Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 15.000 - The State Environmental Code, Title 5: 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 › Subpart A - GENERAL PROVISIONS AND ENFORCEMENT › Section 15.002 - Definitions

Current through Register 1525, July 5, 2024
For the purposes of
				  310 CMR 15.000, the
				  following terms shall have the following meanings, unless the context clearly
				  requires otherwise. Terms expressed in the singular shall be construed to
				  incorporate the plural, and vice versa, unless the context otherwise
				  requires.
1978 Code
- Title 5 of the State
				  Environmental Code,
				  310 CMR 15.000, as revised
				  and in effect as of 1978.
Acre
- a unit of land measure equal
				  to 40,000 square feet which is considered a building acre in accordance with
				  standard real estate practices.
Agency
- an agency, department,
				  board, commission or authority of the Commonwealth or of the federal government
				  and any authority of any political subdivision, which is specifically created
				  as an authority under special or general law. The term shall not include
				  housing authorities permitted pursuant to M.G.L. c. 40A.
Alternative Systems
- Systems
				  designed to provide or enhance on site sewage disposal which either do not
				  contain all of the components of an on site disposal system constructed in
				  accordance with
				  310 CMR 15.100
				  through
				  15.255 or
				  which contain components in addition to those specified in
				  310 CMR 15.100
				  through
				  15.255 and
				  which are proposed to the Local Approving Authority and/or the Department, or
				  an agent authorized by the Department, for remedial, pilot, provisional, or
				  general use approval pursuant to
				  310 CMR
				  15.280 through
				  15.289.
Approved Capacity
- The capacity of
				  a 1978 Code system reflected by the sewage flow as shown on the Disposal Works
				  Construction Permit Application or as shown on the Certificate of Compliance,
				  whichever is less for that system and not the calculated capacity based on 1978
				  Code loading rates which may account for over design or safety factors. For a
				  system designed in accordance with
				  310 CMR 15.000, the approved
				  calculated capacity is based on the loading rates found at
				  310 CMR
				  15.242.
Approving Authority
- A Local
				  Approving Authority as defined in 310 CMR 15.002; or the Department, with
				  regard to systems owned or operated by an agency of the Commonwealth or of the
				  federal government, systems serving a facility with a design flow of 10,000
				  gallons per day or greater, systems subject to a variance granted under
				  310 CMR
				  15.416, or on a case by case basis as
				  determined by the Department to be necessary to carry out the purposes of
				  310 CMR 15.000; or the
				  Department with regard to alternative systems proposed in compliance with
				  310 CMR
				  15.280 through
				  15.289.
ASTM
- The American Society of
				  Testing and Materials.
Authorized Agent
- A person or
				  entity authorized in writing by the Department to act on its behalf in the
				  implementation and oversight of responsibilities, as identified in
				  310 CMR 15.000.
Bank (Coastal)
- Any land or surface
				  area so defined by the Massachusetts Wetlands Protection Act, M.G.L. c. 131,
				  § 40 and
				  310 CMR
				  10.30(2). Generally, the
				  seaward face or side of any elevated landform, other than a coastal dune, which
				  lies at the landward edge of a coastal beach, land subject to tidal action, or
				  other wetland.
Bank (Inland)
- Any land or surface
				  area so defined by the Massachusetts Wetlands Protection Act, M.G.L. c. 131,
				  § 40 and
				  310 CMR
				  10.54(2). Generally, a
				  portion of the land surface which normally abuts and confines a water
				  body.
Barrier Beach
- Any land or surface
				  area so defined by the Massachusetts Wetlands Protection Act, M.G.L. c. 131,
				  § 40 and
				  310 CMR
				  10.29(2). Generally, a
				  narrow low-lying strip of land generally consisting of coastal beaches and
				  coastal dunes extending roughly parallel to the trend of the coast, separated
				  from the mainland by a narrow body of fresh, brackish, or saline water or a
				  marsh system.
Bedrock
- Solid rock exposed at the
				  surface or overlain by unconsolidated gravel, sand, silt and/or clay. Bedrock
				  includes weathered or saprolitic components thereof. Bedrock types are defined
				  and most of their areal extent are described in the "Bedrock Geologic Map of
				  Massachusetts" published by the Massachusetts Department of Public Works
				  (1983).
Bedroom
- A room providing privacy,
				  intended primarily for sleeping and consisting of all of the following:
(a) floor space of no less than 70 square
				feet;
(b) for new construction, a
				ceiling height of no less than seven feet three inches;
(c) for existing houses and for mobile homes,
				a ceiling height of no less than seven feet zero inches;
(d) an electrical service and ventilation;
				and
(e) at least one
				window.
Living rooms, dining rooms, kitchens, halls, bathrooms,
				  unfinished cellars and unheated storage areas over garages are not considered
				  bedrooms. Single family dwellings shall be presumed to have at least three
				  bedrooms. Where the total number of rooms for single family dwellings exceeds
				  eight, not including bathrooms, hallways, unfinished cellars and unheated
				  storage areas, the number of bedrooms presumed shall be calculated by dividing
				  the total number of rooms by two then rounding down to the next lowest whole
				  number. The applicant may design a system using design flows for a smaller
				  number of bedrooms than are presumed in this definition by granting to the
				  Approving Authority a deed restriction limiting the number of bedrooms to the
				  smaller number.
Best Available Nitrogen Reducing
				  Technology
-
(a) An
				alternative system(s) which has a Total Nitrogen effluent performance value of
				10 mg/L or less and is certified by the Department for general use pursuant to
				310
				CMR 15.288 when the Disposal System
				Construction Permit application is filed and has been approved for the type and
				design flow of the facility where it is to be used; or
(b) If no such alternative system(s) meeting
				10 mg/L or less has received general use approval at the time the Disposal
				System Construction Permit application is filed, then an alternative system(s)
				with the lowest Total Nitrogen effluent performance value certified by the
				Department for general use when the Disposal System Construction Permit
				application is filed and has been approved for the type and design flow of the
				facility where it is to be used; or
(c) An alternative system(s) granted
				provisional approval by the Department pursuant to
				310
				CMR 15.286 or an alternative system(s)
				approved by the Department for piloting pursuant to
				310
				CMR 15.285; provided that for an alternative
				system(s) granted provisional approval or an alternative system(s) approved for
				piloting such system(s) is approved for the type and design flow of the
				facility and has a Total Nitrogen performance value less than or equal to 10
				mg/L; or, if no system(s) with a Total Nitrogen performance value less than or
				equal to 10 mg/L has received general use approval, then a system(s) with a
				Total Nitrogen effluent performance value less than or equal to the lowest
				alternative system(s) certified by the Department for general use pursuant to
				310
				CMR 15.288 when the Disposal System
				Construction Permit application is filed.
Biological Mat
- A layer composed of
				  microorganisms and organic material located below a soil absorption system
				  which forms on the infiltrative surface of soil and which provides biological
				  treatment of septic tank effluent.
Blackwater
- Wastewater from
				  toilets, urinals, and any drains equipped with garbage grinders.
Bordering Vegetated Wetland
- Any
				  land or surface area so defined by the Massachusetts Wetlands Protection Act,
				  M.G.L. c. 131, § 40 and
				  310
				  CMR 10.55(2).
Building
- A structure enclosed
				  within exterior walls or firewalls, built, erected, or framed of any materials,
				  whether portable or fixed, having a roof, to form a structure for the shelter
				  of persons, animals or property.
Building Sewer
- A pipe which begins
				  outside the inner face of a building wall and extends to an on-site system or
				  municipal or private sewer.
Campground
- A facility regulated
				  pursuant to
				  105 CMR
				  430.00:
Minimum Standards for Recreational
				  Camps for Children (State Sanitary Code: Chapter IV)
or
				  105 CMR
				  440.00:
Minimum Standards for Developed Family
				  Type Campgrounds (State Sanitary Code: Chapter VI)
and any campground
				  operated by the Department of Conservation and Recreation in a State
				  Park.
Cellar Wall
- That portion of the
				  outside surface of the foundation wall enclosing a full basement which is above
				  the cellar floor and below the ground surface.
Certificate of Compliance or
				  Certificate
- A certificate issued by the Approving Authority to
				  the owner or operator of a system in accordance with
				  310
				  CMR 15.021 indicating that an on-site system
				  has been constructed or upgraded, and inspected, as necessary in compliance
				  with 310 CMR
				  15.000.
Certified System
- An alternative
				  system which has been approved by the Department for specified uses or site
				  conditions pursuant to
				  310
				  CMR 15.288. Systems which have been certified
				  may be approved for use by approving authorities without further Departmental
				  review but subject to any limitations on their use imposed by the Department
				  pursuant to
				  310 CMR
				  15.000.
Certified Vernal Pool
- A surface
				  water body that has been certified by the Massachusetts Division of Fisheries
				  and Wildlife as a vernal pool in accordance with the "Vernal Pool Certification
				  Guidelines" pursuant to the Massachusetts Natural Heritage and Endangered
				  Species Program administered by the Massachusetts Department of Fish and Game
				  at the time a permit application is submitted to the Approving
				  Authority.
Cesspool
- A pit with open-jointed
				  linings or holes in the bottom and/or sidewalls into which raw sewage is
				  discharged, the liquid portion of the sewage being disposed of by seeping or
				  leaching into the surrounding soils, and the solids or sludge being retained in
				  the pit. Cesspools are nonconforming systems.
Cluster Development
- A cluster
				  development as allowed by local zoning ordinances or by-laws in accordance with
				  M.G.L. c. 40 A § 9. Where no local cluster development zoning ordinances
				  or by-laws have been enacted in accordance with M.G.L. c. 40 A, § 9, a
				  cluster development means a residential development design that preserves a
				  minimum of 50% open space which may include wetlands. For these latter
				  developments, the percentage of open space that can be wetland shall not exceed
				  the percentage of wetland for the entire site under existing conditions as
				  shown on a plan, but in no case may the wetland portion of the required open
				  space exceed 50% of the open space. The open space shall be subject to a deed
				  restriction that provides for a common area and limits its use to passive
				  recreation.
Coastal Beach
- Shall mean any land
				  or surface area so defined by the Massachusetts Wetlands Protection Act, M.G.L.
				  c. 131, § 40 and
				  310
				  CMR 10.27(2):
Definitions
. Generally, unconsolidated sediment subject to
				  wave, tidal and coastal storm action which forms the gently sloping shore of a
				  body of salt water and includes tidal flats.
Commercial Sewage Waste
- Non-toxic,
				  non-hazardous wastewater from commercial facilities, including but not limited
				  to institutional and commercial food operations, and animal holding
				  facilities.
Cover Material
- The soils placed on
				  top of a soil absorption system to bring the area to finish grade.
Crown
- The top of the internal
				  cross section of a pipe or fitting.
Deep Observation Hole
- An open pit
				  dug to permit examination of the soils and to obtain data relative to the mean
				  annual high groundwater elevation.
Department
- The Massachusetts
				  Department of Environmental Protection.
Design Flow
- The quantity of
				  sanitary sewage, expressed in gallons per day (gpd), for which a system must be
				  designed in accordance with
				  310
				  CMR 15.203.
Designer
- A registered sanitarian
				  or a professional engineer registered in the Commonwealth of Massachusetts who
				  has either designed the system and/or has witnessed all phases of the system
				  installation for the purpose of making the certification required of the
				  Designer under
				  310
				  CMR 15.021(3).
Disposal Area
- The subsurface
				  environment in which a soil absorption system or reserve area is
				  located.
Disposal System
-
see
On-site System.
Disposal System Construction Permit or
				  Permit
- Written approval issued by the Approving Authority in
				  accordance with
				  310
				  CMR 15.020 authorizing the construction,
				  upgrade or expansion of an on-site system.
Disposal System Installer
- A
				  person, licensed in accordance with
				  310
				  CMR 15.019, who constructs, repairs, or
				  replaces an on-site subsurface sewage disposal system.
Disposal System Installer Permit
- A
				  permit issued in accordance with
				  310
				  CMR 15.019.
Distribution Box
- A level,
				  watertight structure which receives septic tank effluent and distributes it in
				  substantially equal portions to distribution lines in a soil absorption
				  system.
Distribution Line
- A pipe which
				  provides dispersion of septic tank effluent within a soil absorption
				  system.
Dosing
- the pumping of septic tank
				  effluent at a prescribed rate to a distribution box for gravity distribution to
				  a soil absorption system.
Dosing Chamber
- A watertight
				  structure placed between a septic tank and either a distribution box or soil
				  absorption system which is equipped with a pump designed to discharge septic
				  tank effluent at a predetermined rate to a soil absorption system.
Dry Well
- A pit with open-jointed
				  lining or holes through which storm-water drainage from roofs, basement floors,
				  foundations or other areas seeps into the surrounding soil.
Dune
- A coastal dune, as defined in
				  M.G.L. c. 131, § 40 and
				  310
				  CMR 10.28(2):
Definition
.
Dwelling
- A building which is used,
				  intended, or designed for human habitation, including but not limited, to
				  houses, hotels, motels, apartments, mobile and modular homes and condominiums
				  and cooperatives.
Effective Capacity
- The volume of a
				  tank below the design discharge point, liquid level line.
Effluent
- Sanitary sewage
				  discharged into the environment, whether or not treated.
Emergency Repair
- The repair of a
				  system which is necessary to prevent sewage backup into a building, surface
				  breakout of sewage, or to alleviate an imminent danger to public health, safety
				  or the environment in accordance with
				  310
				  CMR 15.353.
Environmental Justice (EJ)
				  Population
-
(a) A
				Neighborhood that meets one or more of the following criteria:
1. the annual median household income is not
				more than 65% of the statewide annual median household income;
2. minorities comprise 40% or more of the
				population;
3. 25% or more of
				households lack English language proficiency;
4. minorities comprise 25% or more of the
				population and the annual median household income of the municipality in which
				the neighborhood is located does not exceed 150% of the statewide annual median
				household income; or