Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 18.00 - Industrial Wastewater Holding Tank and Container Construction, Operation, and Record Keeping Requirements › Section 18.04 - Definitions

Current through Register 1525, July 5, 2024
The following words and phrases, except as otherwise required
				by the context, have the following meanings when used herein:
Above-ground Holding Tank
means any
				holding tank constructed and positioned completely on or above the plane of the
				adjacent surrounding surface.
Commonwealth
means the Commonwealth of
				Massachusetts.
Compatible Materials
means materials
				that are suitable for mixing or contact without causing containment corrosion,
				degradation, or an undesirable chemical reaction.
Container
means any portable device
				used to accumulate, store, or transport industrial wastewater, except mobile
				tanks as defined in 314 CMR 18.04.
Centralized Waste Treatment (CWT)
				Facility
means a facility permitted by the Department under
				314 CMR 7.00:
Sewer
				System Extension and Connection Permit Program
or that holds a permit
				from a Publicly Owned Treatment Works, that collects and treats non-hazardous
				industrial wastewater received from off-site industrial facilities, in
				compliance with the applicable requirements of
				314 CMR 12.00:
Operation and Maintenance and Pretreatment Standards for Wastewater
				Treatment Works and Indirect Dischargers
and 40 CFR 437.
Decommissioning In-ground Holding Tank
means removing an in-ground holding tank from the site, filling an in-ground
				holding tank with an inert material (such as clean sand or soil), or
				permanently changing the function of an in-ground holding tank from
				accumulating and storing industrial wastewater to any other use.
Department
means the Massachusetts
				Department of Environmental Protection.
Disposal
means the discharge, deposit,
				injection, dumping, spilling, leaking, incineration, or placing of any
				industrial wastewater into or on any land, water, or treatment facility so that
				it may enter the environment, be emitted into the air, or be discharged into
				waters of the Commonwealth.
Domestic Wastewater
or
Sanitary Wastewater
or
Sewage
means water containing human or animal wastes from residences, buildings,
				industrial establishments or other places.
Double-walled Tank
means a holding
				tank that is an integral tank structure that includes an inner tank and an
				outer shell. The inner tank shall be completely enveloped within an outer shell
				so that any release from the inner tank shall be contained by the outer
				shell.
Episodic Situation
means a temporary
				situation caused by non-routine or irregular incidents.
Existing Holding Tank
means a holding
				tank installed before November 15, 2002. A holding tank converted from a septic
				tank or oil and water separator is considered an existing holding tank if that
				septic tank or oil and water separator was converted to a holding tank before
				November 15, 2002.
Facility
means any site or works where
				industrial wastewater is or will be generated, stored, treated, dewatered,
				refined, incinerated, reclaimed, stabilized, solidified, disposed, or otherwise
				processed.
Hazardous Waste
means a waste
				considered hazardous pursuant to 310 CMR 30.000:
Hazardous
				Waste
.
Holding Tank
means a stationary
				device, constructed of non-earthen materials (
e.g
., concrete,
				steel or plastic) that provides structural support, and is used to accumulate
				or store industrial wastewater. Tanks that are transportable and not mounted on
				a truck or trailer, but merely placed on a truck or trailer, are considered
				holding tanks. The term holding tank does not include mobile tanks as defined
				in 314 CMR 18.04, but does include in-ground and above-ground holding
				tanks.
H-20 Loading
means a standard loading
				as specified by the American Association of Highway Officials. For reference
				purposes, H-20 Loading is a standard that has been developed by the American
				Association of State Highway and Transportation Officials (AASHTO) and is
				essentially equivalent to the load that a 40,000 pound truck 14 feet long
				exerts as it travels over a given point,
See
Specifications
				for Highways Bridges, AASHTO, 1996, pp. 21-22.
Impervious Liner
means a continuous
				layer of impervious material completely covering the bottom and side surfaces
				of a holding tank.
Incompatible Materials
means materials
				that are not suitable for mixing or contact because the mixing or contact may
				cause containment corrosion, degradation, or an undesirable chemical
				reaction.
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 industrial wastewater.
In-ground Holding Tank
means any
				holding tank positioned partially or completely below the plane of the adjacent
				surrounding surface.
Manually Filled Holding Tank
means a
				holding tank that can be filled only by manual operation. The tank that can be
				filled through a piping system by gravity or pump is not a manually filled
				holding tank.
M.G.L.
means the Massachusetts General
				Laws.
Mobile Tank
means a transportable tank
				mounted on a truck or trailer that meets applicable Department of
				Transportation (DOT) standards, including equipment to load industrial
				wastewater. Mobile tanks do not include tanks merely placed on trucks or
				trailers. Such tanks merely placed on trucks or trailers are defined as
				above-ground holding tanks under 314 CMR 18.04.
New Holding Tank
means a holding tank
				that is installed, or a septic tank or an oil and water separator that is
				converted to a holding tank on, or after November 15, 2002.
Operator
means the person responsible
				for the operation, including, but not limited to filling, emptying and
				maintaining a holding tank, mobile tank, or container for industrial
				wastewater.
Owner
means a person who has effective
				control, or legal or equitable ownership, alone or with others, of any site
				where a holding tank, mobile tank, or container for industrial wastewater
				subject to
				314 CMR 18.00 is located,
				including but not limited to any agent, executor, administrator, trustee,
				lessee, or guardian of the estate for the holder of the legal title.
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 non-point source, which is or may be discharged,
				drained or otherwise introduced into any sewerage system, treatment works or
				waters or on to any land of the Commonwealth.
Publicly Owned Treatment Works
or
POTW
means any device or system used in the treatment
				(including recycling and reclamation) and disposal of municipal sewage or
				industrial wastewater which is owned by a public entity. A POTW includes any
				sewers, pipes, pump stations or other conveyances only if they convey
				wastewater to a POTW providing treatment, or to the location where the treated
				wastewater is discharged.
React
means to act in response to
				another substance to produce a chemical change.
Secondary Containment
means techniques
				that shall use either an impervious liner, a vault, or double-walled tank to
				contain spills from a holding tank to prevent a release to the
				environment.
Site
means a geographically contiguous
				property in single ownership which may be divided by a public or private
				right-of-way, provided the entrance and exit between the two properties is at a
				cross-roads intersection, and access is by crossing as opposed to going along
				the right-of-way. Non-contiguous properties owned by the same person but
				connected by a right-of-way controlled by such person, and to which the public
				does not have access, are considered on-site property.
Surface Waters
means all waters other
				than ground waters within the jurisdiction of the Commonwealth, including
				without limitation, rivers, streams, lakes, ponds, springs, impoundments,
				estuaries, wetlands, vernal pools, and coastal waters.
Tight Tank
means a water tight vessel
				having an inlet to receive raw sewage but no outlet and which is designed and
				used to collect and store sewage until it is removed for disposal, and which is
				regulated under
				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
.
Treatment Facility
or
Works
means any and all devices, processes and
				properties, real and 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
				holding tanks regulated under
				314 CMR 18.00.
Treatment, Storage and Disposal Facility
				(TSDF)
means a facility licensed to treat, store or dispose of
				hazardous waste.
Vault
means an impervious underground
				compartment structure.
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, ground waters, and vernal pools. Wetlands constructed
				for the sole purpose of stormwater management on or after January 2, 2008 are
				not waters of the Commonwealth. Wetlands constructed for the sole purpose of
				wastewater management and lined basins constructed for the sole purpose of
				water supply treatment works residuals treatment, or for storing reclaimed
				water so that it may be reused are not waters of the Commonwealth provided they
				are constructed on or after March 20, 2009.
Zone A
means the following land
				area:
(a) the land area between the surface water source and the
				upper boundary of the bank;
(b) the land area within a 400 foot lateral distance from the
				upper boundary of the bank of a Class A surface water source, as defined in
				314 CMR
				4.05(3)(a):
Class
				A
; and
(c) the land area within a 200 foot lateral distance from the
				upper boundary of the bank of a tributary or associated surface water body.
Zone I
means the protective radius
				required around a public water supply well or wellfield. For public water
				system wells with approved yields of 100,000 gpd or greater, the protective
				radius is 400 feet. Wellfields and infiltration galleries with approved yields
				of 10,000 gpd or greater require a 250 foot protective radius. Protective radii
				for all other public water system wells, wellfields, and infiltration galleries
				are determined by the following equation: Zone I radius in feet = (150 x log of
				pumping rate in gpd) - 350. This equation is equivalent to the chart in the
				Department's Guidelines and Policies for Public Water Systems. A default Zone I
				radius or a Zone I radius otherwise computed and determined by the Department
				shall be applied to transient non-community water system (TNC) and
				non-transient non-community water system (NTNC) wells when there is no metered
				rate of withdrawal or no approved pumping rate. In no case shall the Zone 1
				radius be less than 100 feet.