Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 21.00 - Massachusetts Watershed Permit Regulations › Section 21.02 - Definitions

Current through Register 1525, July 5, 2024
For the purposes of
				314 CMR
				21.00, the following terms shall have the following
				meanings, unless the context clearly requires otherwise:
208 Plan
- An Areawide Waste Treatment
				Management Plan certified by the Governor or his or her designee and approved
				by EPA pursuant to § 208 of the federal Clean Water Act,
				33 U.S.C. §
									1288.
Alternative Control Approach or
				Technology
- A technology or approach that is not a Conventional
				Control Approach or Technology but can be effectively used to remove pollutants
				from a waterbody or prevent or reduce the introduction of pollutants into a
				waterbody. Examples include but are not limited to permeable reactive barriers,
				enhanced natural attenuation, restored or constructed wetlands, fertilizer
				reduction, and pollutant credits or trading.
Alternative Restoration Plan
- A
				near-term plan or description of actions with a schedule and milestones under
				the federal Clean Water Act § 303(d),
				33 U.S.C. §
									1313(d), that is expected to
				be more immediately beneficial or practicable in achieving water quality
				standards in the near term than pursuing development of Total Maximum Daily
				Load(s). An Alternative Restoration Plan was previously identified as an
				Alternative Total Maximum Daily Load.
Baseline Nitrogen Load
- A Local
				Government Unit's proportion of the Controllable Attenuated Nitrogen Load that
				existed during the evaluation period for, and as reported in, the applicable
				TMDL, Alternative Restoration Plan, MEP Report, or Scientific Evaluation. It is
				sometimes referred to as the "present-day" load that existed during the
				evaluation period.
Best Management Practices
or
BMPs
- Schedules of activities, prohibitions of
				practices, maintenance procedures, and other management practices to prevent or
				reduce the pollution of waters of the Commonwealth. BMPs include, but are not
				limited to, treatment requirements; operating procedures; and structures,
				devices, or practices to control plant site runoff, spillage, leaks, sludge or
				waste disposal, or drainage from raw material storage.
Clean Water Act
or
CWA
- The Federal Clean Water Act,
				33 U.S.C. §§
									1251
et seq
.
Comprehensive Wastewater Management
				Plan
or
CWMP
- A plan which develops and
				evaluates alternatives that can be implemented to meet a community's wastewater
				infrastructure and management needs and which is consistent with the
				Department's Guide to Comprehensive Wastewater Management Planning.
Comprehensive Water Resource Management
				Plan
or
CWRMP
- A plan developed in
				accordance with the Department's Guide to Water Resource Management Planning
				that identifies a community's needs and problem areas in one sector of its
				water resource structure, evaluates alternative means of addressing those needs
				and problem areas, selects the most costeffective and environmentally
				appropriate remedy, and proposes an implementation plan and schedule. CWRMPs
				include
(a) plans that evaluate a
			 community's wastewater infrastructure and management needs
			 (
e.g.
, CWMP),
(b)
			 plans that focus on the community's water supply infrastructure and management
			 issues, and
(c) plans that focus on
			 the community's stormwater management needs.
Controllable Attenuated Nitrogen Load
- The total nitrogen load from all controllable loads within the watershed that
				reaches the embayment or estuary.
Conventional Control Approach or
				Technology
- A combination of physical, chemical, and biological
				processes that provide primary, secondary, or tertiary treatment and have been
				proven to be consistently effective for treating wastewater or sewage to remove
				suspended solids, dissolved solids, biological decomposition of organic matter,
				pathogens, and nutrients from wastewater. Examples of Conventional Control
				Technology include but are not limited to sewage treatment plants and enhanced
				nutrient removal alternative septic systems that the Department accepts as
				conventional.
Core Sewer Area
- The area identified
				in a CWMP, CWRMP, or TWMP requiring wastewater collection using Conventional
				Control Technology as the optimal control technology because of factors such as
				the extent of the local wastewater impact, proximity to impacted resources, and
				existing density and anticipated growth.
De Minimis
Nitrogen Load
				Exemption
- An exemption from the permitting requirements of
				314 CMR
				21.00 issued by the Department pursuant to
				314
				CMR 21.12.
Department
- The Massachusetts
				Department of Environmental Protection.
District
- Any county, regional or
				local district, commission, board or other political subdivision or
				instrumentality of the Commonwealth, howsoever named, which is authorized to
				provide itself or through an officer, board, department or division thereof
				local water pollution abatement, sewer or stormwater services, or public water
				supply services, whether established under general law or special act.
Environmental Justice (EJ) Population
-
(a) A Neighborhood that meets one or
			 more of the following criteria:
1. the annual
			 median household income is not more than 65% of the statewide annual median
			 household income;
2. minorities
			 comprise 40% or more of the population;
3. 25% or more of households lack English
			 language proficiency;
4. minorities
			 comprise 25% or more of the population and the annual median household income
			 of the municipality in which the neighborhood is located does not exceed 150%
			 of the statewide annual median household income; or