Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 19.000 - Solid Waste Management › Part I - GENERAL REQUIREMENTS, PROCEDURES AND PERMITS › Section 19.006 - Definitions

Current through Register 1525, July 5, 2024
For purposes of 310 CMR 19.000, the following words and
				  phrases shall have the following meanings unless the content clearly indicates
				  otherwise:
Abutter
means the owner of land
				  sharing a common boundary or corner with the site of the proposed activity in
				  any direction, including, but not limited to, land located directly across a
				  street, way, creek, river, stream, brook or canal.
Access Road
means a roadway or
				  course providing access to a facility, or areas within a site assigned area,
				  from a public way or other road that is not under the control of the
				  operator.
Action Leakage Rate (ALR)
means the
				  quantity of liquid collected from a the leak detection system of a double liner
				  system over a specified period of time which, when exceeded, requires certain
				  actions to be taken as described in a plan approved by the Department.
Active Landfill
means a landfill
				  that has an authorization to operate pursuant to
				  310 CMR
				  19.042 and for which the Department has not
				  approved facility closure completion pursuant to
				  310 CMR
				  19.140(6).
Adverse Impact
means an injurious
				  impact which is significant in relation to the public health, safety, or
				  environmental interest being protected.
Agricultural Material
means organic
				  materials produced from the raising and processing of plants and animals as
				  part of agronomic, horticultural, aquacultural or silvicultural operations,
				  including, but not limited to, animal manures, animal products and by-products
				  (including carcasses), bedding materials and plant materials.
Airport
means any air navigation
				  facility certificated by the Massachusetts Aeronautics Commission (MAC) under
				  provisions of M.G.L. c. 90, and airports operated by the Massachusetts Port
				  Authority.
Airport Zone
means the area
				  surrounding an airport that is within 10,000 feet (3,048 meters) of any airport
				  runway used by turbojet aircraft or within 5,000 feet (1,524 meters) of any
				  airport runway used by only piston type aircraft.
Applicant
means the person named in
				  the application as the owner of a property interest in the site or the operator
				  of the proposed facility where the owner has entered into an agreement with an
				  operator at the time the application is filed.
Aquifer
means a geologic formation,
				  group of formations, or part of a formation capable of yielding a significant
				  amount of ground water to wells or springs.
Asbestos Waste
means
				  Asbestos-containing Material and Asbestos-containing Waste Material as defined
				  in
				  310 CMR
				  7.00:
Air Pollution Control
.
Ash
means the residual by-product of
				  a thermal combustion/reduction process, including all ash fractions (bottom,
				  fly, boiler and economizer ash).
Asphalt Pavement, Brick and Concrete
means asphalt pavement, brick and concrete from construction activities and
				  demolition of buildings, roads and bridges and similar sources.
Bedrock
means cemented or
				  consolidated earth materials exposed on the earth's surface or underlying
				  unconsolidated earth materials.
Beneficial Use
means the use of a
				  material as an effective substitute for a commercial product or
				  commodity.
Bird Hazard
means a hazard to
				  aircraft created by an increase in the likelihood of bird/aircraft
				  collisions.
Board of Health
means the legally
				  designated health authority of the city, town or other legally constituted
				  governmental unit within the Commonwealth having the usual powers and duties of
				  the board of health of a city or town, or its authorized agent or
				  representative; provided, that in any case in which a waste disposal facility
				  extends into the geographic areas of two or more boards of health, said boards
				  may coordinate activities in effecting compliance with 310 CMR 19.000 for the
				  management of solid wastes.
Bulky Wastes
means waste items of
				  unusually large size including but not limited to large appliances, furniture,
				  large auto parts, stumps, trees, branches, brush.
Cathode Ray Tube (CRT)
means any
				  intact, broken, or processed glass tube used to provide the visual display in
				  televisions, computer monitors and certain scientific instruments such as
				  oscilloscopes.
Cell
means a discrete portion of a
				  landfill that contains or is designed to contain compacted solid waste enclosed
				  by natural soil or other non-waste materials.
Clean Gypsum Wallboard
means gypsum
				  wallboard that is not contaminated with paint, wallpaper, joint compound,
				  adhesives, nails, or other substances after manufacture. Gypsum wallboard means
				  a panel (also known as drywall) with a gypsum core and faced with a heavy paper
				  or other material on both sides.
Clean Wood
means discarded material
				  consisting of trees, stumps, and brush, including but not limited to sawdust,
				  chips, shavings, bark, and new or used lumber. Clean wood does not include:
(a) wood from commingled construction and demolition
				  waste;
(b) engineered wood products; and
(c) wood containing or likely to contain:
1. asbestos;
2. chemical preservatives such as, but not limited to,
				  chromated copper arsenate (CCA), creosote or pentachlorophenol; or
3. paints, stains or other coatings, or adhesives.
Closed Landfill
means a landfill for
				  which the Department has determined that the facility closure has been
				  completed or has approved a post-closure monitoring plan pursuant to
				  310 CMR
				  19.140.
Closure
means the act or process of
				  deactivating a facility in compliance with the approved facility final closure
				  plan and applicable closure requirements.
Combustion Facility
means a facility
				  employing an enclosed system using controlled flame combustion, the primary
				  purpose of which is to thermally break down solid wastes, producing ash that
				  contains little or no combustible materials.
Commercial Organic Material
effective through October 31, 2022 means food material and vegetative material
				  from any entity that generates more than one ton of those materials for solid
				  waste disposal per week, but excludes material from a residence. Effective
				  beginning November 1, 2022 commercial organic material means food material and
				  vegetative material from any entity that generates more than one-half ton of
				  those materials for solid waste disposal per week, but excludes material from a
				  residence.
Commercial Products
means of or
				  relating to goods. Commercial products are often unrefined, produced and
				  distributed in large quantities for use. A commercial product may be solid like
				  a concrete block, or loose like aggregate drainage material. A commercial
				  product may be manufactured or produced using solely secondary
				  materials.
Commercial Solid Waste
means all
				  types of solid waste generated by stores, offices, institutions, restaurants,
				  warehouses, and other non-manufacturing activities, or similar types of solid
				  waste generated from manufacturing operations. Commercial Solid Waste does not
				  include solid waste generated in a residence or in a manufacturing or
				  industrial process.
Commissioner
means the Commissioner
				  of the Department of Environmental Protection or his or her designee.
Composting
or
Composted
means a process of accelerated
				  biodegradation of organic materials using microorganisms under controlled
				  conditions in the presence of oxygen using windrows or piles including, but not
				  limited to, covered aerated piles or bays. For the purposes of 310 CMR 19.000,
				  composting is not aerobic digestion or conversion.
Composite Liner
means a groundwater
				  protection system that is composed of two or more low permeability layers
				  where, typically, the upper layer consists of FML (flexible membrane liner) or
				  Geomembrane in direct contact with the lower layer consisting of a low
				  permeability soil and/or a geosynthetic clay liner (GCL).
Construction and Demolition Waste (C&D)
				  Processing Facility
means a handling facility where construction
				  and demolition waste is brought, stored and processed (usually by sorting,
				  crushing, shredding, screening,
etc
.) prior to reuse or
				  transport to a solid waste disposal facility or to other types of facilities
				  for recycling, recovery or reuse.
Construction and Demolition Waste
				  (C&D)
means the waste building materials and rubble resulting
				  from the construction, remodeling, repair or demolition of buildings,
				  pavements, roads or other structures. Construction and demolition waste
				  includes, but is not limited to, concrete, bricks, asphalt pavement, masonry,
				  plaster, gypsum wallboard, metal, lumber and wood.
Construction and Demolition Waste (C&D)
				  Transfer Station
means a transfer station permitted by the
				  Department to accept 50 tons per day or more of construction and demolition
				  waste. A C&D waste transfer station may accept other types of solid waste
				  in accordance with its permit.
Cover Material
means soil or other
				  materials that can be placed in one or more layers over solid waste for control
				  of vectors, fires, odors, percolation of water into a landfill, grading,
				  support of vegetation and related environmental or engineering purposes.
Critical Contaminant of Concern
				  (CCC)
means contaminants identified by the Department to be of
				  particular concern due to their toxicity, persistence, ability to
				  bio-accumulate, or widespread occurrence.
Cumulative Receptor Cancer Risk
means that risk as defined in 310 CMR 40.0000:
Massachusetts
				  Contingency Plan
. As of October 7, 2005, Cumulative Receptor Cancer
				  Risk is defined at 310 CMR 40.0000 as follows: the sum of the estimated excess
				  lifetime cancer risks associated with exposure to all oil and/or hazardous
				  material at or from a disposal site at all exposure points for a given
				  receptor.
Cumulative Receptor Non-cancer Risk
means that risk as defined in 310 CMR 40.0000:
Massachusetts
				  Contingency Plan
. As of October 7, 2005, Cumulative Receptor
				  Non-cancer Risk is defined at 310 CMR 40.0000 as follows: a calculation of the
				  possibility of non-cancer health effects associated with exposure to all oil
				  and/or hazardous material at or from a disposal site at all exposure points
				  identified for a given receptor. The Hazard Index is a measure of the
				  Cumulative Receptor Non-cancer Risk.
Current Operations
means those areas
				  of a solid waste management facility which had been filled with refuse, were in
				  active use for management of solid wastes or were under construction as of July
				  1, 1990.
Department
means the Department of
				  Environmental Protection.
Destructive Practices
means any
				  process that requires the demolition of commercial products that were
				  manufactured using secondary materials.
Discharge
means the accidental or
				  intentional spilling, leaking, pumping, emitting, emptying, dumping or
				  placement of any solid waste into or on any land or water so that such solid
				  waste or any constituent thereof may enter the environment or be emitted into
				  the air or discharged into any waters, including groundwater.
Disposal
means the final dumping,
				  landfilling or placement of solid waste into or on any land or water or the
				  combustion of solid waste.
Disposal Facility
means any
				  combustion facility or any landfill.
Double Liner
means a groundwater
				  protection system that is comprised of two liners that are separated by a
				  drainage layer that provides a leak detection function by collecting any
				  leachate that leaks through the primary liner.
Downgradient
means:
(a) in reference to surface water, the direction
				  perpendicular to lines of equal elevation over a distance in which elevation
				  continuously decreases, measured from the point or area in question; or
(b) in reference to groundwater, the direction perpendicular
				  to lines of equipotential over a distance in which total head continuously
				  decreases, measured from the point or area in question.
Dumping Ground
means a facility or
				  place used for the disposal of solid waste from one or more sources which is
				  not established or maintained pursuant to a valid site assignment or permit in
				  accordance with M.G.L. c. 111, § 150A,
				  310 CMR 16.00:
Site
				  Assignment Regulations for Solid Waste Facilities
or 310 CMR
				  19.000.
Equipment
means any item of
				  machinery or implement used in the operation or maintenance of a
				  facility.
Expansion
means:
(a) For a landfill, a horizontal or vertical increase in the
				  size of the landfill beyond the horizontal or vertical limits specified or
				  approved in the permit; and
(b) For a transfer station:
1. In the case of a transfer station permitted by the
				  Department to accept less than 50 tons per day (TPD), an increase in the
				  tonnage acceptance limits approved in the permit that would result in the
				  facility accepting 50 TPD or more; and
2. In the case of a transfer station permitted by the
				  Department to accept 50 TPD or more, an increase in the tonnage acceptance
				  limits of more than 25% beyond the limits approved in the permit, determined on
				  a cumulative basis since the last new or expanded transfer-station permit was
				  issued to the facility.
(c) For any other handling facility or combustion facility,
				  an increase in the tonnage acceptance limits beyond the tonnage limits approved
				  in the facility permit.
Exposure
means exposure as defined
				  in 310 CMR 40.0000:
Massachusetts Contingency Plan
. As of
				  October 7, 2005 Exposure is defined at 310 CMR 40.0000 as follows: any contact
				  with or ingestion, inhalation or assimilation of oil and/or hazardous material,
				  including, without limitation, irradiation.
Exposure Pathway
means exposure as
				  defined in 310 CMR 40.0000:
Massachusetts Contingency Plan
. As
				  of October 7, 2005 Exposure is defined at 310 CMR 40.0000 as follows: The
				  mechanism by which human or environmental receptors inhale, consume, absorb, or
				  otherwise take in oil and/or hazardous material at an exposure point.
Exposure Point
means that point as
				  defined in 310 CMR 40.0000:
Massachusetts Contingency Plan
. As
				  of October 7, 2005 Exposure Point is defined at 310 CMR 40.0000 as follows: a
				  location of potential contact between a human or environmental receptor and a
				  release of oil and/or hazardous material. An Exposure Point may describe an
				  area or zone of potential exposure, as well as a single discrete point.
Exposure Point Concentration
means
				  that concentration as defined in 310 CMR 40.0000:
Massachusetts
				  Contingency Plan
. As of October 7, 2005 Exposure Point Concentration
				  is defined at 310 CMR 40.0000 as follows: the concentration of oil or hazardous
				  material in a specific medium which a human or environmental receptor may
				  contact at an Exposure Point.
Facility
means a site or works, and
				  other appurtenances thereto, which is, has been or will be used for the
				  handling storage, transfer, processing, treatment or disposal of solid waste
				  including all land, structures and improvements which are directly related to
				  solid waste activities.
Factor of Safety
means the ratio of
				  the breaking stress of a structure to the estimated maximum stress in ordinary
				  use.
Fault
means a fracture or a zone of
				  fractures in any material along which strata on one side have been displaced
				  with respect to those on the other side.
Flexible Membrane Liner (FML)
or
Geomembrane Liner
means a continuous layer of
				  low-permeability flexible polymeric material beneath, on the sides and/or on
				  the top of a landfill or landfill cell.
Floodplain
means an area which
				  floods from a rise in a bordering waterway or waterbody and is the maximum
				  lateral extent of flood water which will result from the statistical 100 year
				  frequency storm. This boundary shall be determined using the data available
				  through the National Flood Insurance Program (NFIP) as administered by the
				  Federal Emergency Management Agency (FEMA), except where the Department
				  determines that more accurate information is available.
Food Material
means material
				  produced from human or animal food production, preparation and consumption
				  activities and which consists of, but is not limited to, fruits, vegetables,
				  grains, and fish and animal products and byproducts.
Geologic Formation
means the basic
				  stratigraphic unit which is a mappable lithologic entity characterized by a
				  particular rock type or types.
Geonet
or
Geocomposite
means a synthetic material with its
				  primary function designed to facilitate drainage.
Geosynthetic Clay Liner (GCL)
means
				  a liner material that is comprised of a layer of sodium bentonite clay (or
				  similar low permeability clay) either sandwiched and mechanically secured
				  between two materials (typically synthetic) or chemically bonded to a synthetic
				  material to create a continuous low permeability layer or liner.
Geotextile
means a permeable
				  synthetic material that can be a woven, nonwoven, composite, or knitted
				  product,
etc
. that fulfills several functions in civil
				  engineering, especially separation, filtration, drainage and protection.
Ground Water
means water below the
				  land surface in a saturated zone.
Groundwater Protection System
means
				  an engineered system that may include without limitation, liners and barrier
				  structures; leachate collection, storage and disposal systems; drainage systems
				  and/or other technologies intended to prevent the migration of leachate into
				  and contamination of the groundwater.
Handling
means storing,
				  transferring, processing or treating of a material or solid waste.
Handling Area
means an area used for
				  the transfer, storage, processing or treatment of solid waste, excluding weigh
				  stations or access roads.
Handling Facility
means any facility
				  that is not a disposal facility and that is used for the storage, processing or
				  treatment of solid waste.
Hazardous Material
means that
				  material as defined in 310 CMR 40.000:
Massachusetts Contingency
				  Plan
. As of October 7, 2005 Hazardous Material is defined at 310 CMR
				  40.0000 as follows: material, including, but not limited to, any material in
				  whatever form which, because of its quantity, concentration, chemical,
				  corrosive, flammable, reactive, toxic, infectious or radioactive
				  characteristics, either separately or in combination with any substance or
				  substances, constitutes a present or potential threat to human health, safety,
				  welfare, or to the environment, when improperly stored, treated, transported,
				  disposed of, used, or otherwise managed. The term shall not include oil, but
				  shall include waste oil and all those substances which are included under
				  42
				  U.S.C. §
										9601(14), but
				  it is not limited to those substances. The term shall also include, but is not
				  limited to, material regulated as hazardous waste or recyclable material under
				  310 CMR 30.000:
Hazardous Waste
.
Hazardous Waste
means any waste that
				  is defined and regulated under 310 CMR 30.000:
Hazardous
				  Waste
.
Holocene
means the most recent epoch
				  of the Quaternary period, extending from the end of the Pleistocene Epoch to
				  the present.
Household Hazardous Waste
means
				  hazardous waste generated by households but which is not subject to the
				  Hazardous Waste Regulations pursuant to
				  310 CMR
				  30.104:
Wastes Subject to Exemption
				  From 310 CMR 30.000
except as provided in
				  310
				  CMR 30.390:
Special Provisions for
				  Accumulation of Household Hazardous Waste and/or Hazardous Waste Generated by
				  Very Small Quantity Generators
.
Hydrogeologic Study
means a detailed
				  study designed to define and assess the geologic and hydrologic character of a
				  given area focusing on existing or potential water quality impacts.
Interim Wellhead Protection Area
				  (IWPA)
means that area defined by
				  310 CMR
				  22.00:
Drinking Water
. As of October
				  7, 2005 Interim Wellhead Protection Area is defined at
				  310 CMR
				  22.00 as follows: for public water systems using wells
				  or wellfields that lack a Department approved Zone II, the Department will
				  apply an interim wellhead protection area. This interim wellhead protection
				  area shall be a ½ mile radius measured from the well or wellfield for
				  sources whose approved pumping rate is 100,000 gpd or greater. For wells or
				  wellfields that pump less than 100,000 gpd, the IWPA radius is proportional to
				  the approved pumping rate which may be calculated according to the following
				  equation: IWPA radius in feet = (32 x pumping rate in gallons per minute) +
				  400. A default IWPA radius or an IWPA radius otherwise computed and determined
				  by the Department shall be applied to transient noncommunity (TNC) and
				  non-transient non-community (NTNC) wells when there is no metered rate of
				  withdrawal or no approved pumping rate.
Landfill
means a facility or part of
				  a facility established in accordance with a valid site assignment for the
				  disposal of solid waste into or on land.
Leachate
means a liquid that has
				  passed through or emerged from solid waste and which may contain soluble or
				  suspended material from such waste.
Leak Detection System
means a
				  secondary leachate collection system or other means that can both detect the
				  presence of leachate which has leaked through the primary liner and identify
				  the area of the primary liner through which the leachate has leaked.
Liner
means an engineered layer or
				  layers of recompacted soils and/or synthetic materials designed to restrict the
				  movement of leachate into ground water and to facilitate the collection of
				  leachate. "Liner" may refer to one or more low permeability layers in a ground
				  water protection system.
Lithified Earth Material
means all
				  rock, including all naturally occurring and naturally formed aggregates or
				  masses of minerals or small particles of older rock formed by crystallization
				  of magma or by induration of loose sediments. Lithified Earth Material does not
				  include man-made materials, such as fill, concrete, and asphalt, or
				  unconsolidated earth materials, soil or regolith lying at or near the earth
				  surface.
Lower Explosive Limit (LEL)
means
				  the lowest percent by volume of a mixture of explosive gases in air that will
				  propagate a flame at 25°C and atmospheric pressure.
Maintain
means to establish, keep or
				  sustain the presence of a facility on a site, whether or not such facility is
				  in operation or has been closed.
Mattress
means any resilient
				  material or combination of materials that is enclosed by ticking, used alone or
				  in combination with other products, that is intended for sleeping upon, except
				  for mattresses that are contaminated with mold, bodily fluids, insects, oil, or
				  hazardous substances.
Mattress
includes any foundation
				  or box-spring.
Mattress
does not include any mattress
				  pad, mattress topper, sleeping bag, pillow, car bed, carriage, basket, dressing
				  table, stroller, playpen, infant carrier, lounge pad, crib bumper, liquid or
				  gaseous filled ticking, including any water bed and any air mattress that does
				  not contain upholstery material between the ticking and the mattress core, and
				  mattresses in futons and sofa beds.
Maximum High Groundwater Table
means
				  the highest seasonal elevation of the surface of the Zone of Saturation that
				  has been historically documented or calculated.
Maximum Horizontal Acceleration in Lithified
				  Earth Material
means the maximum expected horizontal acceleration
				  depicted on a seismic hazard map, with a 90% or greater probability that the
				  acceleration will not be exceeded in 250 years, or the maximum expected
				  horizontal acceleration based on a site-specific seismic risk
				  assessment.
Medical or Biological Waste
means
				  Medical or Biological Waste as defined in
				  105 CMR 480.000:
Minimum Requirements for the Management of Medical or Biological Waste
				  (State Sanitary Code Chapter VIII
).
MEPA
means the Massachusetts
				  Environmental Policy Act, M.G.L. c. 30, §§ 61 through 62H.
MEPA Process
means an environmental
				  review process required for projects subject to
				  301 CMR
				  11.00:
MEPA Regulations
.
Mercury-added Product
means a
				  product to which the manufacturer intentionally introduces mercury including,
				  but not limited to, electric lamps, thermostats, automotive devices, electric
				  switches, medical or scientific instruments, electric relays or other
				  electrical devices, but not including products made with coal ash or other
				  products that are incorporated into equipment used to manufacture semiconductor
				  devices, elemental mercury in pre-capsulated form that is sold, distributed or
				  provided to a dental practitioner for use in compliance with the department's
				  regulations concerning amalgam wastewater and recycling for dental facilities,
				  or mercury-added formulated products. Mercury-added Product includes
				  mercury-added components that are incorporated into larger products.
Metal
means ferrous and non-ferrous
				  metals derived from used appliances, building materials, industrial equipment,
				  transportation vehicles, and manufacturing processes.
Monitor
means to systematically
				  measure, inspect and/or collect data on the performance of a facility or on its
				  existing or potential impact on the land, air, ground and surface
				  waters.
Monitoring Well
means a well
				  designed to facilitate the down-hole measurement of groundwater and/or gas
				  levels and the collection of groundwater and/or gas samples.
Municipal Solid Waste
means any
				  residential or commercial solid waste.
No Significant Risk
means that risk
				  as defined in 310 CMR 40.000:
Massachusetts Contingency Plan
.
				  As of October 7, 2005, No Significant Risk is defined at 310 CMR 40.0000 as
				  follows: a level of control of each identified substance of concern at a site
				  or in the surrounding environment such that no such substance of concern shall
				  present a significant risk of harm to health, safety, public welfare or the
				  environment during any foreseeable period of time.
Open Burning
means burning under
				  such conditions that the products of combustion are emitted directly to the
				  ambient air space and are not conducted thereto through a stack, chimney, duct,
				  or pipe. Open burning includes above or underground smoldering fires.
Open Dump
means a facility which is
				  operated or maintained in violation of the Resource Conservation and Recovery
				  Act (42
				  U.S.C. 4004(a)(b)) , or the
				  regulations and criteria promulgated thereunder relative to solid waste
				  disposal.
Operator
means any person who has
				  care, charge or control of a facility subject to 310 CMR 19.000, including
				  without limitation, an agent or lessee of the owner or an independent
				  contractor.
Opportunity to Recycle or Compost
means financial or operational participation in a coordinated recycling or
				  composting program between the applicant and the applicant's waste
				  sources.
Owner
means any person who alone or
				  in conjunction with others has legal ownership, a leasehold interest, or
				  effective control over the real property upon which a facility is located, or
				  the airspace above said real property; "owner" does not mean persons holding
				  bare legal title for the purpose of providing security for financing.
Person(s)
means any individual,
				  partnership, association, firm, company, corporation, department, agency,
				  group, public body (including a city, town, district, county, authority, state,
				  federal, or other governmental unit) or any other entity responsible in any way
				  for an activity subject to 310 CMR 19.000.
Pollution
means any spilling,
				  leaking, pumping, pouring, emitting, emptying, discharging, injecting,
				  escaping, leaching, dumping or disposing of any material which, because of its
				  quantity, concentration or other characteristics, does or may result in an
				  adverse impact to human, plant or animal life or to property, or may
				  unreasonably interfere with the comfortable enjoyment of life or
				  property.
Post-closure
means a finite period
				  of time commencing after the closure of a facility has been completed and
				  approved by the Department, during which the Department may require site
				  monitoring, care and maintenance.
Post-consumer Recyclables
means the
				  following materials which have served their intended end use and have been
				  pre-sorted:
(a) containers, films and wraps and other forms of packaging
				  made from metal, glass, plastic or paper; and
(b) newspaper, office paper, cardboard and other grades of
				  paper.
Potential Private Water Supply
means
				  a portable water supply as defined in
				  314 CMR
				  5.11:
Ground Water
				  Standards
, capable of yielding water of sufficient quality and
				  quantity which is located under a parcel of land that at the time of the
				  earlier of the following two filings, the Site Assignment Application or, where
				  applicable, the Massachusetts Environmental Policy Act Environmental
				  Notification Form, is:
(a) zoned residential or commercial;
(b) not served by a public water supply; and
(c) subject to a subdivision plan or a building permit
				  application approved by the appropriate municipal authority.
Potential Public Water Supply
means
				  a drinking water source which, at the time of the earlier of the following two
				  filings, the Site Assignment Application, or where applicable, the
				  Massachusetts Environmental Policy Act Environmental Notification Form, has
				  been determined to be capable of yielding water of sufficient quality and
				  quantity for future development as a public water supply, and either:
(a) has been designated and received Departmental approval
				  under the
Guidelines and Policies for Public Water Systems
;
				  or
(b) has had the necessary documentation submitted on its
				  behalf for determination as a Potential Public Water Supply as defined by the
				  Department's Division of Water Supply.
Pre-sort
means to separate from
				  solid waste and to keep separate from solid waste. Pre-sorting does not require
				  the separation of components that are integral to that material
				  (
e.g.
insulation or electronic components in white
				  goods).
Primary Composite Liner
means a
				  composite liner that is the uppermost liner in a double liner system.
Primary Leachate Collection System
means the uppermost leachate collection system.
Primary Liner
means the uppermost
				  liner in a ground water protection system composed of two or more
				  liners.
Private Water Supply
means a well
				  used as a source of drinking water supplying a non-public water system with any
				  volume of groundwater from any source.
Processing
means the use of any
				  method, technique or process to alter the physical characteristics of a
				  material or solid waste through any means, including, without limitation,
				  separating, baling, shredding, crushing or reworking. Storage alone does not
				  constitute processing.
Public Water Supply
means a source
				  of drinking water supplying a public water system as defined in
				  310 CMR
				  22.00:
Drinking Water
.
QA/QC
means quality
				  assurance/quality control.
Recharge Area
means an area through
				  which water enters an aquifer.
See
"Zone II".
Recyclable or Recyclable Material
means a material that has the potential to be recycled and which is pre-sorted.
				  Recyclable material includes biodegradable paper, but does not include:
(a) organic materials that will be composted or converted;
				  or
(b) construction and demolition waste unless it has been
				  separated, and kept separate, into at least the following categories: asphalt,
				  brick and concrete; wood; metals; plaster and wallboard; roofing materials; and
				  carpet.
Recycle
means to recover materials
				  or by-products which will be:
(a) Reused; or
(b) Used as an ingredient or a feedstock in an industrial or
				  manufacturing process to make a marketable product; or
(c) Used in a particular function or application as an
				  effective substitute for a commercial product or commodity.
Recycle
does not mean to recover
				  energy from the combustion of a material or to create a fuel.
Recycle
does not include composting or
				  conversion.
Refuse
means solid waste.
Residence or Residential
means a
				  single, multi-family, or group home, or apartment complex. For purposes of 310
				  CMR 19.000, a group home means an establishment, usually resembling a private
				  home, for providing a small group of persons with special needs, such as
				  handicapped or elderly persons or children, with lodging and supervised care.
				  Residence does not include any centralized dining facility.
Residual
means all waste remaining
				  after treatment or processing. Residual remaining after treatment or processing
				  is not pre-sorted material. Air and water discharges managed in accordance with
				  applicable regulations are not residuals.
Responsible Official
means an
				  individual who is duly authorized to bind the entity (
e.g
.,
				  but not limited to, a corporation, limited liability company, partnership,
				  public entity, sole proprietorship or trust) which is subject to 310 CMR
				  19.000.
Restricted Material
means any
				  material subject to a waste restriction at a solid waste management facility
				  pursuant to
				  310 CMR
				  19.017(3).
Saturated Zone or Zone of Saturation
means the area beneath the land surface in which the voids in the rock or soil
				  are filled with water.
Secondary Composite Liner
means a
				  composite liner that is the lowest liner in a double liner system.
Secondary Leachate Collection System
means the leachate collection system lying between the uppermost or primary
				  liner and the secondary liner and is designed to collect leachate which has
				  leaked through the primary liner.
Secondary Liner
means the liner that
				  is below the uppermost or primary liner and is separated from the primary liner
				  by a leachate collection system in a ground water protection system composed of
				  two or more liners.
Secondary Material
means a waste
				  material that has characteristics that make it an effective substitute for an
				  ingredient in an existing or new product or commodity.
Secretary
means the Secretary of the
				  Executive Office of Environmental Affairs.
Seismic Impact Zone
means an area
				  with a 10% or greater probability that the maximum horizontal acceleration in
				  lithified earth material, expressed as a percentage of the earth's
				  gravitational pull, will exceed 0.10g in 250 years.
Site
means any building, structure,
				  place or area where solid waste is or will be stored, transferred, processed,
				  treated, disposed, or otherwise come to be located.
Site Assignment
means a
				  determination by a board of health or by the Department as specified in M.G.L.
				  c. 111, § 150A that:
(a) designates an area of land for one or more solid waste
				  uses subject to conditions with respect to the extent, character and nature of
				  the facility that may be imposed by the assigning agency after a public hearing
				  in accordance with M.G.L. c.111, § 150A; or
(b) establishes that an area of land was utilized as a site
				  for the disposal onto land of solid waste or as a site for a refuse disposal
				  incinerator prior to July 25, 1955, as provided in St. 1955, c. 310, § 2.
				  The area of land assigned under 310 CMR 19.006:
Site
				  Assignment
(b) shall be limited to the lateral limits of the waste
				  deposition area ("the footprint"), or the area occupied by the incinerator, as
				  they existed on July 25, 1955, except as otherwise approved by the Department
				  in approved plans. Said assignment shall apply only to uninterrupted solid
				  waste disposal activities within the footprint or plan approved area and shall
				  have no legal force or effect at any time after the cessation of disposal
				  activities except as otherwise provided at
				  310 CMR
				  16.21:
Alternative Use of Assigned
				  Site
.
Sludge
means the accumulated solids
				  and/or semisolids deposited or removed by the processing and/or treatment of
				  gasses, water or other fluids.
Sole Source Aquifer
means an aquifer
				  so designated by the U.S. Environmental Protection Agency, or by the Department
				  under the authority of a state program as may be established, that supplies 50%
				  or more of the drinking water for the aquifer service area, and the volume of
				  water which could be supplied by alternative sources is insufficient to replace
				  the petitioned aquifer should it become contaminated.
Solid Waste or Waste
means useless,
				  unwanted or discarded solid, liquid or contained gaseous material resulting
				  from industrial, commercial, mining, agricultural, municipal or household
				  activities that is disposed or is stored, treated, processed or transferred
				  pending such disposal, but does not include:
(a) hazardous wastes as defined and regulated pursuant to 310
				  CMR 30.000:
Hazardous Waste
;
(b) sludge or septage which is land applied in compliance
				  with
				  310 CMR 32.00:
Land
				  Application of Sludge and Septage
;
(c) wastewater treatment facility residuals and sludge ash
				  from either publicly or privately owned wastewater treatment facilities that
				  treat only sewage and which is treated and/or disposed at a site regulated
				  pursuant to M.G.L. c. 83, §§ 6 and 7 and/or M.G.L. c. 21,
				  §§ 26 through 53 and the regulations promulgated thereunder, unless
				  the wastewater treatment residuals and/or sludge ash are co-disposed with solid
				  waste;
(d) septage and sewage as defined and regulated pursuant
				  314 CMR 5.00:
Ground
				  Water Discharge Permit Program
, and regulated pursuant to either
				  M.G.L. c. 21, §§ 26 through 53 or 310 CMR 15.00:
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
,
				  provided that 310 CMR 19.000 does apply to solid waste management facilities
				  which co-dispose septage and sewage with solid waste;
(e) ash produced from the combustion of coal when reused as
				  prescribed pursuant to M.G.L. c. 111, § 150A;
(f) solid or dissolved materials in irrigation return
				  flows;
(g) source, special nuclear or by-product material as defined
				  by the Atomic Energy Act of 1954;
(h) those materials and by-products generated from and reused
				  within an original manufacturing process;
(i) materials which are recycled, composted, or converted in
				  compliance with
				  310 CMR
				  16.03:
Exemptions From Site
				  Assignment
,
				  310
				  CMR 16.04:
General Permit for
				  Recycling, Composting or Aerobic and Anaerobic Digestion Operations
;
				  or
				  310
				  CMR 16.05:
Permit for Recycling,
				  Composting or Conversion (RCC) Operations
; and
(j) organic material when handled at a Publicly Owned
				  Treatment Works as defined in
				  314 CMR 12.00:
Operation and Maintenance and Pretreatment Standards for Wastewater
				  Treatment Works and Indirect Dischargers
and as approved by the
				  Department pursuant to
				  314 CMR 12.00:
Operation and Maintenance and Pretreatment Standards for Wastewater
				  Treatment Works and Indirect Dischargers
.
Solid Waste Management Facility
(
See
Facility
).
Special Waste
means any solid waste
				  that is determined not to be a hazardous waste pursuant to 310 CMR 30.000:
Hazardous Waste
and that exists in such quantity or in such
				  chemical or physical state, or any combination thereof, so that particular
				  management controls are required to prevent an adverse impact to the public
				  health, safety or the environment from the collection, transport, transfer,
				  storage, processing, treatment or disposal of the solid waste.
Storage
means temporary containment
				  of a material or solid waste in a manner which does not constitute
				  disposal.
Storage Facility
means a handling
				  facility where solid waste is stored.
Surface Water
means all bodies of
				  water natural or artificial, inland or coastal, fresh or salt, public or
				  private within the territorial limits of the Commonwealth of
				  Massachusetts.
Textiles
means clothing, footwear,
				  bedding, towels, curtains, fabric, and similar products, except for textiles
				  that are contaminated with mold, bodily fluids, insects, oil, or hazardous
				  substances.
Third-party Inspection
means an
				  inspection conducted by a third-party inspector in accordance with
				  310 CMR
				  19.018.
Third-party Inspector
means an
				  individual registered with the Department to conduct third-party inspections in
				  accordance with
				  310 CMR
				  19.018.
Tires
means a continuous solid or
				  pneumatic rubber covering intended for use on a motor vehicle.
Transfer Station
means a handling
				  facility where solid waste is brought, stored and transferred from one vehicle
				  or container to another vehicle or container for transport off-site to a solid
				  waste treatment, processing or disposal facility.
Treatment
means the use of any
				  method, technique or process to change the chemical, or biological character or
				  composition of any solid waste; to neutralize such waste; to render such waste
				  safer to transport, store or dispose; or make such waste amenable to recovery,
				  storage or volume reduction.
Upgradient
means:
(a) in reference to surface water, the direction
				  perpendicular to lines of equal elevation over a distance in which elevation
				  continuously increases, measured from the point or area in question; or
(b) in reference to groundwater, the direction perpendicular
				  to lines of equipotential over a distance in which total head continuously
				  increases, measured from the point or area in question.
Upper Concentration Limits
means
				  ceiling concentrations established for hazardous materials when contained in
				  secondary material intended for beneficial use.
Unsaturated Zone
means the zone
				  between the land surface and the nearest saturated zone.
Unstable Area
means a location that
				  is susceptible to natural or human-induced events or forces capable of
				  impairing the integrity of some or all of the landfill structural components
				  responsible for preventing releases from a landfill. Unstable areas include,
				  but are not limited to, areas providing inadequate foundation support and areas
				  of mass movement including landslides, avalanches, debris slides and flows,
				  block sliding and rock fall.
Vector
means an organism that is
				  capable of transmitting a pathogen from one organism to another including, but
				  not limited to, flies and other insects, rodents, birds, and vermin.
Vegetative Material
means plant
				  material.
Water Table
means the upper
				  elevation of the surface of the saturated zone.
Watershed
means that area defined by
				  310 CMR
				  22.00:
Drinking Water
. As of October
				  7, 2005 Watershed is defined at
				  310 CMR
				  22.00 as follows: the area contained within geomorphic
				  or topographic boundaries of higher elevations which cause surface water and/or
				  groundwater to drain or flow to lower elevations into water used as a public
				  water system source.
Wetlands
means any land or water
				  area subject to M.G.L. c. 131, § 40 or resource areas regulated pursuant
				  to
				  310 CMR
				  10.00:
Wetlands Protection
.
White Goods
means appliances
				  employing electricity, oil, natural gas or liquified petroleum gas to preserve
				  or cook food; wash or dry clothing, cooking or kitchen utensils or related
				  items; or cool or heat air or water.
Wood
means treated and untreated
				  wood, including woodwaste.
Yard Waste
means deciduous and
				  coniferous seasonal deposition (
e.g.
, leaves), grass
				  clippings, weeds, hedge clippings, garden materials and brush.
Zone A
means that area defined by
				  310 CMR
				  22.00:
Drinking Water
. As of October
				  7, 2005 Zone A is defined at
				  310 CMR
				  22.00 as follows:
(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: Classes and Criteria(3)(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 B
means that area defined by
				  310 CMR
				  22.00:
Drinking Water
. As of October
				  7, 2005 Zone B is defined at
				  310 CMR
				  22.00 as follows: the land area within ½ mile
				  of the upper boundary of the bank of a Class A surface water source, as defined
				  in
				  314 CMR
				  4.05(3)(a), or edge of
				  watershed, whichever is less. However, Zone B shall always include the land
				  area within a 400-foot lateral distance from the upper boundary of the bank of
				  the Class A surface water source.
Zone C
means that area defined by
				  310 CMR
				  22.00:
Drinking Water
. As of October
				  7, 2005 Zone C is defined at
				  310 CMR
				  22.00 as follows: the land area not designated as Zone
				  A or B within the watershed of a Class A surface water source as defined at
				  314 CMR
				  4.05(3)(a).
Zone of Contribution
means the
				  recharge area that provides water to a well.
Zone I
means that area defined by
				  310 CMR
				  22.00:
Drinking Water
. As of October
				  7, 2005 Zone I is defined at
				  310 CMR
				  22.00 as follows: 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. Tubular wellfields require a 250-foot protective radius. Protective radii
				  for all other public water system wells 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 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 (TNC) and non-transient non-community (NTNC) wells when there is
				  no metered rate of withdrawal or no approved pumping rate.
Zone II
means that area defined by
				  310 CMR
				  22.00:
Drinking Water
. As of October
				  7, 2005 Zone II is defined at
				  310 CMR
				  22.00 as follows: that area of an aquifer which
				  contributes water to a well under the most severe recharge and pumping
				  conditions that can be realistically anticipated
(i.e
.,
				  pumping at the safe yield of the well for 180 days without any natural recharge
				  occurring); it is bounded by the groundwater divides which result from pumping
				  the well and by contact of the edge of the aquifer with less permeable
				  materials such as till and bedrock. At some locations, streams and lakes may
				  form recharge boundaries. For the purposes of 310 CMR 19.000, a Zone II area is
				  one which has been defined and delineated in accordance with the Department's
				  Division of Water Supply
Guidelines for Public Water System
s,
				  September, 1984 Supplement to the 1979 edition.