Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 8.00 - Supplemental Requirements for Hazardous Waste Management Facilities › Section 8.02 - Definitions

Current through Register 1525, July 5, 2024
As used in 314 CMR 8.00, the following words have the following
				meanings:
Accumulation
- 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:
Large Quantity
				Generators
or 30.351:
Small Quantity Generators,
such
				containment is "storage" and not "accumulation" of hazardous waste.
Closure
- the act or process of
				deactivating an active portion of a treatment, storage, or disposal facility in
				compliance with the approved facility closure plan and all applicable closure
				requirements.
Constituent or Hazardous Waste
				Constituent
- a constituent that caused the Department to list the
				waste as a hazardous waste in
				310 CMR
				30.131 through
				30.136
(see
310 CMR
				30.160:
Hazardous
				Constituents
which lists these constituents) or a constituent listed
				in
				310 CMR
				30.125:
Toxicity Characteristic
				(TC).
Container
- any portable device in
				which a hazardous waste is stored, transported, treated, disposed of, or
				otherwise handled.
Contingency Plan
- 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.
Department
- the Massachusetts
				Department of Environmental Protection.
Discharge or Discharge of Pollutants
-
				any addition of any pollutant or combination of pollutants to waters of the
				Commonwealth from any source, including, but not limited to, discharges from
				surface runoff which is collected or channeled by man; discharges through
				pipes, sewers, or other conveyances owned by a state, municipality, or other
				person which do not lead to a POTW; and discharges through pipes, sewers, or
				other conveyances leading into privately owned treatment works. This term does
				not include an addition of pollutants by any indirect discharger.
Disposal of Hazardous Waste
- the
				discharge, deposit, injection, dumping, spilling, leaking, incineration, or
				placing of any hazardous waste into or on any land or water so that such
				hazardous waste or any constituent thereof may enter the environment or be
				emitted into the air or discharged into any waters, including ground
				waters.
Environmental Protection Agency or EPA
- the United States Environmental Protection Agency.
Existing RCRA Facility
- a RCRA
				facility which was in operation, or for which construction had commenced, on or
				before November 19,1980, and whose owner or operator has complied with the
				provisions of
				40 CFR 270.10(e)
				and (g),
				270.13,
				270.70,
				270.71(a), and
				(b), and
				270.72,
				by having submitted the required notifications and applications to EPA.
Facility
- a site or works for the
				storage, treatment, dewatering, refining, incineration, reclamation,
				stabilization, solidification, disposal, or other processes where a hazardous
				waste is or will be stored, treated, disposed of or used.
Federal Act
- the federal Clean Water
				Act, 33 U.S.C. § 1251
et seq.
Generation of Hazardous Waste
- the
				act or process of producing a hazardous waste, or an act which first causes a
				hazardous waste to become subject to regulation.
Hazardous Waste
- a hazardous waste
				pursuant to 310 CMR 30.000:
Hazardous Waste.
Incineration
- controlled combustion
				in an enclosed device, the primary purpose of which is to thermally break down
				hazardous waste.
Land Treatment Facility
- a facility
				or part of a facility at which hazardous waste is applied onto or incorporated
				into the soil surface in a controlled manner in order to alter the physical,
				chemical or biological state of the waste via biological degradation, chemical
				reaction or physical processes in the soil so as to render such wastes
				non-hazardous.
Landfill
- a disposal facility or part
				of a facility where hazardous waste is placed in or on land and which is not a
				land treatment facility, a surface impoundment, an injection well, or a waste
				pile.
New RCRA Facility
- a RCRA facility
				other than an existing RCRA facility.
Oil
- petroleum in any form including
				crude oil, fuel oil, petroleum derived synthetic oil and refined oil products
				other than petrochemicals. It does not mean animal or vegetable oils.
Permit
- an authorization issued
				pursuant to M.G.L. c. 21, § 43, and
				314 CMR
				2.00:
Permit Procedures,
3.00:
Surface Water Discharge Program,
5.00:
Groundwater
				Discharge Permit Program,
or 7.00:
Sewer System Extension and
				Connection Permit Program,
to implement the requirements of the State
				and Federal Acts and regulations adopted thereunder.
Person
- any agency or political
				subdivision of the Commonwealth, the Federal government, public or private
				corporation or authority, individual, partnership or association, or other
				entity, including any officer of a public or private agency or
				organization.
Pile
- any non-containerized
				aggregation of solid, nonflowing hazardous waste that is being treated or
				stored.
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 waters of the
				Commonwealth.
Post-closure
- the period after the
				time closure has been completed and approved by the Department.
Public Entity
- any city, town,
				special district or other existing governmental unit eligible to receive a
				grant for the construction of treatment works from the United States
				Environmental Protection Agency pursuant to Title II of the Federal Act.
Publicly Owned Treatment Works or POTW
- 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.
RCRA
- the Solid Waste Disposal Act,
				commonly known as the Resource Conservation and Recovery Act, 42 U.S.C. §
				6901
et seq.
RCRA Facility
- a hazardous waste
				management facility as defined in
				314 CMR
				8.03.
Recycle
- to process hazardous wastes
				in order to produce raw materials or products.
Site
- the same or 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 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 which that person controls, and to which the public
				does not have access, are considered on-site property.
State Act
- the Massachusetts Clean
				Waters Act, M.G.L. c. 21, §§ 26 through 53.
Storage
- the containment of hazardous
				waste for a temporary period in a manner which does not constitute disposal, at
				the end of which period the hazardous waste will be used, treated, disposed of,
				or stored elsewhere.
Surface Impoundment or Impoundment
- a
				facility or part of a facility which is a natural topographic depression,
				man-made excavation, or diked area formed primarily of earthen materials which
				is designed to or does hold an aggregation of liquid hazardous waste or waste
				containing free liquid, and which is not an injection well.
Surface
				Impoundment or Impoundment
includes, without limitation, any
				depression, excavation, or diked area lined with man-made material without the
				strength to contain the liquid in the absence of earthen materials. Examples of
				surface impoundments are: holding, storage, settling, and aeration pits, ponds,
				and lagoons.
Tank
- a stationary device used to
				store or to contain an accumulation of hazardous waste and which is constructed
				primarily of non-earthen materials
(e.g.,
wood, concrete,
				steel, plastic) which provide structural support.
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.
Treatment Works
does not
				include any works receiving a hazardous waste from off the site of the works
				for the purpose of treatment, storage or disposal.
Wastewater Treatment Unit
- a tank
				that treats an influent wastewater which is a hazardous waste, or treats or
				accumulates, as part of the treatment process, a wastewater treatment sludge
				which is a hazardous waste, but not including a tank used solely for
				accumulation or storage of such wastewater or sludge prior to transportation
				off site or disposal on site.