Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.010 - Definitions

Current through Register 1525, July 5, 2024
As used throughout 310 CMR 30.000, the following terms shall
				  have the following meanings, unless the context clearly indicates
				  otherwise.
Aboveground Tank
means a device
				  meeting the definition of a tank that is situated in such a way that the entire
				  surface area of the tank is completely above the plane of the adjacent
				  surrounding surface and the entire surface area of the tank (including the tank
				  bottom) is able to be visually inspected. Where a double-walled tank is used,
				  the entire surface area of the outer wall must be completely above the
				  surrounding surface and be able to be visually inspected.
Accidental Occurrence
means an
				  accident including, but not limited to, continuous or repeated exposure to
				  conditions, which results in bodily injury or property damage neither expected
				  nor intended by the insured. Every accidental occurrence shall be deemed either
				  sudden or nonsudden.
Accumulation
means the short term
				  containment of hazardous waste on the premises of the person who generated such
				  waste in a manner which does not constitute disposal, provided that if such
				  containment is not as provided for in
				  310
				  CMR 30.340 or
				  30.351, such containment is
storage
and not
Accumulation
of hazardous waste.
Active Life of a Facility
means the
				  period from the initial receipt of hazardous waste at the facility until the
				  Department receives certification of final closure.
Active Portion
means that portion of
				  a facility where treatment, storage, or disposal operations are being or have
				  been conducted after November 19, 1980 and which is not a closed or inactive
				  portion. (
See
also
closed portion
and
inactive portion
.)
Actual Public Underground Drinking Water
				  Source
means a groundwater source of drinking water used by a
				  Public Water System as defined in
				  310
				  CMR 22.02:
Definitions
.
Acutely Hazardous Regulated Recyclable
				  Material
means a recyclable material that, if discarded, would be
				  a waste listed in
				  310
				  CMR 30.136 or a waste with EPA Hazardous
				  Waste No. F020, F021, F022, F023, F026, or F027 listed in
				  310
				  CMR 30.131.
Acutely Hazardous Waste
means a
				  waste listed in
				  310
				  CMR 30.136 or a waste with EPA Hazardous
				  Waste No. F020, F021, F022, F023, F026, or F027 listed in
				  310
				  CMR 30.131.
Administrator
means the
				  Administrator of the U.S. Environmental Protection Agency or his
				  designee.
Aerosol Can
means a non-refillable
				  receptacle containing a gas compressed, liquefied, or dissolved under pressure,
				  the sole purpose of which is to expel a liquid, paste, or powder and fitted
				  with a self-closing release device allowing the contents to be ejected by the
				  gas.
Airbag Waste
means any hazardous
				  waste airbag modules or hazardous waste airbag inflators.
Airbag Waste Collection Facility
means any facility that receives airbag waste from airbag handlers subject to
				  regulation under
				  310
				  CMR 30.104(3)(k)  and
				  accumulates the waste for more than ten days.
Airbag Waste Handler
means any
				  person, by site, who generates airbag waste that is subject to regulation under
				  this chapter.
Amalgam
means an alloy containing
				  mercury and other metals used to restore the dentition.
Amalgam Waste
means any waste
				  containing mercury amalgam or otherwise associated with preparation or use of
				  amalgam, including but not limited to amalgam collected by chair-side traps,
				  screens, filters, vacuum system filters, amalgam separators or other devices;
				  waste elemental mercury; and waste amalgam capsules.
Ampoule
means an airtight vial made
				  of glass, plastic, metal, or any combination of these materials.
Ancillary Equipment
means any device
				  including, but not limited to, such devices as piping, fittings, flanges,
				  valves, and pumps, that is used to distribute, meter, or control the flow of
				  hazardous waste from its point of generation to a storage or treatment tank(s),
				  between hazardous waste storage and treatment tanks to a point of disposal
				  onsite, or to a point of shipment for disposal off-site.
Annual Rate Limiting Constituent
means the compound, element, or waste fraction in a hazardous waste which sets
				  the maximum amount of hazardous waste which can be loaded onto soil per
				  year.
Aquifer
means a geologic formation,
				  group of formations, or part of a formation capable of yielding a significant
				  amount of ground water to wells or springs.
Area of Critical Environmental Concern
				  (ACEC)
means an area designated by the Secretary of the Executive
				  Office of Energy and Environmental Affairs pursuant to 301 CMR 12.00:
Areas of Critical Environmental Concern
.
Authorized Representative
means the
				  person responsible for the overall operation of a facility or an operational
				  unit (
i.e.
, part of a facility),
e.g.
, the
				  plant manager, superintendent or person of equivalent responsibility. For
				  purposes of complying with
				  310
				  CMR 30.800, the definition of an authorized
				  individual at
				  310
				  CMR 30.822(8)  shall
				  control.
Battery
means a device consisting of
				  one or more electrically connected electrochemical cells which is designed to
				  receive, store, and deliver electric energy. An electrochemical cell is a
				  system consisting of an anode, cathode, and an electrolyte, plus such
				  connections (electrical and mechanical) as may be needed to allow the cell to
				  deliver or receive electrical energy. The term battery also includes an intact
				  unbroken battery from which the electrolyte has been removed.
Boiler
means an enclosed device that
				  uses controlled flame combustion and meets all the requirements in 310 CMR
				  30.010:
Boiler
(a) through (d):
(a) the device must have physical provisions
				for recovering and exporting thermal energy in the form of steam, heated
				fluids, or heated gases; and
(b) the
				device's combustion chamber and primary energy recovery section(s) must be of
				integral design. To be of integral design, the combustion chamber and the
				primary energy recovery section(s) (such as waterwalls and superheaters) must
				be physically formed into one manufactured or assembled unit. A unit in which
				the combustion chamber and the primary energy recovery section(s) are joined
				only by ducts or connections carrying flue gas is not integrally designed;
				however, secondary energy recovery equipment (such as economizers or air
				preheaters) need not be physically formed into the same unit as the combustion
				chamber and the primary energy recovery section. The following units are not
				precluded from being boilers solely because they are not of integral design:
				process heaters (units that transfer energy directly to a process stream), and
				fluidized bed combustion units; and
(c) while in operation, the device must
				maintain a thermal efficiency of at least 60%, calculated in terms of the
				recovered energy compared with the thermal value of the fuel; and
(d) the device must export and utilize at
				least 75% of the recovered energy calculated on an annual basis. In this
				calculation, no credit shall be given for recovered heat used internally in the
				same unit. (Examples of internal use are the preheating of fuel or combustion
				air, and the driving of induced or forced draft fans or feedwater
				pumps.)
Bulk Scrap Metal Item
means a large
				  item composed of worn out metal or a metal product that has outlived its
				  original use, such as automobile hulks, railroad cars, steel beams from torn
				  down buildings or bridges, and household appliances. (
see
also
				  310 CMR 30.010:
Scrap Metal
.)
By-product
means a material that is
				  not one of the primary products of a production process and is not solely or
				  separately produced by the production process. Examples are process residues
				  such as slags or distillation column bottoms.
By-product
does not include a co-product that is
				  produced for the general public's use and is ordinarily used in the form it is
				  produced by the process.
Cathode Ray Tube
or
CRT
means a vacuum tube, composed primarily of glass,
				  which is the visual or video display component of an electronic device. A used,
				  intact CRT means a CRT whose vacuum has not been released. A used, broken CRT
				  means glass removed from its housing or casing whose vacuum has been
				  released.
Central Accumulation Area
means an
				  on-site hazardous waste accumulation area subject to 310 CMR 30.000 at a large
				  quantity generator, small quantity generator or a very small quantity
				  generator. A central accumulation area at an eligible academic entity that
				  chooses to be subject to
				  310
				  CMR 30.354 is the area where the entity must
				  also comply with the requirement for making the hazardous waste determination
				  at
				  310
				  CMR 30.354(11)  when
				  accumulating unwanted material, unless the entity already has accumulated
				  designated hazardous waste in the laboratory, in which case the waste
				  determination must be made at the point of generation.
Certification
means a statement by a
				  person which is true to the best of that person's knowledge and belief.
Class A or Class SA Segment of a Surface Water
				  Body
means a segment of an inland or coastal surface water body so
				  assigned said class pursuant to
				  314 CMR 4.00:
Massachusetts Surface Water Quality Standards
.
Clean Water Act
means the Federal
				  Water Pollution Control Act, currently known as the Clean Water Act,
				  33 U.S.C.
				  §§
										1251
et
				  seq
.
closed portion
means that portion of
				  a facility which an owner or operator has closed in compliance with the
				  approved facility closure plan and all applicable closure requirements.
				  (
see
also 310 CMR 30.010:
Active
				  Portion
.)
Closure
. (
see
310
				  CMR 30.010:
Final Closure
and
Partial
				  Closure
.)
Closure Plan
means the plan for
				  closure prepared pursuant to
				  310 CMR 30.580 through
				  30.586.
Collect
means gather at a place or
				  places away from the premises of a licensee,
e.g.
, a
				  transporter collecting hazardous waste from several sources.
College
or
University
means a private or public, post-secondary,
				  degree-granting, academic institution, that is accredited by an accrediting
				  agency listed annually by the U.S. Department of Education.
Commercial Chemical Product
or
Manufacturing Chemical Intermediate Having the Generic Name Listed
				  in
				  310
				  CMR 30.133 or
				  30.136
means a chemical substance which is manufactured or formulated for commercial
				  or manufacturing use and which consists of the commercially pure grade of the
				  chemical, any technical grades of the chemical that are produced or marketed,
				  and all formulations in which the chemical is the sole active ingredient. It
				  does not mean a waste, such as a manufacturing process waste, that contains any
				  of the substances listed in
				  310
				  CMR 30.133 or
				  30.136.
				  Where a manufacturing process waste is deemed to be a hazardous waste because
				  it contains a substance listed in
				  310
				  CMR 30.133 or
				  30.136,
				  such waste will be listed in either
				  310 CMR
				  30.131 or
				  30.132
				  or will be identified as a hazardous waste by the characteristics set forth in
				  310 CMR
				  30.120 through
				  30.125.
Commissioner
means the Commissioner
				  of the Department of Environmental Protection or his or her designee.
Completely Enclosed Recycling System
means a unit that is primarily for the recycling of a regulated recyclable
				  material and that is totally enclosed and is managed so that the regulated
				  recyclable material is accumulated in tanks or containers in compliance with
				  310 CMR
				  30.205(19).
				  (
see
310 CMR 30.010:
Treatment Which is an
				  Integral Part of the Manufacturing Process
for a description of a
				  totally enclosed unit.)
Component
means any constituent part
				  of a unit or group of constituent parts of a unit which are assembled to
				  perform a specific function (
e.g.,
a pump seal, pump, kiln
				  liner and kiln thermocouple.)
Compressed Gas
means any material or
				  mixture having in the container an absolute pressure exceeding 40 pounds per
				  square inch at 70ºF or, regardless of the pressure at 70ºF, having an
				  absolute pressure exceeding 104 pounds per square inch at 130ºF.
Construction
(with respect to any
				  project of construction under M.G.L. c. 21C) means:
(a) the erection or building of new
				structures and acquisition of lands or interests therein, or the acquisition,
				replacement, expansion, remodeling, alteration, modernization, or extension of
				existing structures, and
(b) the
				acquisition and installation of initial equipment for, or required in
				connection with, new or newly acquired structures of the expanded, remodeled,
				altered, modernized or extended part of existing structures (including trucks
				and other motor vehicles, and tractors, cranes, and other machinery) necessary
				for the proper utilization and operation of the facility after completion of
				the project; and includes preliminary planning to determine the economic and
				engineering feasibility and health and safety aspects of the project, the
				engineering, architectural, legal, fiscal, and economic investigations and
				studies, and any surveys, designs, plans, working drawings, specifications, and
				other action necessary for the carrying out of the project, and
(c) the inspection and supervision of the
				process of carrying out the project to completion.
Container
means any portable device
				  in which a hazardous waste is stored, transported, treated, disposed of, or
				  otherwise handled.
Containment Building
means a
				  hazardous waste management unit that is eligible for interim status and used to
				  store or treat hazardous waste in compliance with the provisions of
				  310 CMR
				  30.099(6)(q).
Contingency Plan
means a document
				  setting out an organized, planned, and coordinated course of action to be
				  followed in case of a fire, explosion or release of hazardous waste or
				  hazardous waste constituents which could threaten public health, safety, or
				  welfare, or the environment.
Corrosion Expert
means a person who,
				  by reason of his or her knowledge of the physical sciences and the principles
				  of engineering and mathematics, acquired by a professional education and
				  related practical experience, is qualified to engage in the practice of
				  corrosion control on buried or submerged metal piping systems and metal tanks.
				  Such a person shall be certified by the National Association of Corrosion
				  Engineers (NACE) or be a Massachusetts registered professional engineer who has
				  certification or licensing that includes education and experience in corrosion
				  control on buried or submerged metal piping systems and metal tanks.
Crime Involving Moral Turpitude
means a crime involving fraud, misrepresentation or deceit including, but not
				  limited to, fraud, misrepresentation or deceit in conducting business or
				  obtaining a license or permit as well as any other crime that adversely
				  reflects on the applicant or licensee's competence to transport, use, collect,
				  store, treat or dispose of hazardous waste.
CRT Collector
means a person who
				  receives used, intact CRTs for recycling, repair, resale, or donation.
CRT Glass Manufacturer
means an
				  operation or part of an operation that uses a furnace to manufacture CRT
				  glass.
CRT Processing
means conducting all
				  of the following activities:
(1)
				Receiving broken or intact CRTs;
(2) Intentionally breaking intact CRTs or
				further breaking or separating broken CRTs; and
(3) Sorting or otherwise managing glass
				removed from CRT monitors.