Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 16.00 - Notification Requirements to Promote Public Awareness of Sewage Pollution › Section 16.02 - Definition

Current through Register 1525, July 5, 2024
The following words shall have the following meaning in 314 CMR
				16.00, unless the context clearly indicates otherwise:
Blended Wastewater
. Wastewater
				conveyed to a Publicly Owned Treatment Works (POTW) receiving flows from
				combined sewer systems which is, in part, intentionally diverted around
				secondary treatment units during wet weather conditions, and then recombined
				with flows from the secondary treatment units, as a measure to minimize and
				mitigate water quality impacts of discharges of combined sewer overflows, and
				to prevent adverse impacts to the secondary treatment facilities. For the
				purposes of 314 CMR 16.00, blended wastewater is considered to be a type of
				partially treated wastewater.
Combined Public Advisory Notification
.
				The issuance of a single communication to inform the public that more than one
				of a permittee's outfalls are discharging to the same water body or
				waterway.
Combined Sewer Overflow or CSO
. Any
				discharge of untreated or partially treated wastewater to a surface water of
				the Commonwealth, from an outfall that is connected to a combined sewer
				system.
Combined Sewer System
. A sewer system
				designed to collect and convey storm water runoff and wastewater in shared
				piping.
Commissioner
. The Commissioner of the
				Department of Environmental Protection or his or her designee.
Department
. The Department of
				Environmental Protection.
Discharge or Discharging
. A release or
				diversion of sewage, industrial waste or other effluent, which is untreated or
				partially treated, including from a combined sewer system overflow, that is
				emitted from an outfall directly or indirectly into surface waters of the
				Commonwealth.
Discovery
. The time when a permittee
				obtains actual knowledge, or when a person acting in a reasonably prudent
				manner would have obtained such knowledge, based on the facts and circumstances
				surrounding a particular event. In determining whether a person has acted in a
				reasonably prudent manner, any specialized knowledge or training possessed by
				that person and the circumstances surrounding the fact or facts in question
				shall be taken into account.
Diversion
. The intentional redirection
				of wastewater flows to a surface water of the Commonwealth, including through
				means other than an outfall.
Environmental Justice Population
. A
				neighborhood that meets one or more of the following criteria:
(a) the annual median household income is not
			 more than 65% of the statewide annual median household income;
(b) minorities comprise 40% or more of the
			 population;
(c) 25% or more of
			 households lack English language proficiency;
(d) minorities comprise 25% household income
			 of the municipality in which the neighborhood is located does not exceed 150%
			 household income; or
(e) a
			 neighborhood designated by the Secretary of the Executive Office of Energy and
			 Environmental Affairs (EOEEA) as an environmental justice population in
			 accordance with the EOEEA 2017 Environmental Justice Policy (2021 Update).
			 Neighborhoods are identified in the MassGIS Environmental Justice Viewer.
EPA
. The United States Environmental
				Protection Agency.
Model
. A mathematical tool used to
				simulate various outcomes for the purpose of planning, analysis, and design of
				a system.
NPDES
. The National Pollutant
				Discharge Elimination System permit program established by
				33 U.S.C. §
										1342, which regulates point source discharges
				of pollutants to surface waters of the United States.
Outfall
. An outlet designed for the
				purpose of allowing a discharge that is part of, or connected to, a combined
				sewer system, sanitary sewer system, or treatment works, including a connection
				to any such system or facility intended to allow wastewater to divert or bypass
				treatment by a wastewater treatment facility.
Partially Treated
. A discharge
				through an outfall from a treatment works where all or a portion of the flow is
				not conveyed through all treatment units, or where treatment units are bypassed
				due to a treatment unit failure. Discharges by permittees that utilize seasonal
				treatment, such as seasonal disinfection, are not considered partially treated
				provided the permittee is operating its treatment in compliance with its NPDES
				and surface water discharge permits. Where a treatment works is designed,
				constructed, and operated only to treat flows from a combined sewer system
				prior to discharge through a permitted combined sewer overflow, such discharges
				shall in all cases be deemed as partially treated. For the purposes of 314 CMR
				16.00, blended wastewater is considered to be a type of partially treated
				wastewater.
Permittee
. A person granted a permit
				under M.G.L. c. 21, § 43, and
				314 CMR 3.00:
Surface
				Water Discharge Permit Program
, or the NPDES permit program, to
				operate and maintain a particular outlet for the discharge of pollutants into
				surface waters of the Commonwealth; a person operating a sewer system; or a
				person discharging pollutants from an outlet without a required permit or in
				violation of the conditions of a valid permit.
Pollutant
. 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 surface waters of the
				Commonwealth.
Public Advisory Notification or
				Notification
. The communication a permittee must provide to inform
				the public of certain discharges or overflows of untreated or partially treated
				wastewater.
Publicly Owned Treatment Works or POTW
. 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 only if they convey wastewater to a POTW providing
				treatment.
Reverse 911 Emergency Call System
. A
				public safety communications technology used by municipalities to deliver
				emergency notifications to its residents through recorded messages, text
				messages, or email.
Sanitary Sewer Overflow or SSO
. Any
				overflow, spill, release, discharge or diversion of untreated or partially
				treated wastewater from a sanitary sewer system. The discharge or overflow of
				sewage into a building is not considered an SSO under 314 CMR 16.00.
Sewer System
. Pipelines or conduits,
				pumping stations, force mains, and all other structures, devices,
				appurtenances, and facilities used for collecting and conveying wastewater to a
				wastewater treatment facility.
Surface Water Discharge Permit
. A
				permit issued by the Department, pursuant to M.G.L. c. 21 § 43, and
				314 CMR 3.00:
Surface
				Water Discharge Permit Program
, that regulates discharges of
				pollutants to surface waters of the Commonwealth.
Treatment Works
. 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.
Wastewater
. Sewage, industrial waste,
				other wastes, or any combination of the three.
Wastewater Treatment Facility
. Any
				device, process or property, real or personal, used in the collection, pumping,
				transmission, storage, treatment, and disposal of waterborne pollutants.