential for adversely affecting the Authority's operations or for violating any Pretreatment Standard or requirement (in accordance with 40 CFR 403.8(f)(6)) .

Significant Noncompliance shall have the meaning contained in 40 CFR 403.8(f)(2) (viii).

Sludge shall mean the solid, semi-solid, and liquid residue removed from water, Sanitary Sewage, Wastewater, or Industrial Wastes by a treatment process, including removal by a wastewater treatment process or drinking water treatment process.

Slug or Slug Discharge shall mean:

(a) that portion of a discharge:

1. containing a Pollutant that 360 CMR 10.000 prohibits being discharged; or

2. containing a concentration of a pollutant at least five times above the concentration limit for that Pollutant in 360 CMR 10.022 through 10.024; or

(b) a discharge from a large vat, vessel, or container into the Sewerage System in a manner that:

1. harms or threatens to harm the Sewerage System, workers, or Receiving Waters; or 2. contains a Pollutant in excess of the requirements in 360 CMR 10.000; or

3. causes a violation of any federal or state permit issued to the Authority; or

4. constitutes a discharge of a Pollutant without an appropriate permit.

Solid Waste shall mean any unwanted or discarded solid material, consisting of putrescible or nonputrescible solid waste material, including garbage and rubbish.

Standard Silver Recovery System shall mean:

(a) an electrolytic unit or units in series with a metallic replacement cartridge or cartridges; or

(b) a fully enclosed, self-contained, and fully automated chemically assisted precipitation system that may be in series with an electrolytic unit or units or metallic replacement cartridge or cartridges. It shall not mean a system that requires a graded or certified operator by 257 CMR 2.00: Certification of Operators of Wastewater Treatment Facilities.

Storm Drain or Storm Sewer shall mean a pipe or conduit for conveying ground, storm, or surface waters, roof and surface runoff, uncontaminated Cooling Water, and non-contact industrial process waters.

Temporary Construction Site Dewatering Permit shall mean the permit required or issued by the Authority and a Municipality for the temporary discharge of Construction Site Dewatering drainage.

Total Toxic Organics or TTO shall mean the sum of the concentrations of all Toxic Organics not otherwise prohibited or limited by 360 CMR 10.000.

Toxic Organics shall mean:

(a) in the Metropolitan Sewerage Service Area, all substances listed in 360 CMR 10.000: Appendix A; and

(b) in the Clinton Sewerage Service Area, all substances listed in 360 CMR 10.000: Appendix B.

Trade Secret shall mean anything which constitutes, represents, evidences, or records a secret scientific, technical, merchandising, production, manufacturing, or management information, design, process, procedure, formula, invention, method, or improvement including, without limitation, trade secrets within the meaning of M.G.L. c. 266, § 30(4).

Treatment System or Pretreatment System shall mean any and all devices, equipment, or works used in the pumping, storing, treating, recycling, and reclaiming of sewage and/or Industrial Waste.

Upset shall mean an exceptional incident in which there is unintentional and temporary noncompliance with the discharge standards of 360 CMR 10.000, or any permit thereunder, due to factors beyond the reasonable control of the Person responsible for the discharge. An Upset does not include noncompliance to the extent caused by operational error, an improperly designed treatment facility, an inadequate treatment facility, lack of preventive maintenance, or careless or improper operation.

User shall mean a source of Discharge to a Sewerage System.

Waste shall mean sewage and all garbage, refuse, sludge, and discarded material, whether in liquid, solid, or gaseous form.

Wastewater shall mean Sewage or other liquid Waste, and the constituents of Sewage, including Septage, Landfill Leachate, waters from construction site dewatering, and Industrial Waste.

Wastewater Residuals shall mean scum, Sludge, Sludge Products, grit, screenings, and residual ash from incineration of Sludge, originating from the Authority's Sewage Treatment Facility or Facilities.

Notes

360 CMR 10.004

Amended by Mass Register Issue 1399, eff. 9/6/2019.