Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 4.00 - Massachusetts Surface Water Quality Standards › Section 4.02 - Definitions

Current through Register 1525, July 5, 2024
Aquatic Life
. A native, naturally
				diverse, community of aquatic flora and fauna including, but not limited to,
				wildlife and threatened and endangered species.
Authorization
. An approval granted
				pursuant to
				314 CMR 4.04(5)
				 for a discharge to High Quality Waters,
				Outstanding Resource Waters or Special Resource Waters.
Background Conditions
. That water
				quality which exists or would exist in the absence of pollutants requiring
				permits and other controllable cultural factors that are subject to regulation
				under M.G.L. c. 21, §§ 26 through 53.
Best Available Treatment Technology
.
				The technology-based standard of the Clean Water Act defined as Best Available
				Technology Economically Achievable (BAT) for privately-owned treatment works.
				BAT effluent limitation guidelines reflect the best performance technologies
				for a particular pollutant or group of pollutants, or for a category or class
				of point sources, that are economically achievable.
Best Management Practices
or
BMPs
. Schedules of activities, prohibitions of
				practices, maintenance procedures, and other management practices to prevent or
				reduce the discharge of pollutants to waters of the Commonwealth. BMPs include
				treatment requirements, operating procedures, structures, devices, and/or
				practices to control plant site runoff, spillage, or leaks, sludge or waste
				disposal, or drainage from raw material storage.
Best Professional Judgment
. The method
				used by the Department to develop technology-based Surface Water Discharge
				Permit Conditions on a case by case basis using all reasonably available and
				relevant data.
Biological Integrity
. The capability
				of supporting and maintaining a balanced, integrated, adaptive community of
				organisms having species composition, diversity, and functional organization
				comparable to that of the natural habitat of the region.
Class A Waters
or
Class
				A
. Those Inland Waters so designated pursuant to
				314 CMR
				4.06; including, without limitation,
				314 CMR
				4.06(1)(d)1. and (4) as
				public water supplies and their tributaries; certain wetlands designated in
				314 CMR
				4.06(2); certain reservoirs
				designated in
				314 CMR
				4.06(3); and certain surface
				waters designated in
				314 CMR
				4.06(6)(b). They are
				designated as excellent habitat for fish, other aquatic life and wildlife,
				including for their reproduction, migration, growth and other critical
				functions, and for primary and secondary contact recreation, even if not
				allowed. These waters shall have excellent aesthetic value. These waters are
				protected as Outstanding Resource Waters.
Class B Waters
or
Class
				B
. Those Inland Waters so designated pursuant to
				314 CMR
				4.06; including, without limitation, certain
				wetlands designated in
				314 CMR
				4.06(2), certain other
				waters designated in
				314 CMR
				4.06(5), and certain
				qualified waters designated in
				314 CMR
				4.06(6)(b). These waters are
				designated as a habitat for fish, other aquatic life, and wildlife, including
				for their reproduction, migration, growth and other critical functions, and for
				primary and secondary contact recreation. Where designated in
				314 CMR
				4.06(1)(d)6. and (6)(b) as a
				"Treated Water Supply" these waters shall be suitable as a source of public
				water supply with appropriate treatment. Class B waters shall be suitable for
				irrigation and other agricultural uses and for compatible industrial cooling
				and process uses. These waters shall have consistently good aesthetic
				value.
Class B (CSO)
. Those Class B partial
				use Inland Waters so designated in accordance with
				314 CMR
				4.06(1)(d)11. and
				(6)(b).
Class C Waters
or
Class
				C
. These Inland Waters are designated as a habitat for fish, other
				aquatic life and wildlife, including for their reproduction, migration, growth
				and other critical functions, and for secondary contact recreation. These
				waters shall be suitable for the irrigation of crops used for consumption after
				cooking and for compatible industrial cooling and process uses. These waters
				shall have good aesthetic value.
Class SA Waters
or
Class
				SA
. Those Coastal and Marine Waters so designated pursuant to
				314 CMR
				4.06; including, without limitation,
				314 CMR 4.06(2)
				and (5), and certain qualified waters
				designated in
				314 CMR
				4.06(6)(b). These waters are
				designated as an excellent habitat for fish, other aquatic life and wildlife,
				including for their reproduction, migration, growth and other critical
				functions, and for primary and secondary contact recreation. In certain waters,
				excellent habitat for fish, other aquatic life and wildlife may include, but is
				not limited to, seagrass. Where designated for shellfishing in
				314 CMR
				4.06(6)(b), these waters
				shall be suitable for shellfish harvesting without depuration (Approved and
				Conditionally Approved Shellfish Areas). These waters shall have excellent
				aesthetic value.
Class SB Waters
or
Class
				SB
. Those Coastal and Marine Waters so designated pursuant to
				314 CMR
				4.06; including, without limitation,
				314 CMR 4.06(2)
				 and certain surface waters designated in
				314 CMR
				4.06(6)(b). These waters are
				designated as a habitat for fish, other aquatic life and wildlife, including
				for their reproduction, migration, growth and other critical functions, and for
				primary and secondary contact recreation. In certain waters, habitat for fish,
				other aquatic life and wildlife may include, but is not limited to, seagrass.
				Where designated for shellfishing in
				314 CMR
				4.06(6)(b), these waters
				shall be suitable for shellfish harvesting with dupuration (Restricted and
				Conditionally Restricted Shellfish Areas). These waters shall have consistently
				good aesthetic value.
Class SB (CSO)
. Those Class SB partial
				use Coastal and Marine Waters so designated in accordance with
				314 CMR
				4.06(1)(d)11. and
				(6)(b).
Class SC Waters
or
Class
				SC
. These Coastal and Marine Waters are designated as a habitat
				for fish, other aquatic life and wildlife, including for their reproduction,
				migration, growth and other critical functions, and for secondary contact
				recreation. They shall also be suitable for certain industrial cooling and
				process uses. These waters shall have good aesthetic value.
Coastal and Marine Waters
. The
				Atlantic Ocean and all contiguous saline bays, inlets and harbors within the
				jurisdiction of the Commonwealth including areas where fresh and salt waters
				mix and tidal effects are evident or any partially enclosed coastal body of
				water where the tide meets the current of a stream or river.
Cold Water Fishery
. Waters in which
				the mean of the maximum daily temperature over a seven day period generally
				does not exceed 68°F (20°C) and, when other ecological factors are
				favorable (such as habitat), are capable of supporting a year-round population
				of cold water stenothermal aquatic life such as trout (Salmonidae).
Combined Sewer Overflow
or
CSO
. Any intermittent overflow, bypass or other
				discharge from a municipal combined sewer system which results from a
				wet-weather flow in excess of the dry-weather carrying capacity of the
				system.
Criteria
. Elements of state water
				quality standards, expressed as constituent concentrations, levels, or
				narrative statements, representing a quality of water that supports a
				use.
Cultural Eutrophication
. The
				human-induced increase in nutrients resulting in acceleration of primary
				productivity, which causes nuisance conditions, such as algal blooms or dense
				and extensive macrophyte growth, in a waterbody.
Department
or
MassDEP
. The Massachusetts Department of Environmental
				Protection.
Designated Use
. Those uses specified
				in
				314 CMR 4.05
				and
				314 CMR
				4.06 for each water Class whether or not they
				are being attained.
Discharge of Pollutants
. Any addition
				of any pollutant or combination of pollutants to the waters of the Commonwealth
				from any source.
EPA
. The United States Environmental
				Protection Agency.
Epilimnion
. The upper circulating
				layer of a stratified lake or pond.
Existing Use
. Those designated uses
				and any other uses that do not impair the designated uses that are actually
				attained in a waterbody on or after November 28, 1975; except that in no case
				shall assimilation or transport of pollutants be considered an existing
				use.
Federal Act
.
The Federal Water
				Pollution Control Act
(FWPCA), currently known as the
Clean
				Water Act
,
				33 U.S.C. §
									1251
et seq
.
Harmonic Mean Flow
. A long-term flow
				value calculated by dividing the number of daily flows analyzed by the sum of
				the reciprocals of those daily flows.
Highest and Best Practical Treatment or
				HBPT
. The best practicable waste treatment technology for
				publicly-owned treatment works that is the most appropriate means available on
				a regional basis for controlling the direct discharge of toxic and
				nonconventional pollutants to navigable waters. HBPT effluent limitation
				guidelines reflect the best performance technologies for a particular pollutant
				or group of pollutants that are economically achievable.
Inland Waters
or
Fresh
				Waters
. Any surface water not subject to tidal action or not
				subject to the mixing of fresh and ocean waters.
Lakes and Ponds
. Waterbodies having
				open water, situated in a topographical depression, generally with a maximum
				depth of greater than two meters. Lakes and ponds do not include constructed
				stormwater retention basins, constructed impervious basins or impervious
				impoundments, permitted wastewater lagoons, constructed farm ponds into which
				and from which no stream or river flows, and generally do not include dammed
				river or stream impoundments. The Department may determine, on a case by case
				basis, that a shallower waterbody or a dammed river or stream impoundment is a
				lake or pond based on aquatic and other resources or uses to be
				protected.
Massachusetts Act
. The
Massachusetts Clean Waters Act
, M.G.L. c. 21, §§ 26
				through 53.
National Goal Uses
. Propagation of
				fish, shellfish other aquatic life and wildlife and recreation in and on the
				water in accordance with
				33 U.S.C. §
									1251
et seq
.
New or Increased Discharge
. Any
				discharge which commences after the date
				314 CMR 4.00 initially became
				effective; any discharge requiring a permit which is unpermitted and commenced
				prior to the date
				314 CMR 4.00 became effective;
				and any increase in discharges except for an increase in conformance with a
				currently valid permit.
Nonpoint Source
. Any source of
				pollutant discharge that is not a point source.
Outstanding Resource Waters
or
ORW
. Waters designated for protection in
				314 CMR
				4.06, which include Class A Public Water
				Supplies (314 CMR
				4.06(1)(d)1.) and their
				tributaries, certain wetlands as specified in
				314 CMR
				4.06(2), certain surface
				waters designated in
				314 CMR
				4.06(6)(b), and other waters
				as determined by the Department based on their outstanding socio-economic,
				recreational, ecological and/or aesthetic values.
Point Source
. Any discernable,
				confined and discrete conveyance, including but not limited to any pipe, ditch,
				channel, conduit, well, discrete fissure, container, rolling stock,
				concentrated animal feeding operation, vessel or other floating craft, from
				which pollutants are or may be discharged.
Point
				Source
does not include return flows from irrigated
				agriculture.
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 nonpoint source, that is or may be discharged, drained or otherwise
				introduced into any sewage system, treatment works or waters of the
				Commonwealth.
Primary Contact Recreation
. Any
				recreation or other water use in which there is prolonged and intimate contact
				with the water with a significant risk of ingestion of water. These include,
				but are not limited to, wading, swimming, diving, surfing and water
				skiing.
Publicly-owned Treatment Works
or
POTW
shall have the meaning as defined in
				314 CMR 3.02:
Publicly-owned Treatment Works
or
POTW
.
Rivers and Streams
. Waterbodies
				contained within a channel (naturally or artificially created) which
				periodically or continuously contains flowing water or forms a connecting link
				between two bodies of standing water.
Secondary Contact Recreation
. Any
				recreation or other water use in which contact with the water is either
				incidental or accidental. These include, but are not limited to, fishing,
				including human consumption of fish, boating and limited contact incident to
				shoreline activities. Where designated, secondary contact recreation also
				includes shellfishing, including human consumption of shellfish.
Segment
. A finite portion of a
				waterbody established by the Department for the purpose of
				classification.
Site-specific Criteria
. Site-specific
				criteria are criteria that apply to a particular surface water or segment, as
				set forth in
				314 CMR
				4.06(6)(c):
Table
				28
:
Site-specific Criteria
.
Source Reduction
. In-plant changes in
				production processes or raw materials that reduce, avoid or eliminate the use
				of pollutants including, but not limited to, toxic or hazardous substances, or
				generation of pollution by-product per unit of product, so as to reduce risks
				overall to the environment. Also compliance with M.G.L. c. 21I:
Toxics
				Use Reduction Act
, to the extent required by such law.
Special Resource Waters
or
SRW
. Waters of exceptional significance, such as
				waters in national or State parks and wildlife refuges, so designated by the
				Department pursuant to
				314 CMR
				4.06(1)(d)3. and
				(6)(b).
Surface Waters
. All waters other than
				groundwaters within the jurisdiction of the Commonwealth including, without
				limitation, rivers, streams, lakes, ponds, springs, impoundments, estuaries,
				wetlands, coastal waters and vernal pools.
Total Maximum Daily Load
or
TMDL
. The sum of a receiving water's individual waste
				load allocations and load allocations and natural background, which, together
				with a margin of safety that takes into account any lack of knowledge
				concerning the relationship between effluent limitations and water quality,
				represents the maximum amount of a pollutant that a waterbody can receive and
				still meet water quality standards in all seasons.
Toxic Pollutants
. Any pollutant or
				combination of pollutants, including disease causing agents, that are capable
				of producing an adverse effect in an organism or its offspring, including food
				chain effects, according to information available to the Department. The effect
				may be the result of direct or indirect exposure and may injure structure,
				function or cause death to the organism. These pollutants include, but are not
				limited to, those identified in
				314 CMR
				3.17:
Appendix B - Toxic
				Pollutants
.
Treatment Works
shall have the meaning
				as defined in
				314 CMR 3.02:
Treatment Works
.
Use Attainability Analysis
or
UAA
. A structured scientific assessment of the factors
				affecting the attainment of a use, which may include physical, chemical,
				biological, and economic factors as described in
				40 CFR
				131.10(g).
Variance
. A temporary modification of
				the surface water quality standards issued pursuant to
				314 CMR
				4.03(4).
Vernal Pool
. A waterbody that has been
				certified by the Massachusetts Division of Fisheries and Wildlife as a vernal
				pool. Vernal pools are confined basin depressions which, at least in most
				years, hold water for a minimum of two continuous months during the spring
				and/or summer, and which are free of adult fish populations.
Warm Water Fishery
. Waters in which
				the maximum mean monthly temperature generally exceeds 68°F (20°C)
				during the summer months and are not capable of sustaining a year-round
				population of cold water stenothermal aquatic life.
Waters of the Commonwealth
. All waters
				within the jurisdiction of the Commonwealth, including, without limitation,
				rivers, streams, lakes, ponds, springs, impoundments, estuaries, wetlands,
				coastal waters, groundwaters, and vernal pools.