Code of Massachusetts Regulations › 360 CMR - MASSACHUSETTS WATER RESOURCE AUTHORITY › Title 360 CMR 10.00 - Sewer Use › GENERAL PROVISIONS › Section 10.004 - Definitions

Current through Register 1525, July 5, 2024
Unless the context specifically indicates otherwise, the
				  meaning of the terms used in 360 CMR 10.000 shall be as follows:
Act
shall mean St.1984, c. 372 and
				  St. 1987, c. 307.
Aliquot
shall mean a definite part
				  of a whole, such as an aliquot quantity of a sample for analysis.
Authority
shall mean the
				  Massachusetts Water Resources Authority.
Authority Fiscal Year
shall mean the
				  12-month period from July 1st through the next June
				  30th. The number of the fiscal year is the number of
				  the calendar year in which the fiscal year ends. For example, Authority Fiscal
				  Year 2003 runs from July 1, 2002, through June 30, 2003.
Authority Sewerage District
shall
				  mean the Clinton Sewerage Service Area and the Metropolitan Sewerage Service
				  Area.
Authority Sewerage System
shall mean
				  the sewerage works under the control of the Authority. This includes the
				  sewers, pump stations, treatment plants, and all other works under the control
				  of the Authority used in collection, storage, transport, treatment, and
				  discharge of waters and wastes and in the operation of the residuals
				  program.
Batch Discharge
shall mean a
				  discrete or discontinuous short-term discharge to the sewer, often
				  characterized by a discharge of all or most of the contents of a vessel.
Batch Discharge
is not a part of a series of episodic
				  discharges taking place with little time between each episode.
Best Management Practices or BMPs
shall mean schedules of activities, prohibitions of practices, maintenance
				  procedures, and other management practices to implement the requirements of 360
				  CMR 10.000 and the prohibitions listed in
				  40 CFR
				  403.5(a)(1) and (b).
BMPs
include, but are not limited to, treatment
				  requirements, operating procedures, and practices to control discharges or
				  potential discharges of materials to the Sewer System.
Blowdown
shall mean the minimum
				  discharge of recirculating water for the purpose of discharging materials
				  contained in the water, the further buildup of which would cause concentration
				  in amounts exceeding limits established by best engineering practice.
Bypass
shall mean an intentional or
				  negligent diversion of a wastestream, by direct or indirect means, to the
				  Authority Sewerage System, from any portion of a Pretreatment facility prior to
				  completing pretreatment, or from any industrial process or other source of
				  Wastewater prior to pretreatment.
Centralized Waste Treatment Facility
shall have the meaning contained in
				  40 CFR
				  437.2(c).
Clinton Sewerage Service Area
shall
				  mean the area consisting of the following political subdivisions: Clinton,
				  Lancaster, Sterling, Bolton and Berlin.
Combined Permit
shall mean the
				  Permit described in
				  360 CMR 10.064.
				  It is substantially equivalent to a combination of the General Permit for Low
				  Flow and Low Pollutant Dischargers,
				  360 CMR
				  10.062, and the Group Permit for Photo
				  Processing and Printing Operations,
				  360 CMR
				  10.061, the Group Permit for Food Processing,
				  360 CMR
				  10.063, or the Group Permit for Dental
				  Discharges,
				  360 CMR
				  10.065.
Combined Sewer
shall mean a Sewer
				  designed to receive both Wastewater and storm or surface water.
Combined Waste stream Formula
shall
				  mean the formula defined in the U.S. Environmental Protection Agency
General Pretreatment Regulations for Existing and New Sources of
				  Pollution
in
				  40 CFR
				  403.6(e).
Composite Sample
shall mean a
				  combination of a series of aliquots taken on either a time or flow proportional
				  basis over a period of time.
Construction Site Dewatering shall mean groundwater, storm
				  water, surface water, surface runoff, tidewater, or subsurface drainage which
				  accumulates in a construction site.
Contact Cooling Water
shall mean
				  water used in a process for cooling purposes that has come in direct contact
				  with a raw material, intermediate product, waste product, or finished
				  product.
Cooling Water
shall mean the water
				  discharged from any system of condensation, air conditioning, cooling,
				  refrigeration, or other system of heat transfer.
Daily Maximum Limit
shall mean the
				  highest allowable concentration for any Pollutant in a waste stream. The Daily
				  Maximum Limit shall be determined as set forth in
				  360 CMR
				  10.024(3).
Dental Discharges
shall mean
				  discharges from a Facility where the practice of dentistry is performed
				  including, but not limited to, institutions, permanent or temporary offices,
				  clinics, home offices, and facilities owned and operated by Federal, state, or
				  local governments, that discharges to a Sanitary Sewer, or to a septic system
				  or holding tank whose contents are hauled for Discharge to a Sanitary Sewer in
				  the Authority Sewerage District.
DEP
shall mean the Massachusetts
				  Department of Environmental Protection.
Direct Connection Permit
shall mean
				  the permit required or issued by the Authority for connection of a building
				  sewer directly into the Authority sewer lines.
Discharge
shall mean the
				  introduction or release into any Sewerage System, sewer or sewer infrastructure
				  of wastewater, water of any kind, or waste of any kind, by any means.
EPA
shall mean the United States
				  Environmental Protection Agency.
Facility
shall mean something
				  containing one or more operations that generate industrial waste.
Food Processing
shall mean preparing
				  food for wholesale commercial distribution and sale including, without being
				  limited to: operations which involve washing, cooking, baking, or curing food
				  or food products including, but not limited to: beverage making and bottling;
				  candy making; cereal making; condiment making; dairy product processing; fish
				  cutting, processing and cooking; frozen food making; jams, jellies and fruit
				  filling making; meat processing and packing; nut and nut product processing;
				  pasta making; prepared food making; and vegetable and other produce washing and
				  processing. Food processing does not include: preparing meals or snacks for
				  immediate consumption on the premises, or for take-out; transport and
				  distribution operations which consist solely of packaging for transport and
				  distribution without generating wastewater from the packaging process; and
				  warehousing or other storage solely for transport, distribution, or
				  sale.
Garage
shall mean any structure or
				  property where one or more motor vehicles are kept, stored, or serviced,
				  including a public or private garage, carport, motor vehicle repair shop, paint
				  shop, service station, lubritorium, car wash, gasoline station with grease pits
				  or wash racks or areas, or any building used for similar purposes.
General Permit
shall mean a permit
				  in
				  360 CMR
				  10.062. It contains requirements for
				  eligibility and coverage and standard conditions that must be met.
Grab Sample
shall mean an individual
				  aliquot collected over a period of time not exceeding 15 minutes.
Group Permit
shall mean a Permit
				  described in
				  360 CMR
				  10.061,
				  10.063
				  and
				  10.065.
				  It is applicable to a specific type or types of industrial processes or
				  discharges. It shall have standard terms and conditions for all Persons to whom
				  it is issued.
Hazardous Waste
shall mean a waste,
				  or combination of wastes, that at the time of discharge:
(a) Has been identified as a hazardous waste by EPA pursuant
				  to the Resource Conservation and Recovery Act,
				  42 USC
				  6901,
et seq
., and is listed
				  in 40 CFR Part 261 ;
(b) Has any of the hazardous waste characteristics identified
				  by EPA in 40 CFR Part 261;
(c) Has been identified by DEP as a hazardous waste pursuant
				  to M.G.L. c. 21C and is listed in 310 CMR 30.000:
Hazardous
				  Waste
;
(d) Has any of the hazardous waste characteristics identified
				  by DEP in 310 CMR 30.000:
Hazardous Waste
; or
(e) Has been identified as a Hazardous Waste Pharmaceutical
				  pursuant to
				  40 CFR
				  266.500, et
seq
.
For the purposes of 360 CMR 10.000, a waste that would be a
				  hazardous waste pursuant to 360 CMR 10.004:
Hazardous
				  Waste
(a) through (e), but for the fact that it is discharged to
				  the sanitary sewerage system, shall be, a hazardous waste, unless it is in
				  wastewater which is discharged to the sewer system pursuant to a permit issued
				  under 360 CMR 10.000 and in compliance with Authority discharge limits, except
				  as prohibited by
				  40 CFR
				  266.505 and Clean Water Act requirements at
				  40 CFR
				  403.5(b).
Improperly Shredded Garbage
shall
				  mean Wastes from the domestic and commercial preparation, cooking, and
				  dispensing of food, and from the handling, storage and sale of produce,
				  excluding rubbish and trash, which has particles greater than ½ inch or
				  1.27 centimeters in any dimension so as to prevent the particles from being
				  carried freely under normal flow conditions in Municipal Sewers.
Indirect Discharge
shall mean a
				  Discharge of Wastes or Wastewater to a municipal Sewerage System that is
				  connected to MWRA's system.
Industrial User
means a source of
				  discharge of Industrial Waste to a Sewerage System.
Industrial Waste or Industrial
				  Wastewater
shall mean any solid, liquid, or gaseous Wastes or
				  Wastewater, resulting from an industrial or manufacturing process, or from a
				  commercial, governmental, or institutional activity, or from the development,
				  recovery, or processing of natural resources.
Infiltration
shall mean the water
				  entering a Sewerage System from the ground or a water body, including through
				  such means as, defective building drains and sewers, pipes, pipe joints,
				  connections, or manhole walls.
Inflow
shall mean the discharge into
				  a Sewerage System, including service connections, from such sources as, but not
				  limited to, roof leaders, cellars, yards, and area drains, foundation drains,
				  sump pumps, Cooling Water discharges, drains from springs and swampy areas,
				  manhole covers, cross connections from Storm Sewers and Combined Sewers, catch
				  basins, storm water, surface runoff, or street wash water.
Interference
shall mean a discharge
				  which, alone or in conjunction with discharges from other sources, both:
(1) inhibits or disrupts the Authority Sewerage System, or
				  any Municipal Sewerage System that is a tributary to the Authority Sewerage
				  System, their treatment processes or operations, or the Authority's Sludge
				  processes, use, or disposal; and
(2) causes a violation of any requirement of the Authority's
				  NPDES permit (including an increase in the magnitude or duration of a
				  violation) or prevents the Authority from using or disposing of its Sludge in
				  compliance with applicable federal, state, or local laws or any permit.
Landfill
shall mean a facility or
				  place established for the deposit of wastes on land.
Landfill Leachate
shall mean a
				  liquid that has passed through or emerged from wastes deposited at a Landfill,
				  including liquid resulting from the percolation of runoff, subsurface drainage,
				  groundwater, and storm water through the landfill.
Landfill Permit
shall mean the
				  permit required or issued by the Authority for discharge from a
				  Landfill.
Metropolitan Sewerage Service Area
shall mean the area consisting of the following political subdivisions:
				  Arlington, Ashland, Bedford, Belmont, Boston, Braintree, Brookline, Burlington,
				  Cambridge, Canton, Chelsea, Dedham, Everett, Framingham, the north sewer
				  district of Hingham, Holbrook, Lexington, Malden, Medford, Melrose, Milton,
				  Natick, Needham, Newton, Norwood, Quincy, Randolph, Reading, Revere,
				  Somerville, Stoneham, Stoughton, Wakefield, Walpole, Waltham, Watertown,
				  Wellesley, Westwood, Weymouth, Wilmington, Winchester, Winthrop and
				  Woburn.
mg/l
shall mean milligrams per
				  liter.
Municipal Permit
shall mean the
				  permit required or issued by the Authority to a Municipality which is served by
				  the Authority Sewerage System.
Municipal Sewer
shall mean a Sewer
				  controlled by a Municipality, public body, or authority.
Municipality
shall mean any city,
				  town, Sewer District, public body, or similar entity, that operates a public
				  water or sewer system, or both, on behalf of the communities identified in the
				  definitions of Clinton Sewerage Service Area and Metropolitan Sewerage Service
				  Area, that discharges Wastewater and/or Septage into the Authority Sewerage
				  System, including any city, town, District, or public body within the Authority
				  Sewerage District or served by the Authority under a contract or other
				  agreement.
National Categorical Pretreatment
				  Standard
shall mean the requirements under
				  40 CFR
				  403.6 and 40 CFR chapter I, subchapter N,
				  specifying quantities or concentrations of pollutants or pollutant properties
				  which may be discharged to a Publicly Owned Treatment Works by new or existing
				  industrial sewer users in specific industrial categories which are established
				  as separate regulations under the appropriate subpart of 40 CFR chapter I,
				  subchapter N.
National Pretreatment Standard or Pretreatment
				  Standard
shall mean the general prohibitions and specific
				  prohibitions of
				  40 CFR
				  403.5(a) and (b), and the
				  National Categorical Pretreatment Standards.
NELAP
shall mean EPA's National
				  Environmental Laboratory Accreditation Program.
New Source
shall mean any building,
				  structure, facility or installation from which there is or may be a discharge
				  to a sewer, the construction of which commenced after the publication of
				  proposed National Pretreatment Standards which will be applicable to such
				  source if such Standards are thereafter promulgated, provided that the source
				  meets the criteria for a New Source in
				  40
				  CFR 403.3(m). Construction
				  on a site at which an existing source is located that results in a modification
				  rather than a New Source if the construction does not create a new building,
				  structure, facility or installation meeting the criteria of
				  40
				  CFR 403.3(m), but otherwise
				  alters, replaces, or adds to existing process or production equipment.
Non-contact Cooling Water
shall mean
				  water used for cooling that does not come into direct contact with any raw
				  material, intermediate product, waste product, or finished product.
Non-contact Industrial Process Water
shall mean water used in an industrial or manufacturing process, or in the
				  development, recovery, or processing of natural resources, that does not come
				  into direct contact with any raw material, intermediate product, waste product,
				  or finished product.
Organics
shall mean those chemical
				  compounds based on a carbon structure and also containing hydrogen with or
				  without oxygen, nitrogen, or other elements.
Pass Through
shall mean a discharge
				  of Pollutants through an Authority Sewage Treatment Facility into waters of the
				  United States in quantities or concentrations which, alone or in conjunction
				  with a discharge or discharges from other sources, is a cause of a violation of
				  any federal or state law or of any permit issued to the Authority, including an
				  increase in the magnitude or duration of a violation.
Person
shall mean any agency or
				  political subdivision of the Commonwealth or of the federal government, any
				  state, public or private corporation or authority, individual, trust, firm,
				  joint stock company, partnership, association, or other entity, or any group
				  thereof, and any officer, employee, or agent of such person, and any group of
				  persons.
Pesticides
shall mean:
(a) All substances listed in 360 CMR 10.000:
Appendix
				  D
; and
(b) Any other substance or mixture of substances intended for
				  preventing, destroying, repelling, or mitigating any pest including, but not
				  limited to:
1. All substances or mixtures registered as pesticides
				  pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act,
				  7
				  U.S.C. 136,
et seq
., and EPA
				  regulations thereunder, 40 CFR Part 152 , and all products denied registration
				  for use as pesticides pursuant to those provisions;
2. All substances or mixtures registered as pesticides
				  pursuant to the Massachusetts Pesticide Control Act, M.G.L. c. 132B, and
				  333 CMR 8.00:
Registration of Pesticide Products
; and
3. All products and by-products of pesticide production
				  prohibited from discharge to Publicly Owned Treatment Works by federal or state
				  law.
(c) For purposes of 360 CMR 10.004:
Pesticides
(b), Pesticides shall not include:
1. Any product or substance excluded by EPA from regulation
				  pursuant to 40 CFR Part 152, including but not limited to:
a. products or substances that are excluded from the
				  definition of pesticide in
				  40
				  CFR 152.3;
b. products that are not pesticides because they are not used
				  against pests;
c. products that are not pesticides because they are not
				  deemed to be used for a pesticidal effect;
d. products of a character not requiring regulation under the
				  FIFRA and exempt from regulation as pesticides pursuant to 40 CFR 125.25;
				  and
2. Any product or substance excluded by EPA from regulation
				  pursuant to 40 CFR Part 455 including, but not limited to:
a. products whose only pesticidal active ingredient is a
				  common food/food constituent or non-toxic household item or a substance that is
				  generally recognized as safe;
b. pool chemicals as defined in
				  40 CFR
				  455.10(q); and
c. products whose labeled directions for use result in the
				  product being discharged to the sanitary sewer, that is, products that are
				  sanitizers within the meaning of
				  40 CFR
				  455.10(t), including
				  sanitizer solutions as defined by the United States Food and Drug
				  Administration in
				  21 CFR
				  178.1010.
(d) For purposes of 360 CMR 10.004:
Pesticides
(b), "pest" means:
1. Any insect, rodent, nematode, fungus, weed; and
2. Any other form of terrestrial or aquatic plant or animal
				  life or virus, bacteria, or other micro-organism that the Authority determines
				  to have been or intended to be treated as undesirable or detrimental.
pH
shall mean the logarithm of the
				  reciprocal of the hydrogen ion concentration, expressed in moles per liter.
				  Neutral water, for example, has a pH value of 7 and a hydrogen ion
				  concentration of 10-7.
Photo Processing
shall mean
				  processing color and black and white prints and slides, including X-rays and
				  microfilm.
Pollutant
shall mean any element,
				  constituent, or property of Wastewater, or of agricultural, industrial,
				  manufacturing, or commercial process Waste, or leachate, or any other substance
				  which causes the alteration of the chemical, physical, biological, or
				  radiological integrity of water through its introduction therein.
Pretreatment
shall mean the
				  reduction of the amount of Pollutants, the elimination of Pollutants, or the
				  alteration of the nature of Pollutant properties in Wastewater to a less
				  harmful state prior to or in lieu of discharging or otherwise introducing the
				  Pollutant into a Sewerage System. This shall include reduction or alteration by
				  physical, chemical or biological processes, process changes, or other means,
				  except as prohibited by 40 CFR Part 403 .
Printing
shall mean lithography
				  using presensitized plates.
Public Record
shall mean a "public
				  record" as defined by M.G.L. c. 4, § 7(26).
Publicly Owned Treatment Works or
				  POTW
shall mean a treatment works as defined in
				  40
				  CFR 403.3(q).
Receiving Waters
shall mean any
				  watercourse, river, pond, wetland, ditch, lake, aquifer, ocean, or other body
				  of surface or groundwater receiving discharge of Wastewater or effluent.
Reclaimed Water Systems
shall have
				  the meaning contained in
				  314 CMR 20.02:
Definitions
.
Record
shall mean a book, paper,
				  map, photograph, recorded tape, financial statement, statistical tabulation, or
				  any other documentary material or data, regardless of physical form or
				  characteristics.
Sanitary Sewage
shall mean liquid
				  and water-carried human and domestic Wastes. Groundwater, storm water and
				  surface water, roof and surface runoff, uncontaminated Cooling Water,
				  Non-contact Industrial Process Water, and Industrial Waste are not Sanitary
				  Sewage.
Sanitary Sewer
shall mean a Sewer
				  that carries Sanitary Sewage and/or Industrial Wastes.
Separator
shall mean a device
				  designed and installed to separate deleterious or undesirable matter from
				  normal Wastes and to retain such deleterious or undesirable matter while
				  permitting normal Sewage or liquid wastes to discharge into the drainage system
				  by gravity.
Septage
shall mean liquid and Solid
				  Wastes of primarily Sanitary Sewage origin removed from a cesspool, septic
				  tank, or similar receptacle.
Septage Discharge Permit
shall mean
				  the permit required or issued by the Authority for discharge of septage by
				  commercial septage haulers.
Sewage
shall mean the spent water of
				  a community, which may be a combination of liquid and water-carried Wastes from
				  residences, commercial buildings, industrial facilities, and institutions,
				  together with any groundwater, surface water, and/or storm water that may be
				  present.
Sewer
shall mean a pipe or conduit
				  that carries Wastewater, including a Storm Drain.
Sewer Use Discharge Permit
shall
				  mean the permit required or issued jointly by the Authority and a Municipality
				  for the discharge of industrial waste.
Sewerage System or Sewer System
shall mean any device, equipment or works used in the transportation, pumping,
				  storage, treatment, recycling, and reclamation of Wastewater and Industrial
				  Wastes.
Shall
is mandatory; may is
				  permissive.
Significant Industrial User
shall
				  mean:
(a) All Industrial Users subject to Categorical Pretreatment
				  Standards under
				  40 CFR
				  403.6 and 40 CFR chapter I, subchapter N;
				  and
(b) Any other Industrial User that: discharges an average of
				  25,000 gallons per day or more of process wastewater to the POTW (excluding
				  sanitary, non-contact cooling and boiler blowdown wastewater); contributes a
				  process wastestream which makes up 5% or more of the average dry weather
				  hydraulic or organic capacity of the POTW treatment plant or is designated as
				  such by the Authority on the basis that the Industrial User has a reasonable
				  potential for adversely affecting the Authority's operations or for violating
				  any Pretreatment Standard or requirement (in accordance with
				  40
				  CFR 403.8(f)(6)) .
Significant Noncompliance
shall have
				  the meaning contained in
				  40
				  CFR 403.8(f)(2)
				  (viii).
Sludge
shall mean the solid,
				  semi-solid, and liquid residue removed from water, Sanitary Sewage, Wastewater,
				  or Industrial Wastes by a treatment process, including removal by a wastewater
				  treatment process or drinking water treatment process.
Slug or Slug Discharge
shall
				  mean:
(a) that portion of a discharge:
1. containing a Pollutant that 360 CMR 10.000 prohibits being
				  discharged; or
2. containing a concentration of a pollutant at least five
				  times above the concentration limit for that Pollutant in
				  360 CMR
				  10.022 through
				  10.024;
				  or
(b) a discharge from a large vat, vessel, or container into
				  the Sewerage System in a manner that:
1. harms or threatens to harm the Sewerage System, workers,
				  or Receiving Waters; or 2. contains a Pollutant in excess of the requirements
				  in 360 CMR 10.000; or
3. causes a violation of any federal or state permit issued
				  to the Authority; or
4. constitutes a discharge of a Pollutant without an
				  appropriate permit.
Solid Waste
shall mean any unwanted
				  or discarded solid material, consisting of putrescible or nonputrescible solid
				  waste material, including garbage and rubbish.
Standard Silver Recovery System
shall mean:
(a) an electrolytic unit or units in series with a metallic
				  replacement cartridge or cartridges; or
(b) a fully enclosed, self-contained, and fully automated
				  chemically assisted precipitation system that may be in series with an
				  electrolytic unit or units or metallic replacement cartridge or cartridges. It
				  shall not mean a system that requires a graded or certified operator by
				  257 CMR 2.00:
Certification of Operators of Wastewater Treatment
				  Facilities
.
Storm Drain or Storm Sewer
shall
				  mean a pipe or conduit for conveying ground, storm, or surface waters, roof and
				  surface runoff, uncontaminated Cooling Water, and non-contact industrial
				  process waters.
Temporary Construction Site Dewatering
				  Permit
shall mean the permit required or issued by the Authority
				  and a Municipality for the temporary discharge of Construction Site Dewatering
				  drainage.
Total Toxic Organics or TTO
shall
				  mean the sum of the concentrations of all Toxic Organics not otherwise
				  prohibited or limited by 360 CMR 10.000.
Toxic Organics
shall mean:
(a) in the Metropolitan Sewerage Service Area, all substances
				  listed in 360 CMR 10.000:
Appendix A
; and
(b) in the Clinton Sewerage Service Area, all substances
				  listed in 360 CMR 10.000:
Appendix B
.
Trade Secret
shall mean anything
				  which constitutes, represents, evidences, or records a secret scientific,
				  technical, merchandising, production, manufacturing, or management information,
				  design, process, procedure, formula, invention, method, or improvement
				  including, without limitation, trade secrets within the meaning of M.G.L. c.
				  266, § 30(4).
Treatment System or Pretreatment
				  System
shall mean any and all devices, equipment, or works used in
				  the pumping, storing, treating, recycling, and reclaiming of sewage and/or
				  Industrial Waste.
Upset
shall mean an exceptional
				  incident in which there is unintentional and temporary noncompliance with the
				  discharge standards of 360 CMR 10.000, or any permit thereunder, due to factors
				  beyond the reasonable control of the Person responsible for the discharge. An
				  Upset does not include noncompliance to the extent caused by operational error,
				  an improperly designed treatment facility, an inadequate treatment facility,
				  lack of preventive maintenance, or careless or improper operation.
User
shall mean a source of
				  Discharge to a Sewerage System.
Waste
shall mean sewage and all
				  garbage, refuse, sludge, and discarded material, whether in liquid, solid, or
				  gaseous form.
Wastewater
shall mean Sewage or
				  other liquid Waste, and the constituents of Sewage, including Septage, Landfill
				  Leachate, waters from construction site dewatering, and Industrial
				  Waste.
Wastewater Residuals
shall mean
				  scum, Sludge, Sludge Products, grit, screenings, and residual ash from
				  incineration of Sludge, originating from the Authority's Sewage Treatment
				  Facility or Facilities.