Terminology, Definitions and Acronyms

(1) The definitions of the terms "site", "disposal site", "vessel", "release" and "threat of release" contained in M.G.L. 21E and this Contingency Plan display subtle differences. These terms are used in this Contingency Plan as follows: (a) the terms "site" and "vessel" are used to refer to a place or area from or at which a release of oil and/or hazardous material has occurred or where a threat of release exists; (b) the term "disposal site" is used to refer to a place or area where an uncontrolled release of oil and/or hazardous material from or at a site or vessel has come to be located. (2) The definitions of the terms "response action", "remedial action", "Comprehensive Response Action", "Comprehensive Remedial Action" and "Preliminary Response Action" contained in this Contingency Plan have specific meanings. These terms are used in this Contingency Plan as follows: (a) the term "response action" is a broad term used to refer to assessments, containments and/or removals; (b) the term "remedial action" is a subset of "response actions" and is used to refer to containments and/or removals only, and excludes assessments; (c) the term "Comprehensive Response Action" is a subset of "response actions" and is used to refer to response actions performed in accordance with 310 CMR 40.0800; (d) the term "Comprehensive Remedial Action" is a subset of "Comprehensive Response Actions" and is used to refer to only remedial actions performed in accordance with 310 CMR 40.0800, and excludes assessments; and (e) the term "Preliminary Response Action" is a subset of "response actions" and is used to refer to Initial Site Investigation Activities performed in accordance with 310 CMR 40.0405(1), and to Immediate Response Actions performed in accordance with 310 CMR 40.0410, and Release Abatement Measures performed in accordance with 310 CMR 40.0440 when such actions are performed prior to the initiation of Comprehensive Response Actions. The terms "Comprehensive Response Action", "Comprehensive Remedial Action", and "Preliminary Response Action" are more specific terms than the terms "response action" and "remedial action" respectively, and shall not be construed to limit any application of the latter terms. (3) For purposes of 310 CMR 40.0000, the terms "priority disposal site", "Location To Be Investigated" and "non-priority disposal site" shall have the meaning ascribed to them by 310 CMR 40.020, prior to October 1, 1993. (4) For purposes of 310 CMR 40.0000, the terms "undertaking", "conducting" and "performing" are used to refer to the undertaking, conducting and performing of response actions by RPs, PRPs or Other Persons, as applicable. Such persons may be required to engage or employ an LSP to provide Professional Services with respect to such response actions. (5) For purposes of 310 CMR 40.0000, the following words and phrases shall have the meaning ascribed to them by M.G.L. c. 21E, § 2, unless the context clearly indicates otherwise: fiduciary, owner, operator and secured lender. (6) For purposes of 310 CMR 40.0000, the term "Solid Waste Management Facility" shall have the meaning ascribed to such term by 310 CMR 19.006: Solid Waste Management Facility. 40.0006: continued (7) For purposes of 310 CMR 40.0000, the term "21C Facility" shall mean a hazardous waste management facility: (a) for which a currently valid license has been issued pursuant to 310 CMR 30.800: Licensing Requirements and Procedures; or (b) that is a "facility having interim status pursuant to RCRA", as defined in 310 CMR 30.010: Definitions, and is in compliance with 310 CMR 30.099(6). (8) For purposes of 310 CMR 40.0000, the term "21C Corrective Action" shall mean the closure of a 21C Facility pursuant to 310 CMR 30.580: Closure through 310 CMR 30.589, the post-closure care of a RCRA Facility pursuant to 310 CMR 30.590: Post-closure through 310 CMR 30.599, and any other response action at a RCRA Facility required by M.G.L. c. 21C, and/or 310 CMR 30.000: Hazardous Waste. (9) For purposes of 310 CMR 40.0000, the term "HSWA Facility" shall mean: (a) a 21C Facility, and (b) a landfill, surface impoundment or waste pile unit, as such terms are defined in 40 Code § 260.10; provided such 21C Facility or landfill, surface impoundment or waste pile unit for which there exists a currently valid license, permit, approval or order issued pursuant to 42 U.S.C. §§ 6928(a), 6928(h), 6924(u) or 6924(v). (10) For purposes of 310 CMR 40.0000, the term "HSWA Corrective Action" shall mean corrective actions for a HSWA Facility required by a license, permit, approval or order issued pursuant to 42 U.S.C. §§ 6928(a), 6928(h), 6924(u) or 6924(v). (11) For purposes of 310 CMR 40.0000, the terms "sewer system", "NPDES", "Publicly Owned Treatment Works", "POTW", "outlet" and "effluent" shall have the meaning ascribed to such terms by 314 CMR 3.00: Surface Water Discharge Permit Program. (12) For purposes of 310 CMR 40.0000, the following words and phrases shall have the following meanings, unless the context clearly indicates otherwise: Active Exposure Pathway Mitigation Measure means a type of Exposure Pathway Mitigation Measure that relies upon the continual use of a mechanical or electro-mechanical device that is designed and operated for the purpose of: (a) preventing or mitigating the migration of subsurface OHM vapors into a building by creating and maintaining a negative pressure field beneath and/or surrounding a building or by creating and maintaining a positive pressure field within the living and working space of the building; or (b) treating OHM present in a private water system associated with a private water supply well. Active Operation and Maintenance means activities related to: (a) operating and maintaining an Active Remedial System; (b) operating and maintaining an Active Exposure Pathway Mitigation Measure; or (c) conducting an Active Remedial Monitoring Program. Active Remedial Monitoring Program means a remedial action that employs a systematically designed and monitored program of sampling and analyzing environmental media (e.g., application of Remedial Additives, Monitored Natural Attenuation, reactive walls); an Active Remedial Monitoring Program does not employ an Active Remedial System. Active Remedial System means a type of Remedial System that relies upon the continual or periodic use of an on-site or in-situ mechanical or electro-mechanical device to contain, treat and/or remove oil or hazardous material in the environment. The term does not include Active Exposure Pathway Mitigation Measures. Act of God means an unanticipated grave natural disaster or other natural phenomenon of an exceptional, inevitable, and irresistible character, the effects of which could not have been prevented or avoided by the exercise of due care or foresight. A natural disaster is unanticipated when it is of a type unexpected given the area, the season, and the past history of conditions. 40.0006: continued Activity and Use Limitation means a Grant of Environmental Restriction or Notice of Activity and Use Limitation recorded, registered or filed in accordance with 310 CMR 40.1070 through 310 CMR 40.1099. Adjudicatory Hearing means a hearing conducted in accordance with M.G.L. c. 30A, § 10, and 310 CMR 1.00: Adjudicatory Proceedings. Affected Individual means anyindividual who experiences or mayexperience significant health, safety, welfare or environmental impacts from a disposal site. Affected Person means any group of two or more individuals, or any community or agency thereof, or a district or body politic which operates a public water system that might be affected by a disposal site. Agency means any agency, authority, board, commission, department, office, or political subdivision of the federal, state or local government. Aliphatic Hydrocarbon Fraction means C5 through C8 Aliphatic Hydrocarbons, C9 through C12 Aliphatic Hydrocarbons, C9 through C18 Aliphatic Hydrocarbons, and C19 through C36 Aliphatic Hydrocarbons. Anthropogenic Background means those levels of oil and hazardous material that would exist in the absence of the disposal site of concern and which are: (a) attributable to atmospheric deposition of industrial process or engine emissions and are ubiquitous and consistently present in the environment at and in the vicinity of the disposal site of concern; (b) attributable to Historic Fill; (c) attributable to coal, coal ash, or wood ash, excluding ash landfills or wood ash resulting from the combustion of lumber or wood products that have been treated with chemical preservatives; (d) associated with sources specifically exempt from the definitions of disposal site or release, as those terms are defined in M.G.L. c. 21E, and 310 CMR 40.0006; (e) releases to groundwater from a public water supply system; or (f) petroleum residues that are incidental to the normal operation of motor vehicles. Applicant means any person who applies for, or who is required to apply for, a permit, or who applies for a TAG or on whose behalf an application for a permit or TAG is made. Application means any application, filing, notification or other submittal of documents in the required form to the Department to initiate a permit or TAG. Aquifer means a geologic formation, group of formations or part of a formation that is capable of yielding a significant amount of groundwater to wells or springs. Area of Critical Environmental Concern and ACEC each means an area which has been so designated by the Secretary of Environmental Affairs pursuant to 301 CMR 12.00: Areas of Critical Environmental Concern. Aromatic Hydrocarbon Fraction means C9 through C10 Aromatic Hydrocarbons and C11 through C22 Aromatic Hydrocarbons. As-built Construction Report means the document that is prepared in compliance with 310 CMR 40.0875. Assess and Assessment each means investigations, monitoring, surveys, testing and other information-gathering activities to identify: (a) the existence, source, nature and extent of a release or threat of release of oil and/or hazardous material; (b) the extent of risk or danger to the public health, safety, welfare and the environment; or 40.0006: continued (c) those persons liable under M.G.L. c. 21E, § 5. Assess and Assessment shall also include, without limitation, studies, services and investigations to plan, manage and direct assessments, containments and removals, to determine and recover the costs thereof and to otherwise accomplish the purposes of M.G.L. c. 21E, and/or 310 CMR 40.0000. Assess and Assessment shall not include removals, containments or remedial actions. Assessment Endpoint means a specific effect on a specific group of organisms that is evaluated in a quantitative environmental risk characterization. Audit means any activity conducted by the Department pursuant to 310 CMR 40.1100 with respect to a site to determine whether response actions which the Department has not directly overseen or performed have been conducted in accordance with M.G.L. c. 21E, 310 CMR 40.000, 310 CMR 40.0000 and any other laws, regulations, orders, permits and approvals applicable to such response actions. An audit may be conducted for all or any portion of a response action or site. Audit Follow-up Plan means a plan prepared by an LSP pursuant to 310 CMR 40.1100 to confirm, demonstrate or achieve compliance with M.G.L. c. 21E, and/or the MCP. Background means those levels of oil and hazardous material that would exist in the absence of the disposal site of concern, including both Natural Background and Anthropogenic Background. Best Management Practices for Non-commercial Gardening means current practices generally accepted bypractitioners of safe gardening methods that limit potential human exposure to OHM during gardening activities and as the result of consumption of fruits and vegetables grown in a non-commercial garden. Such practices include, but are not limited to: locating garden beds outside of areas affected by releases of OHM; gardening in raised beds above a barrier layer; use of soil and soil amendments unaffected by releases of OHM in garden beds; and covering adjacent areas to limit the transfer of OHM from windborne material into garden beds. Biota means plant or animal life. C5 through C8 Aliphatic Hydrocarbons means the cumulative concentration of all aliphatic hydrocarbon compounds with boiling points greater than 36EC and less than 150EC, as measured by chromatographic methods approved by the Department or equivalent procedures, excluding the individual compounds listed at 310 CMR 40.0974(2). C9 through C12 Aliphatic Hydrocarbons means the cumulative concentration of all aliphatic hydrocarbon compounds with boiling points equal to or greater than 150EC and less than 217EC, as measured bychromatographic methods approved bythe Department or equivalent procedures, excluding the individual compounds listed at 310 CMR 40.0974(2). C9 through C18 Aliphatic Hydrocarbons means the cumulative concentration of all aliphatic hydrocarbon compounds with boiling points equal to or greater than 150EC and less than 330EC, as measured bychromatographic methods approved bythe Department or equivalent procedures, excluding the individual compounds listed at 310 CMR 40.0974(2). C19 through C36 Aliphatic Hydrocarbons means the cumulative concentration of all aliphatic hydrocarbon compounds with boiling points equal to or greater than 330EC and less than 500EC, as measured bychromatographic methods approved bythe Department or equivalent procedures, excluding the individual compounds listed at 310 CMR 40.0974(2). C9 through C10 Aromatic Hydrocarbons means the cumulative concentration of all aromatic hydrocarbon compounds with boiling points greater than 169EC and equal to or less than 218EC, as measured bychromatographic methods approved bythe Department or equivalent procedures, excluding the individual compounds listed at 310 CMR 40.0974(2). 40.0006: continued C11 through C22 Aromatic Hydrocarbons means the cumulative concentration of all aromatic hydrocarbon compounds with boiling points greater than 218EC and equal to or less than 525EC, as measured bychromatographic methods approved bythe Department or equivalent procedures, excluding the individual compounds listed at 310 CMR 40.0974(2). Carcinogenic Slope Factor (CSF, also Cancer Slope Factor) means an estimate of the increased cancer risk from exposure to an oil or hazardous material (OHM), expressed as risk per unit dose of (mg OHM/kg-day). CAS means Chemical Abstract Service. CERCLAmeans the Comprehensive Environmental Response, Compensation, and LiabilityAct of 1980, 42 U.S.C. §§ 960l et seq. Chief Municipal Officer means the city manager in any city having a city manager, or the mayor in any other city; the town manager in any town having a town manager, or the chairman of the board of selectmen in any other town. Class A Surface Water Body means any segment of an inland or coastal surface water body so assigned "Class A" pursuant to 314 CMR 4.00: Massachusetts Surface Water Quality Standards. Coastal Waters means the Atlantic Ocean and all contiguous saline bays, inlets and harbors within the jurisdiction of the Commonwealth, including areas where fresh and salt waters mix and tidal effects are evident or any partially enclosed coastal body of water where the tide meets the current of a stream or river. Commissioner means the Commissioner of the Department of Environmental Protection. Community means any city or town of the Commonwealth. Completion Statement means the LSP Opinion including, but not limited to, applicable scopes of work, plans and reports required by: (a) 310 CMR 40.0427 upon completion of an Immediate Response Action; (b) 310 CMR 40.0446 upon completion of a Release Abatement Measure; (c) 310 CMR 40.0466 upon completion of a Utility-related Abatement Measure; (d) 310 CMR 40.1140 upon completion of response actions required by an Audit Follow-up Plan; (e) 310 CMR 40.0484 upon completion of Phase I; (f) 310 CMR 40.0836 upon completion of Phase II; (g) 310 CMR 40.0862 upon completion of Phase III; (h) 310 CMR 40.0879 upon completion of Phase IV; (i) 310 CMR 40.0893 upon completion of Phase V; and (j) any other permit, approval or order issued by the Department. Compliance Assistance means any service rendered by the Department to assist any person performing a response action to confirm, demonstrate or achieve compliance with M.G.L. c. 21E, 310 CMR 40.0000 and other laws, regulations, orders, permits and approvals applicable to such response actions. Comprehensive Remedial Action means any remedial action performed in accordance with 310 CMR 40.0800. Comprehensive Remedial Alternative means a measure or combination of measures identified and evaluated in accordance with 310 CMR 40.0850 for its effectiveness in reducing, mitigating or eliminating risk posed by a disposal site. Comprehensive Response Action means any response action performed in accordance with 310 CMR 40.0800. 40.0006: continued Compressed Gas means any material or mixture that is in a container and that, while in the container, has an absolute pressure exceeding 40 pounds per square inch at 70EF or, regardless of the pressure at 70EF, has an absolute pressure exceeding 104 pounds per square inch at 130EF. Conceptual Site Model or CSM means a site-specific description of how contaminants entered the environment, how contaminants have been and may be transported within the environment, and routes of exposure to human and environmental receptors that provides a dynamic framework for assessing current and foreseeable future site characteristics and risk, identifying and addressing data gaps and managing uncertainty, eliminating or controlling contaminant sources, developing and conducting response action strategies, and evaluating whether those strategies have been effective in achieving desired endpoints. At sites at which NAPL is or may be present, this includes the body of fundamental scientific principles describing the behavior of fluid flow in porous media necessary to assess NAPL in subsurface strata. Condition of Substantial Release Migration (SRM) means a 72-hour notification condition at a disposal site that is further defined at 310 CMR 40.0313(4) and includes any of the following: (a) releases that have resulted in the discharge of separate-phase oil and/or separate-phase hazardous material to surface waters, buildings, or underground utilities or conduits; (b) releases to the ground surface or to the vadose zone that, if not promptly removed or contained, are likely to significantly impact the underlying groundwater, or significantly exacerbate an existing condition of groundwater pollution; (c) releases to the groundwater that have migrated or are expected to migrate more than 200 feet per year; (d) releases to the groundwater that have been or are within one year likely to be detected in a public or private water supply well; (e) releases to the groundwater that have been or are within one year likely to be detected in a surface water body, wetland, or public water supply reservoir; or (f) releases to the groundwater or to the vadose zone that have resulted or have the potential to result in the discharge of vapors into a School, Daycare or Child Care Center or occupied Residential Dwelling. Conditions means those requirements set forth in a written determination issued by the Department for the purpose of permitting, regulating or prohibiting any activity pursuant to M.G.L. c. 21E, and/or 310 CMR 40.0000. Construction Plans and Specifications means any document that is prepared in accordance with 310 CMR 40.0870. Contain and Containment each means actions taken in response to a release or threat of release of oil or hazardous material to prevent or minimize such release so that it does not migrate or otherwise cause or threaten substantial danger to present or future health, safety, public welfare or the environment. The term shall also include security measures including, without limitation, the building of fences for the purpose of limiting and restricting access to a site or vessel where there has been a release or there is a threat of a release of oil or hazardous material. Containerized Waste means discarded oil and/or hazardous material at a site, that is contained in drums, tanks, engineered impoundments or other fabricated containers including, without limitation: (a) discarded oil and/or hazardous material that was generated at a site as a result of manufacturing industrial, commercial or other process-related activities, and (b) discarded oil and/or hazardous material discovered, managed, generated or accumulated as part of a response action. Contaminated Media and Contaminated Debris do not become Containerized Waste when placed in such containers. Contaminated Debris means any debris that contains oil and/or hazardous material associated with a release for which notification is required by 310 CMR 40.0300 and 310 CMR 40.1600. 40.0006: continued Contaminated Groundwater means groundwater containing oil and/or hazardous material at concentrations equal to or greater than a release notification threshold established by 310 CMR 40.0300 and 310 CMR 40.1600. Contaminated Media means Contaminated Groundwater, Contaminated Sediment, Contam­ inated Soil and/or Contaminated Surface Water. Contaminated Sediments means sediments containing oil and/or hazardous material associated with a release for which notification is required by 310 CMR 40.0300 and 310 CMR 40.1600. Contaminated Soil means soil containing oil and/or hazardous material at concentrations equal to or greater than a release notification threshold established by 310 CMR 40.0300 and 310 CMR 40.1600. Contaminated Surface Water means surface water containing oil and/or hazardous material associated with a release for which notification is required under 310 CMR 40.0300 and 310 CMR 40.1600. Critical Exposure Pathwaysmean those routes bywhich oil and/or hazardous material(s) released at a disposal site are transported, or are likely to be transported, to human receptors via: (a) vapor-phase emissions of measurable concentrations of oil and/or hazardous materials into the living or working space of a preschool, daycare, school or occupied residential dwelling; or (b) ingestion, dermal absorption or inhalation of measurable concentrations of oil and/or hazardous materials from drinking water supply wells located at and servicing a preschool, daycare, school or occupied residential dwelling. Cumulative Receptor Cancer Risk means 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 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 Drinking Water Source Area means groundwater located: (a) within the Zone II for a public water supply; (b) within the Interim Wellhead Protection Area for a public water supply; (c) within the Zone A of a Class A surface water body used as a public water supply, excluding emergency sources approved by the Department under the provisions of M.G.L. c. 21G; or (d) within 500 feet of a private water supply well. Daycare or Child Care Center means a facility operated on a regular basis whether known as a daycare, child nursery, nursery school, kindergarten, child play school, progressive school, child development center, preschool, or known under anyother name, which receives children younger than seven years old, or younger than 16 years old if these children have special needs, for non-residential custody and care during part or all of the day separate from the parents or other persons responsible for the children. Daycare or Child Care Center shall not include: any part of a public school system; any part of a private organized educational system, unless the services of such a system are primarily limited to kindergarten, nursery or related preschool services; a facility operated by a religious organization where children are cared for during short periods of time while parents or other persons responsible for the children are attending religious services; a facility within or attached to a commercial facility where children are cared for during short periods of time while parents or other persons responsible for the children are engaged in work or other activities; an informal cooperative arrangement among neighbors or relatives; or the occasional care of children with or without compensation. 40.0006: continued Debris means solid material that is a manufactured object, plant or animal matter that is intended for disposal or is otherwise no longer serving its intended use. The term shall include demolition and construction waste, hay, vegetation and other organic and inorganic absorbent materials used to contain or absorb releases of oil and/or hazardous material. The term shall not include: (a) any material for which a specific treatment standard is provided in CFR Part 268, subpart D of the Code of Federal Regulations; or (b) process residuals such as smelter slag and residues from the treatment of waste, wastewater, sludges or air emission residues. Demolition and Construction Waste means any waste materials and rubble resulting from the construction, remodeling, repair or demolition of buildings, pavement, roads or other structures. Demolition and Construction Waste includes, but is not limited to, concrete, bricks, lumber, masonry, road paving materials, rebar and plaster. Dense Nonaqueous Phase Liquid and DNAPL each means NAPL that has a specific gravity greater than one. Department and DEP each means the Department of Environmental Protection. Determination means any oral or written decision, that is made by the Department in accordance with M.G.L. c. 21E, and/or 310 CMR 40.0000 with regard to response actions and that is not an order issued pursuant to M.G.L. c. 21E, §§ 9 or 10, or a permit. DDD means 2,2-bis(p-chlorophenyl)-1,1-dichloroethane. DDE means dichlorodiphenyldichloroethylene. DDT means 1,1,1-trichloro-2,2-bis(p-chlorophenyl)ethane. Direct Hours means time expended by employees of the Department in planning, managing, directing or performing response actions, or otherwise ensuring compliance with the requirements of M.G.L. c. 21E, and/or 310 CMR 40.0000, with respect to a specific site. Discharge means any addition, direct or indirect, of oil and/or hazardous material at or from a disposal site to anywaters of the Commonwealth, POTW, sewer system, or Non-publiclyOwned Treatment Works, or to the ground surface or subsurface, that results from the management of Remedial Wastewater, Remedial Additives and/or groundwater pursuant to 310 CMR 40.0000. Disposal Site means any structure, well, pit, pond, lagoon, impoundment, ditch, landfill or other place or area, excluding ambient air or surface water, where uncontrolled oil and/or hazardous material has come to be located as a result of any spilling, leaking, pouring, abandoning, emitting, emptying, discharging, injecting, escaping, leaching, dumping, discarding or otherwise disposing of such oil and/or hazardous material. The term shall not include any site containing only oil or hazardous materials which: are lead-based paint residues emanating from a point of original application of such paint; resulted from emissions from the exhaust of an engine; are building materials still serving their original intended use or emanating from such use; or resulted from release of source, byproduct or special nuclear material from a nuclear incident, as those terms are defined in 42 U.S.C. § 2014, if such release was subject to requirements with respect to financial protection established by the Nuclear Regulatory Commission under 42 U.S.C. § 2210. District means a fire, water, sewer, water pollution abatement, refuse disposal, light, school, economic development or improvement district, conservation or any other district, howsoever named, formed for the purpose of carrying out any of the aforementioned functions, whether established under general law or special act. Document means writings or recordings of any nature including, but not limited to, waste site cleanup activity opinions, applications, contracts, agreements, notices, communications, correspondence, memoranda, records, reports, petitions, plans, specifications, registers, books, logs, summaries, data, statistical statements, work papers, drafts, copies, graphs, charts, analytical records, journals, financial statements, and all other written, printed, recorded, electronic, magnetic or photographic matter, however produced or reproduced. 40.0006: continued 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. Downgradient Property means a parcel of land which is located downgradient of the parcel of land which is the source of a release which has come to be located thereon. Eligible Person means an owner or operator of a site or a portion thereof from or at which there is or has been a release of oil or hazardous material who: (a) would be liable under M.G.L. c. 21E, § 5(a)(1) solely; and (b) did not cause or contribute to the release of oil or hazardous material from or at the site and did not own or operate the site at the time of the release. Eligible Tenant means a person who acquires occupancy, possession or control of a site, or a portion thereof, after a release of oil or hazardous material from or at such site has been reported to the department, who did not cause or contribute to the release and who would not otherwise be liable pursuant to M.G.L. c. 21E, § 5(a)(2) through (5). Endangered Species means those vertebrate and invertebrate animal species officially listed as endangered by the Massachusetts Division of Fisheries and Wildlife under 321 CMR 10.00: Massachusetts Endangered Species Act Regulations. Engineered Barrier means a permanent cap with or without a liner that is designed, constructed and maintained in accordance with the requirements of 310 CMR 40.0998 and 310 CMR 40.0000. Environment means waters, land, surface or subsurface strata, or ambient air of the Commonwealth. Environmental Monitor means the publication of that name issued by the Executive Office of Energy and Environmental Affairs pursuant to 301 CMR 11.15: Public Notice and the Environmental Monitor. Environmental Receptor means any living organism, other than humans, and/or any habitat which supports such organisms, and/or any other natural resource which comes into contact with oil and/or hazardous material as a result of a release to the environment. Environmental Restriction means a restriction or other covenant concerning the use of property that is held or imposed by the Department pursuant to M.G.L. c. 21E, § 6. EOEEA means the Massachusetts Executive Office of Energy and Environmental Affairs. EPA means the U.S. Environmental Protection Agency. Excess Lifetime Cancer Risk means the estimated probability that an individual's exposure during a lifetime to an oil or hazardous material could result in cancer. Exposure means any contact with or ingestion, inhalation or assimilation of oil and/or hazardous material including, without limitation, irradiation. Exposure Pathway means 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 Pathway Mitigation Measure means a Remedial Action directed at an Exposure Pathway that eliminates or reduces exposure to oil and/or hazardous material by human or ecological receptors. See also Active Exposure Pathway Mitigation Measure, and Passive Exposure Pathway Mitigation Measure. 40.0006: continued Exposure Point means 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 the concentration of oil or hazardous material in a specific medium which a human or environmental receptor may contact at an Exposure Point. Fee means a permit application fee for a Bureau of Waste Site Cleanup permit or an annual compliance assurance fee payable in accordance with M.G.L. c. 21E, § 3B, 310 CMR 4.00: Timely Action Schedule and Fee Provisions and 310 CMR 40.0000. Fill Material means soil, sediments, rock and/or stone obtained off-site that is used to fill holes or depressions, create mounds or otherwise artificially change the grade or elevation of real property. Final Inspection Report means the document that is required by 310 CMR 40.0870. Fish Habitat means any surface water body that serves as a habitat for fresh or marine fauna including, but not limited to, crustacean, fin fish and shellfish. Flammable Range means the difference between the minimum and maximum volume percentages of the material in air that forms a flammable ignitable compressed gas. Force Majeure means any act or occurrence, beyond the reasonable control of a RP, PRP or Other Person, and without the fault of such person, directly affecting the ability of the RP, PRP or Other Person to comply with any deadline or time period imposed by M.G.L. c. 21E, 310 CMR 40.0000 or any order or determination issued by the Department pursuant to M.G.L. c. 21E, or 310 CMR 40.0000, which event could not have been prevented, avoided or overcome by the exercise of due care, foresight or due diligence on the part of such person. Such force majeure events may include, but are not limited to, acts of God, fires, floods, strikes, labor actions, an order of court, a prohibition or inability arising under a federal, state or local statute, regulation, code, ordinance or by-law, acts of a public enemy, war embargo, insurrection, riot, the condemnation, taking, seizure or involuntary conversion of a site or any part thereof by the action of any federal, state or local governmental body, or any delay which results from inability to secure access to the site if the cause of the inability is not within the person's reasonable control. Legal, technical and financial inability, or increased costs or expenses associated with performance of any action called for by 310 CMR 40.0000 or an order issued by the Department, shall not be considered a force majeure. Freshwater Environment (Reserved) Grant Agreement means the document which, upon signature by the Commissioner and the Technical Assistance Grant Applicant or the authorized representative of the applicant, constitutes a binding agreement containing the terms and conditions of a Technical Assistance Grant and the obligations of the Department and the Grantee. Grantee means a person or group of persons who has been awarded a Technical Assistance Grant in accordance with 310 CMR 40.1400. Groundwater means any water below the earth's surface in the zone of saturation. Habitat means the area or type of environment in which an organism or biological population normally lives or occurs including, without limitation, wetland habitat, woodland habitat, grassland habitat and mountain habitat. Hazard Index means a calculation of the possibility of non-cancer health effects as the result of exposure to one or more oil or hazardous materials with the same or similar modes of toxic action or toxic endpoints. The Hazard Index (HI) is defined as: HI = D1 /AD1 + D2 /AD2 + ... + Di/ADi where D is the daily dose (or daily concentration) for a particular oil or hazardous material, and AD is the allowable daily dose (or allowable daily concentration) for a particular oil or hazardous material specified by the Department. The allowable daily concentration is the Reference Concentration or other allowable daily concentration specified by the Department. 40.0006: continued Hazard Quotient means a calculation of the possibility of non-cancer health effects as the result of exposure to an oil or hazardous material. The Hazard Quotient (HQ) is defined as: HQ = D/AD where D is the daily dose (or daily concentration) for the oil or hazardous material and AD is the allowable daily dose (or allowable daily concentration) for the oil or hazardous material specified by the Department. The allowable daily concentration is the Reference Concentration or other allowable daily concentration specified by the Department. Hazardous Material means 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 a waste, or combination of wastes, which because of its quantity, concentration, or physical, chemical or infectious characteristics may cause, or significantly contribute to an increase in serious irreversible, or incapacitating reversible illness or pose a substantial present or potential hazard to human health, safety, public welfare or the environment when improperly treated, stored, transported, used or disposed of, or otherwise managed, however, not to include solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under the Federal Water Pollution Control Act of 1967, section 402, or source, special nuclear, or by-product material as defined by the Atomic Energy Act of 1954, as further described in 310 CMR 30.000: Hazardous Waste. Headspace Screening Method means an analytical screening procedure which relies upon the mass transfer of volatile oil and/or hazardous material from a solid or liquid test sample to an overlying confined space. Historic Fill means Fill Material that based on the weight of evidence and consistent with the Conceptual Site Model: (a) was emplaced before January 1, 1983; (b) may contain, but is not primarily composed of, construction and demolition debris, dredge spoils, coal ash, wood ash or other solid waste material; (c) was contaminated with metals, hydrocarbons, and/or polycyclic aromatic hydrocarbons prior to emplacement, at concentrations consistent with the pervasive use and release of such materials prior to 1983; (d) does not contain oil or hazardous materials originating from operations or activities at the location of emplacement; (e) is not and does not contain a generated hazardous waste, other than Oil or Waste Oil; (f) does not contain chemical production waste, manufacturing waste, or waste from processing of metal or mineral ores, residues, slag or tailings; and (g) does not contain waste material disposed in a municipal solid waste dump, burning dump, landfill, waste lagoon or other waste disposal location. Hot Spot means a discrete area where the concentrations of oil or hazardous material are substantially higher than those present in the surrounding area. A Hot Spot shall be identified based on consideration of both the concentration of an oil or hazardous material within a contaminated area and the spatial pattern of that contamination. The areal extent and spatial pattern of a hot spot may be determined through the analytical results from multiple samples taken within the area, or the results of limited sampling in combination with other knowledge about the release, such as the presence of discoloration, odors or a defined source area. Discrete areas where the average concentration within the area is greater than ten but less than one hundred times the average concentration in the immediate surrounding area is a Hot Spot, unless there is no evidence that the discrete area would be associated with greater exposure potential than the surrounding area. In all cases, a discrete area where the concentration of an oil or hazardous material is greater than one hundred times the concentration in the surrounding area shall be considered a Hot Spot. In no case shall concentrations of oil or hazardous material equal to or less than an applicable Method 1 standard be considered indicative of a Hot Spot. 40.0006: continued Hourly Rate of Compensation and Hourly Rate each means the total compensation per hour provided to an employee or contractor of the Department. With respect to employees of the Department, it is calculated by dividing the weekly pay rate of an employee by the authorized number of weekly hours of the employee, excluding over-time hours, and multiplying the resulting figure by a factor which reflects the average cost of paid leave, health insurance and pension benefits. With respect to contractors employed by the Department, it is the hourly rate for the employee established by the contract between the Department and the contractor or the employer of the contractor. Human Receptor means a person who is likely to be affected by a site, as further described in 310 CMR 40.0900. Immediate Response Action and IRA each means any response action performed in accordance with 310 CMR 40.0410. Imminent Hazard means a hazard which would pose a significant risk of harm to health, safety, public welfare or the environment if it were present for even a short period of time, as further described in 310 CMR 40.0950. Imminent Hazard Evaluation means an evaluation performed in accordance with 310 CMR 40.0951 through 310 CMR 40.0955. Indirect Rate means a rate which reflects the average cost per hour of services provided by Department employees, and expenses incurred by the Department, in support of Direct Hours. The Indirect Rate includes, but is not limited to, time spent by Department employees performing management, administrative, clerical, training, fiscal management, information management, laboratorycertification, qualityassuranceand qualitycontrol duties, and non-labor overhead expenses, including office space and equipment rentals, office supplies, telephone bills, field and laboratory equipment, training expenses, utility service, maintenance and repairs, printing and travel, medicare, unemployment insurance and workers' compensation payments. Influent means any flow of Remedial Wastewater or groundwater into treatment works. Informal conference means a conference not subject to those provisions of M.G.L. c. 30A, § 10, governing adjudicatory proceedings. Initial Site Investigation Activities means any activity performed in accordance with 310 CMR 40.0405(1). Innovative technology means technology which is state-of-the-art and/or experimental. Institution means any publicly or privately owned hospital, health care facility, orphanage, nursing home, convalescent home, educational facility, or correctional facility, where such facility in whole or in part provides overnight housing. Interim Deadline means a deadline established by the Department pursuant to M.G.L. c. 21E, § 3A(j), and 310 CMR 40.0167, other than a deadline that is either expressly set forth in 310 CMR 40.0000 or determined by reference to a specific provision in 310 CMR 40.0000. Interim Wellhead Protection Area ("IWPA") means: (a) with respect to public water supply wells and wellfields whose pumping rate is 100,000 gallons per day or greater and for which the Department has not approved a hydrologically delineated Zone II, the ½ mile radius surrounding such well or wellfield; and (b) with respect to public water supply wells and wellfields whose pumping rate is less than 100,000 gallons per day and for which the Department has not approved a hydrologically delineated Zone II, the radius calculated by multiplying the maximum pumping rate in gallons per minute for such well or wellfield by 32 and adding 400 feet thereto (i.e. IWPA = 32y + 400; where y = pumping rate in gallons per minute). 40.0006: continued Knowledge means: (a) actual knowledge; or (b) knowledge a person acting in a reasonably prudent and intelligent manner would have, but for that person's willful, knowing or negligent avoidance of learning about the fact or facts in question. In determining whether a person has acted in a reasonably prudent and intelligent manner, any specialized knowledge or training possessed by that person and the circumstances surrounding the fact or facts in question shall be taken into account. Known Source means, for the purposes of the Downgradient Property Status provisions at 310 CMR 40.0189, the original location of a release that has migrated in or on groundwater or surface water to a downgradient or downstream property, as established by a preponderance of credible scientific and technical evidence. Lake means any open body of fresh water with a surface area of ten acres or more, including, without limitation, Great Ponds. Leaching means the percolation or draining of liquid through oil and/or hazardous material. Licensed Site Professional and LSP each means a hazardous waste site cleanup professional, as defined in M.G.L. c. 21A, § 19, holding a valid license issued by the Board of Registration of Hazardous Waste Site Cleanup Professionals pursuant to M.G.L. c. 21A, §§ 19 through 19J. Lien Notice means a written notice that the Department intends to perfect a lien pursuant to M.G.L. c. 21E, § 13. Light Nonaqueous Phase Liquid and LNAPL each means NAPL that has a specific gravity equal to or less than one. Limited Removal Action and LRA each means a response action performed in accordance with 310 CMR 40.0318. Living or Working Space means finished and unfinished space within a Daycare or Child Care Center, School or Residential Dwelling, where there is evidence of the potential for more than incidental use (use for more than one hour at a time). Crawl spaces and basements with only incidental use, such as storage or periodic laundry, are not considered Living or Working Space. Lower Explosive Limit and LEL each means the concentration of oil and/or hazardous material in air below which a flame will not propagate if the mixture is ignited. LSP Evaluation Opinion means an LSP Opinion submitted to the Department in accordance with 310 CMR 40.0600. LSP-of-record means each Licensed Site Professional who has rendered an LSP Opinion submitted to the Department with respect to a specific site, unless and until such person notifies the Department in writing that he or she is no longer engaged or employed in his or her capacity as a Licensed Site Professional with respect to such site. LSP Opinion and Opinion each means a "waste site cleanup activity opinion," as that phrase is defined in M.G.L. c. 21A, § 19, that has been submitted to the Department. LSP Tier Classification Opinion means the LSP Opinion rendered in accordance with 310 CMR 40.0500. Manage means any direction or control over the management of Remediation Waste, Remedi-al Wastewater, Remedial Additives, or Containerized Waste at or from a disposal site. 40.0006: continued Management means the act, manner or practice of managing, handling or controlling Remediation Waste, Remedial Wastewater, Remedial Additives, Remedial Additive By­ products, and/or Containerized Waste at or from a disposal site including, but not limited to, any excavation, pumping, pouring, emission, containment, dumping, emptying, discarding, injection, discharge, displacement, collection, transportation, withdrawal, storage, treatment, detoxification, reuse, immobilization, solidification, incineration, encapsulation, removal, recycling, or disposal of such additives, waste or wastewater. Marine Environment (Reserved) Massachusetts Contingency Plan and MCP each means 310 CMR 40.0000. Measurement Endpoint means the result of a measurement that is used to evaluate an assessment endpoint. MEPA means the Massachusetts Environmental Policy Act, M.G.L. c. 30, §§ 61 through 62H, and 301 CMR 11.00: MEPA Regulations. Method 3 Ceiling Limits or M3CLs means concentrations of oil and/or hazardous material in soil or groundwater at the disposal site which, if exceeded under the conditions specified in 310 CMR 40.0996, constitute a significant risk of harm to public welfare and the environment under future conditions. This term replaces the term Upper Concentration Limits as in effect prior to March 1, 2024. Migration Pathway means a pathway by which oil and/or hazardous material is transported at or from a disposal site. Modifying Factor (MF) means a factor greater than zero and less than or equal to ten by which a no-observed-adverse-effect level is divided to estimate a Reference Dose. The MF reflects qualitative professional judgments regarding scientific uncertainties not covered under the standard Uncertainty Factors, such as the completeness of the overall data base and the number of animals in the experimental study. Monitored Natural Attenuation means a systematically designed and monitored Comprehensive Remedial Action that employs physical, chemical, and/or biological processes under favorable conditions to act without human intervention and primarily through degradation mechanisms to reduce the mass, toxicity, mobility, volume or concentration of contaminants in soil or groundwater, as described in publications by EPA, the Department and other sources that are generally accepted by professionals conducting response actions. 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. NAPL with Micro-scale Mobility means a NAPL with a footprint that is not expanding, but which is visibly present in the subsurface in sufficient quantities to migrate or potentially migrate as a separate phase over a short distance and visibly impact an excavation, boring or monitoring well. National Contingency Plan and NCP each means 40 CFR Part 300, as amended. National Priorities List and NPL each means the National Priorities List published by the U.S. Environmental Protection Agency pursuant to CERCLA. Natural Background means those levels of oil and hazardous material that would exist in the absence of the disposal site of concern, are ubiquitous and consistently present in the environment at and in the vicinity of the disposal site of concern, and are attributable to geologic or ecological conditions. Nonaqueous Phase Liquid and NAPL each means oil and/or hazardous material that is present in the environment as a separate phase liquid. Non-potential Drinking Water Source Area means: (a) any Potentially Productive Aquifer or portion thereof which underlies land which has been developed for one or more of the following uses as of January 1, 1996: 40.0006: continued 1. Industry, including: a. heavy industry with facilities that manufacture, store and assemble raw or partially processed products; b. light industry with facilities that manufacture or assemble smaller, partially processed products); and c. warehouses and transportation facilities for bulk products; 2. Commerce, including stores, hotels, offices, shopping centers, restaurants, theaters, parking garages/lots and buildings used to distribute and sell goods and services; 3. Dense residential development and associated uses, including: a. garden apartments (and attached recreational facilities); b. tenements, town or row houses and apartment buildings with associated retail uses; c. high density urban residential development with one to four families housed on lots less than ¼ acre in size; and d. mobile home parks. 4. Transportation and associated liquid storage facilities, including: a. airports with paved landing strips, hangars, parking areas and related facilities (excluding small airfields without paved landing strips, hangars or other specialized facilities); b. docks, warehouses and related land-based storage facilities for water transportation and commercial fishing; c. rail yards, terminal freight and storage facilities, and rail stations for passengers; d. terminal freight and storage facilities for truck freight; e. bus terminals; and f. divided highways with a right-of-way wider than 200 feet; 5. Urban open space, including: a. open undeveloped land in the midst of urban areas or adjacent to them, including land that has been cleared for urban development; b. buildings with grounds and green space which are used by Institutions to serve large numbers of people (e.g., schools, hospitals, prisons); and c. cemeteries. 6. Active or closed solid waste landfills permitted pursuant to 310 CMR 19.00: Solid Waste Management, and landfills receiving only wastewater residuals and/or septage (wastewater residuals "monofills") approved bythe Department pursuant to M.G.L. c. 21, §§ 26 through 53; M.G.L. c. 111, § 17; and M.G.L. c. 83, §§ 6 and 7 and any regulations promulgated thereunder. (b) such developed land described in 310 CMR 40.0006: Non-potential Drinking Water Source Area(a) shall encompass an area at least 100 acres in size, but may include areas that have not been developed for the above-listed uses, provided that the land that has not been developed for the above-listed uses is: 1. less than 100 acres in size, and 2. completely surrounded by areas that have been developed for one or more of the above-listed uses. (c) those portions of Potentially Productive Aquifers that underlie block groups (defined by the U.S. Census Bureau) identified by the most recent U.S. Census as having a population density equal to or greater than 4,400 persons per square mile; or (d) any aquifer or portion of an aquifer categorized as a Non-potential Drinking Water Source Area pursuant to 310 CMR 40.0932(5)(c). Non-publicly Owned Treatment Works means any device or system used in the treatment (including recycling and reclamation) of sewage or industrial wastes of a liquid nature which is not publicly owned. A Non-publicly Owned Treatment Works includes any sewers, pipes, or other conveyances only if they convey wastewater to a Non-publicly Owned Treatment Works providing treatment. Non-stable NAPL means a NAPL with a footprint that is expanding laterally or vertically by: (a) migrating along or within a preferred flow path; (b) discharging or periodically discharging to a building, utility, drinking water supply well, or surface water body; or (c) spreading as a bulk fluid through or from subsurface strata. No Further Action Letter means a document submitted to the Department upon the completion of all response actions required by 310 CMR 40.000, as effective prior to October 1, 1993. 40.0006: continued No Significant Risk means 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. No Substantial Hazard means 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 Substantial Hazard to health, safety, public welfare, or the environment. Notice of Activity and Use Limitation means a written notice of the activities, uses and/or exposures that provide the basis for a Permanent Solution or Temporary Solution Statement, as further described in 310 CMR 40.1074 through 40.1099. Notice of Audit means a written or verbal notice given to a person by the Department that communicates that the Department intends to audit that person or a response action or site. Notice of Intent to Assess a Civil Administrative Penalty and PAN each means a written notice given to a person that states that the Department is seeking to assess a civil administrative penalty pursuant to M.G.L. c. 21A, § 16, and 310 CMR 5.00: Administrative Penalty. Notice of Noncompliance and NON each means a written notice given to a person by the Department that states that said person has failed to comply on any specified occasion with any described requirement, as further described in 310 CMR 5.12: Notice of Noncompliance. Notice of Response Action and NORA each means a notice from the Department to a person informing the person of the Department's intent to undertake one or more response actions. Notice of Responsibility and NOR each means a notice from the Department to a person informing such person of his or her potential liability pursuant to M.G.L. c. 21E, § 5. Notification Requirements means the requirements for providing notification to the Department: (a) of releases, and threats of release, of oil and/or hazardous material and Imminent Hazards set forth in 310 CMR 40.0300; and/or (b) of changes in activities, uses and/or exposures set forth in 310 CMR 40.0020. NPL Site means a disposal site published on the National Priorities List by EPA. OHM means oil and/or hazardous material. Oil means insoluble or partially soluble oils of any kind or origin or in any form, including, without limitation, crude or fuel oils, lube oil or sludge, asphalt, insoluble or partially insoluble derivatives of mineral, animal or vegetable oils and white oil. The term shall not include waste oil, and shall not include those substances which are included in 42 U.S.C. § 9601(14). Oil facilitymeans a structure, group of structures, equipment, or device, including a public vessel but not including any other type of vessel, that is used for one or more of the following purposes: exploring for, drilling for, producing, storing, handling, transferring, processing, or transporting oil. This definition shall include, without limitation, any motor vehicle, rolling stock, or pipeline used for one or more of the purposes set forth in the preceding sentence. On-site Worker means a person employed full- or part-time at a property or properties at which a disposal site is located. On-site worker does not refer to workers engaged specifically in disposal site remediation activities. Operations, Maintenance and/or Monitoring Plans means the document that is prepared in accordance with 310 CMR 40.0870. 40.0006: continued Other Person means a person who undertakes a response action who is not a RP or PRP. Outstanding Resource Waters means waters in the Commonwealth given a protected status due to their ecological, socioeconomic, recreational, and/or aesthetic value pursuant to 314 CMR 4.04(3). Overhead means non-labor overhead expenses. It includes, but is not limited to, space and equipment rentals, office supplies, telephones, field and lab equipment, utilities, maintenance and printing. The hourly rate used in these provisions will be that calculated for the Department's fees set forth in 310 CMR 4.00: Timely Action Schedule and Fee Provisions. Oxidizer means a material that yields oxygen readily to stimulate the combustion of organic matter; e.g., chlorate, permanganate, peroxide, nitrocarbonitrate, or inorganic nitrate. Park, Playground and Recreation Area each means land set aside for use by the public for athletic, recreational or leisure activities. Passenger Vehicle means a two-, three-, or four-wheeled conveyance used solely for non-commercial purposes. Passive Exposure Pathway Mitigation Measure means a type of Exposure Pathway Mitigation Measure that does not rely upon the continual or periodic use of an on-site or in-situ mechanical or electro-mechanical device. Periodic Review Opinion means an LSP Opinion that is prepared in accordance with 310 CMR 40.1050. Permanent Solution means a measure or combination of measures which will, when implemented, ensure attainment of a level of control of each identified substance of concern at a disposal site or in the surrounding environment such that no substance of concern will present a significant risk of damage to health, safety, public welfare, or the environment during any foreseeable period of time. Permanent Solution Statement means an LSP Opinion submitted to the Department to document the achievement of a Permanent Solution in accordance with 310 CMR 40.1000. PCBs means polychlorinated biphenyls. Permit means any permit, license, certificate, registration, plan approval, variance or other approval issued, or required, by the Department pursuant to M.G.L. c. 21E and 310 CMR 40.0000. Permittee means a person authorized to perform response actions required by M.G.L. c. 21E and/or 310 CMR 40.0000 pursuant to a valid permit issued by or filed with the Department. Person means any agency or political subdivision of the federal government or state; any state, public or private corporation or authority; any interstate body, foreign nation, individual, trust, firm, joint stock company, partnership, association or other entity; any officer, employee, or agent of such person; and any group of persons. 40.0006: continued Phase Report means a Phase I Report prepared in accordance with 310 CMR 40.0483, Phase II Report prepared in accordance with 310 CMR 40.0835, Phase III Remedial Action Plan prepared in accordance with 310 CMR 40.0861, Phase IV Remedy Implementation Plan prepared in accordance with 310 CMR 40.0874, Phase IV As-Built Construction Report prepared in accordance with 310 CMR 40.0875, Phase IV Operation, Maintenance and Monitoring Plan prepared in accordance with 310 CMR 40.0874(3)(d), Final Inspection Report prepared in accordance with 310 CMR 40.0878, Phase IV Status and Remedial Monitoring Report prepared in accordance with 310 CMR 40.0877, and Phase V Status and Remedial Monitoring Report prepared in accordance with 310 CMR 40.0892. Pilot Test means a test designed to acquire information on the anticipated performance of a remedial system. A Pilot Test shall be considered assessment if it is conducted and completed within 21 consecutive days, excluding time required for sample analyses, and involves only soil vapor, Nonaqueous Phase Liquid and/or groundwater extraction, otherwise it shall be considered remediation. Playground (see Park) Point Source means a discernible, confined and discrete conveyance, including, but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock or vessel from which oil and/or hazardous material is or may be discharged. Pond means any coastal or inland pond, as defined in 310 CMR 10.04: Pond. Potential Drinking Water Source Area means groundwater located: (a) 500 feet or more from a public water supply distribution pipeline, unless the groundwater is located under a parcel of land or a facility where any portion of that parcel of land or facility is located less than 500 feet from a public water supply distribution pipeline. (b) within an area designated by a municipality specifically for the protection of groundwater quality to ensure its availability for use as a source of potable water supply. Such designation shall be in the form of: 1. a local ordinance or bylaw adopted by the municipality (e.g., an Aquifer Protection District or Zone); 2. an intermunicipal agreement approved by the municipal legislative body; or 3. an executed inter-governmental contract for the purchase or sale of drinking water (e.g., a contract between a public authority supplying water and a municipality); or (c) within a Potentially Productive Aquifer that has not been excluded as a Non-Potential Drinking Water Source Area. Potentially Productive Aquifer means: (a) all aquifers delineated by the U.S. Geological Survey (USGS) as a high or medium yield aquifer; and (b) all aquifers located east of the Cape Cod Canal (Cape Cod), on the Elizabeth Islands, on Martha's Vineyard, or on Nantucket. Potentially Responsible Party and PRP each means a person who is potentially liable pursuant to M.G.L. c. 21E. ppm means parts per million. Private Water Supply Well means a well which is utilized by a private water system. For purposes of 310 CMR 40.0000, the phrase "private water system" is used to refer to a system for the provision of piped water for human consumption which has fewer than 15 service connections or does not regularly serve an average of at least 25 individuals daily at least 60 days of the year. 40.0006: continued Professional Services means the rendering of LSP Opinions, and services associated with the rendering of LSP Opinions, by a Licensed Site Professional who has either: (a) in the case of an LSP Opinion related to an assessment: 1. managed, supervised or actually performed such assessment, or 2. periodically observed the performance by others of such assessment; or (b) in the case of an LSP Opinion related to a containment or removal: 1. managed, supervised or actually performed such action, or 2. periodically reviewed and evaluated the performance by others of such action. Property Interest means, for purposes of 310 CMR 40.1250, an interest in property held by an owner, mortgagee or holder of a leasehold interest, holder of rights under an easement or other recorded instrument affecting title to property, or holder of a security interest or lien. Protected Open Space means (a) any federal, state or local government-protected open space including, but not limited to, parks, forests and watershed lands; (b) any land used for conservation purposes by a nonprofit corporation, such as the Massachusetts Audubon Society, the Trustees of Reservation (excluding land held for its historic value only) and the Nature Conservancy; and (c) excluding any privately held land associated with a conservation restriction or easement or controlled by a person other than a nonprofit corporation or Agency. Public Involvement Activities means those activities which a person undertaking one or more response actions is required to perform by M.G.L. c. 21E, and 310 CMR 40.1400 to inform the public of, and/or involve the public in, decisions regarding response actions at disposal sites including, without limitation, the designation of a disposal site as a PIP Site, the provision of notice of response actions to local officials, the publication of notices of public meetings and/or of response actions in newspapers of general circulation in a community, the development of a Public Involvement Plan and the provision of relevant information to the public. Public Involvement Plan Site and PIP Site each means a disposal site for which additional public involvement activities are required beyond those required for every disposal site and which has been designated as a PIP site pursuant to 310 CMR 40.1404. Public Water Supply means a source of water supply including, but not limited to, primary, backup and emergency sources, utilized by a public water system. For purposes of 310 CMR 40.0000, the terms "public water system", "primary source", "backup source" and "emergency source" shall have the meaning in 310 CMR 22.02: Public Water System, Primary Source, Backup Source, and Emergency Source. Public Water Supply Distribution Pipeline means any piping used for the conveyance of potable water in a public water system. Public Way means land in use as a public street or highway. Radiation means alpha particles, beta particles, gamma rays, x-rays, neutrons, high-speed electrons, high-speed protons, and other particles capable of producing ions. For purposes of 310 CMR 40.0000, ionizing radiation means the same as Radiation, and does not include non-ionizing radiation, such as radiowaves or microwaves, visible, infrared, or ultraviolet light. Radioactive Material means any solid, liquid, or gas which emits Radiation spontaneously. Rail Right-of-way means lands or interests in lands which are in use as rights-of-way for rail transportation purposes. Rail Right-of-way includes rights-of-way which are in use for rail transportation as regulated by M.G.L. c. 161C, and rights-of-way which are in use for rail transportation by the Massachusetts Bay Transportation Authority. Rail Right-of-way does not include related facilities, such as rail yards and rail maintenance facilities. Random Audit means an audit where the subject of the audit was selected using a methodology in which each member of a class has an equal probability of being selected for audit. 40.0006: continued RCRA means the Federal Solid Waste Disposal Act as revised bythe Resource Conservation and Recovery Act of 1976, P.L. 94 - 580, and 42 U.S.C. § 6901 et seq. Receptor means a Human Receptor or Environmental Receptor. Record of Decision and ROD each mean the document prepared pursuant to 40 CFR 300.430(f) for a final remedy selection decision under CERCLA. Recreation Area (See Park) Reference Concentration (RfC) means the daily concentration in air of an oil or hazardous material which would not be expected to result in any adverse non-cancer health effects. Reference Dose (RfD) means the daily dose of an oil or hazardous material which would not be expected to result in any adverse non-cancer health effects. Release means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping or disposing into the environment, but excludes: (a) emissions from the exhaust of an engine; (b) release of source, byproduct, or special nuclear material from a nuclear incident, as those terms are defined in 42 U.S.C. § 2014, if such release is subject to requirements with respect to financial protection established by the Nuclear Regulatory Commission under 42 U.S.C. § 2210; (c) the normal application of fertilizer; (d) the application of pesticides in a manner consistent with their labelling; and (e) the application of residuals in accordance with 310 CMR 32.00: Land Application of Sludge and Septage. Release Abatement Measure and RAM each means any response actions undertaken in accordance with 310 CMR 40.0440. Release Notification Form means the form required by 310 CMR 40.0333(1)(b) and 310 CMR 40.0371 for purposes of providing written notification of a release or threat of release to the Department. Release Tracking Number means the file number assigned by the Department to a release or threat of release reported in accordance with 310 CMR 40.0300. Remedial Action means any containment or removal. Remedial Action Plan means the document that is prepared in accordance with 310 CMR 40.0861 to justify the selection of a remedial action. Remedial Additive By-product means any physical, chemical, or biological reaction by-product that results from the application or discharge of Remedial Additives to soil and/or groundwater. Remedial Additives means any aqueous, gaseous, or solid phase agent that is designed to treat or enhance the treatment of, or assessment of, soil and/or groundwater. The term shall include oxidizing agents, encapsulants, sequestering agents, non-pathogenic microbes, enzymes, nutrients, surfactants, and anti-fouling agents used to inhibit microbial growth in remedial treatment systems and monitoring wells. Remedial Monitoring Report means a report that documents monitoring data collected on and observations made of the operation and maintenance of an Active Remedial System, Active Exposure Pathway Mitigation Measure, or Active Remedial Monitoring Program during the applicable reporting period. Remedial Site means a site at which remedial actions have been completed and for which no further remedial actions are planned. 40.0006: continued Remedial System means one or more remedial components, Treatment Works, and/or conveyances used to contain, treat and/or remove oil or hazardous material in the environment. Remedial Technology means a design, measure or engineering practice which comprises, in whole or on part, a remedial action. Remedial Wastewater means any Contaminated Groundwater and/or Contaminated Surface Water that is managed, including treatment pursuant to 310 CMR 40.0040. Remediation Waste means any Uncontainerized Waste, Contaminated Media and/or Contaminated Debris that is managed pursuant to 310 CMR 40.0030. Remediation Waste does not include Containerized Waste. Remedy Implementation Plan and RIP each means the document that is prepared in accordance with 310 CMR 40.0874 for implementation of a remedial action. Remove and Removal each means the cleanup or removal of released oil or hazardous materials from the environment, such actions as may be necessarily taken in the event of the threat of release of oil or hazardous material into the environment, the disposal of removed oil or hazardous material, or the taking of such other actions as may be necessaryto prevent, minimize, or mitigate damage to the health, safety, public welfare or the environment, which may result from a release or threat of release. Such term includes, without limitation, treatment. Reportable Concentration and RC each means the concentration of oil or hazardous material in soil or groundwater which requires notification to the Department under M.G.L. c. 21E, § 7, and/or 310 CMR 40.0360 through 310 CMR 40.0362. Reportable Quantity and RQ each means the quantity of oil or hazardous material the release of which, or threat of release of which, requires notification to the Department under M.G.L. c. 21E, § 7, and/or 310 CMR 40.0350 through 310 CMR 40.0352. Request for Information and RFI each means a request issued by the Department to any person for documents or other information relevant or material to a release, threat of release, site, vessel, oil or hazardous material, pursuant to M.G.L. c. 21E, §§ 2, 4 and 8, and 310 CMR 40.0165. Requirement means a regulation, order, license, or approval issued or adopted by the Department, or any law which the Department has the authority or responsibility to enforce. Residential Dwelling means a structure used or occupied, or intended to be used or occupied, in whole or in part, as the home or residence of one or more persons including, but not limited, to single or multi-unit housing, a dormitory, or a retirement or continuing care facility. Residential Dwelling does not mean a structure with transient use, such as a hotel or hospital. Residual Contamination means the concentrations of oil and/or hazardous material remaining at a site at which further remedial actions are not required by 310 CMR 40.0000. Respond, Response and Response Action each means assess, assessment, contain, containment, remove or removal. Response Action Contractor and Contractor each means a contractor or subcontractor who provides services associated with response actions to the Department. Response Action Cost and Cost each means any cost incurred by the Department in the course of carrying out or overseeing directly or indirectly a response action including, but not limited to, costs associated with the conduct of Public Involvement Activities, that is one or more of the following: (a) cost of direct hours; 40.0006: continued (b) services provided by Department employees and any related expenses incurred by the Department in support of those direct hours; (c) payments made to the Department's contractors, grantees or agents for performing or overseeing response actions at a specific site; and (d) any fees or other costs reasonably incurred in connection with a response action, including, but not limited to, fees and other costs associated with requisite federal, state and local permits and litigation costs. Response Action Outcome and RAO each means the classification of Permanent and Temporary Solutions as further defined in 310 CMR 40.1000 in effect prior to June 20, 2014. Response Action Outcome Statement means an LSP Opinion submitted to the Department to document achievement of the requirements of a Response Action Outcome prior to June 20, 2014. Response Action Performance Standard and RAPS each means the level of diligence reasonably necessary to obtain the quantity and quality of information adequate to assess a site, to evaluate remedial action alternatives and to design and implement appropriate remedial actions, as further defined by 310 CMR 40.0191. Responsible Party and RP each means a person who is liable under M.G.L. c. 21E to the Commonwealth, or to any other person, for any costs or damages. Risk Characterization means the requirements and procedures for characterizing risks of harm to health, safety, public welfare and the environment set forth in 310 CMR 40.0900. River means a waterbody contained within a channel, naturally or artificially created, which periodically or continuously contains flowing water or forms a connecting link between two bodies of standing water. Route of Exposure means a mechanism by which an oil or hazardous material comes into contact with a receptor, including, but not limited to, ingestion, inhalation, dermal absorption and transpiration. School means any public or private elementary or secondary school, other than a Daycare or Child Care Center. Sediments means all detrital and inorganic or organic matter situated on the bottom of lakes, ponds, streams, rivers, the ocean, or other surface water bodies. Sediments are found: (a) in tidal waters below the mean high water line as defined in 310 CMR 10.23: Additional Definitions for 310 CMR 10.21 through 10.37; and (b) below the upper boundary of a bank, as defined in 310 CMR 10.54(2), which abuts and confines a water body. Sheen means an iridescent appearance of any oil or waste oil on the surface of any river, stream, lake, pond, spring, impoundment, estuary, coastal water or groundwater. The term "sheen" shall not include detrital, inorganic or organic matter located in a terrestrial environment. Significant Public Comment means comment which would appear, on its face, to constitute grounds for the Department to deny a permit or significantly modify a proposed permit decision. Site means any building, structure, installation, equipment, pipe or pipeline, including any pipe discharging into a sewer or publicly-owned treatment works, well, pit, pond, lagoon, impoundment, ditch, landfill, storage container, motor vehicle, rolling stock, or aircraft, or any other place or area where oil or hazardous material has been deposited, stored, disposed of or placed, or otherwise come to be located. The term shall not include any consumer product in consumer use or any vessel. Site Activities and Uses means the uses and activities associated with a disposal site and the surrounding environment, as further defined by 310 CMR 40.0923. 40.0006: continued Sludge means the accumulated solids and/or semisolids deposited or removed by the processing and/or treatment of gasses, water or other fluids. Soil means any unconsolidated mineral and organic matter overlying bedrock that has been subjected to and influenced by geologic and other environmental factors, excluding sediment. Sole Source Aquifer means an aquifer designated by EPA as the sole or principal source of drinking water for an area pursuant to § 1424(e) of the federal Safe Drinking Water Act. Source of OHM Contamination means: (a) a point of discharge of OHM into the environment that may include, without limitation: 1. leaking storage tanks, vessels, drums and other containers; 2. dry wells or wastewater disposal systems that are not in compliance with regulations governing discharges from those systems; or (b) waste deposits, sludges, or impacted soil, sediment, or bedrock at or near a point of discharge or deposit of OHM into the environment containing sorbed OHM or NAPL that is contaminating surrounding environmental media via dissolution or volatilization processes; except that the downgradient leading edge of a plume of oil and/or hazardous material dissolved in and migrating with groundwater or as vapor-phase shall not, in and of itself, be considered a Source of OHM Contamination. Species of Special Concern means those vertebrate and invertebrate animal species officially listed as species of special concern by the Massachusetts Division of Fisheries and Wildlife under 321 CMR 10.00: Massachusetts Endangered Species Act Regulations. Statement of Claim and Statement each means an instrument signed by the Commissioner, describing a particular site or sites and naming the person or persons then deemed by the Commissioner to be liable under M.G.L. c. 21E with respect to each such site and their residential addresses, to the extent known to the Commissioner, and declaring a lien upon the property of such person or persons for the payment of amounts due or to become due from such person or persons to the Commonwealth under M.G.L. c. 21E; provided, however, that neither failure to state any such address nor the designation of an incorrect address shall invalidate such statement; and provided, further, that successive statements, naming other persons so deemed to be liable, may be issued. Status Report means an LSP Opinion, including, but not limited to, any plans and reports, required by these regulations or any determination or order to inform the Department as to the status of work in progress at a disposal site. Stream means a body of running water, including brooks and creeks, which moves in a definite channel in the ground due to a hydraulic gradient, and which flows within, into or out of an, as defined in 310 CMR 10.04: Area Subject to Protection Under the Act. Submittal means a document which any person sends, files, or otherwise delivers to the Department, or is required to send, file or otherwise deliver to the Department, pursuant to M.G.L. c. 21E, 310 CMR 40.0000 or any permit, order or determination issued thereunder. Substantial Hazard means a hazard as further defined in 310 CMR 40.0956 that would pose a significant risk of harm to health, safety, public welfare, or the environment if it continued to be present for several years. Substantial Release Migration and SRM. (See Condition of Substantial Release Migration) Supplemental Technical Review means a review on the merits of a permit application and supporting materials, as supplemented, modified, or amended by the applicant in response to a statement identifying deficiencies in the application and supporting materials, as further described in 310 CMR 4.04(2)(b)3. and/or 40.1072. 3/1/24 310 CMR - 1496 40.0006: continued Surface Water means all waters other than groundwater within the jurisdiction of the Commonwealth, including, without limitation, rivers, streams, lakes, ponds, springs, impoundments, estuaries, wetlands, coastal waters and vernal pools. Targeted Audit means an audit where the method used to identify the subject of the audit is any method other than that employed for a random audit and based upon specific criteria established by the Department. Technical Assistance Grant and TAG each means a grant awarded by the Department pursuant to M.G.L. c. 21E, § 14(b), and 310 CMR 40.1400. Technical Review means an initial review on the merits of the permit application and supporting materials, as further described in 310 CMR 4.04(2)(b)2. and 40.1072. Temporary Solution means any measure or combination of measures which will, when implemented, eliminate any substantial hazard which is presented by a disposal site or by any oil and/or hazardous material at or from such site in the environment until a Permanent Solution is achieved. TemporarySolution Statement means an LSP Opinion submitted to the Department to document the achievement of a Temporary Solution in accordance with 310 CMR 40.1000. Threatened Species means those vertebrate and invertebrate animal species officially listed as threatened species by the Massachusetts Division of Fisheries and Wildlife under 321 CMR 10.00: Massachusetts Endangered Species Act Regulations. Threat of Release means a substantial likelihood of a release of oil and/or hazardous material which requires action to prevent or mitigate damage to health, safety, public welfare or the environment which may result from the release. Circumstances which represent a threat of release include, but are not limited to, sites containing or conducting an amount of oil and/or hazardous material in excess of the Reportable Quantity for that oil and/or hazardous material, or of an unknown quantity, where no reportable release has occurred but where a person required by 310 CMR 40.0331 to report the threat of release has knowledge of any corrosion, damage, malfunction or other condition that is likely to result in a release. Tier Classification means the requirements, standards and procedures set forth in 310 CMR 40.0500 for classifying a disposal site as either Tier I or Tier II. Tier Classification Submittal means those documents which are required by 310 CMR 40.0510(2) to be submitted to the Department for purposes of Tier Classification. Tier I Permit means any permit, and the terms and conditions stated therein, issued or required by the Department pursuant to M.G.L. c. 21E and 310 CMR 40.0700 prior to June 20, 2014. Total Organic Vapors means the collective concentration of all volatile organic compounds measured by a flame ionization or photoionization detector. Total Petroleum Hydrocarbons and TPH each means the total or cumulative concentration of hydrocarbons with boiling points equal to or greater than 150EC (C9) and associated with a petroleum product, as measured bystandard analytical techniques and/or byprocedures approved by the Department, excluding the individual compounds listed at 310 CMR 40.0974(2). Trade Secret means anything tangible which constitutes, represents, evidences or records a secret scientific, technical, merchandising, manufacturing, production, or management information, design, process, procedure, formula, invention or improvement. 40.0006: continued Treatment means any method, technique or process designed to change the physical, chemical or biological character or composition of any oil or hazardous material so as to neutralize the oil or hazardous material or render it less hazardous, non-hazardous, or reduced in volume, including, without limitation, neutralization, incineration, stabilization or solidification. Treatment Works means any and all devices, processes and properties, real or personal, used to manage Remedial Wastewater, Remedial Additives, and/or Remediation Waste at or from a disposal site. Uncertainty Factor means one or more factors, each generally an order of magnitude, by which a no-observed-adverse-effect level is divided in accordance with EPA-approved methodology to reflect uncertainty in the various types of data used to estimate a Reference Dose. Unclassified Disposal Site means a location confirmed by the Department to be a disposal site prior to October 1, 1993, and which has not been classified in accordance with the Interim Disposal Site Classification System set forth in 310 CMR 40.544, prior to October 1, 1993. Uncontainerized Hazardous Waste means uncontainerized waste that meets the criteria defining a listed or characteristic hazardous waste in 310 CMR 40.0300. Uncontainerized Waste means any discarded oil and/or hazardous material at a disposal site, including, but not limited to, NAPL, that is not contained in drums, tanks, engineered impoundments, or other fabricated containers. Underground Storage Tank means a structure of any size or capacity, including, but not limited to, ancillary piping, that is used or designed to be used for the storage of oil and/or hazardous material where 10% or more of the volume of such structure and piping is below the ground surface, excluding any structure that is a free standing container in a building. Unit Risk means the Excess Lifetime Cancer Risk (ELCR) estimated to result from continuous exposure to an oil or hazardous material per concentration unit of 1ìg/m3 in air or 1 ìg/liter in water. Unknown Source means, for the purposes of the Downgradient Property Status provisions at 310 CMR 40.0189, the original location of a release that has migrated in or on groundwater or surface water to a downgradient or downstream property, where the original location has not been established by a preponderance of credible scientific and technical evidence. 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. Upgradient Property means a parcel of land which is the source of a release which has come to be located on a parcel of land which is located downgradient thereof. Utility-related Abatement Measure and URAM each means a response action performed in accordance with 310 CMR 40.0460. Vadose Zone means the unsaturated zone below the ground surface and above the water table. Vernal Pool means a water body that has been certified by the Massachusetts Division of Fisheries & Wildlife as a vernal pool. 40.0006: continued Vernal Pool Habitat means any confined basin depression which, at least in most years, holds water for a minimum of two continuous months during the spring and/or summer, and which are free of adult fish populations, as well as the area within 100 feet of the mean annual boundaries of the depressions, to the extent that the habitat is within an Area Subject to Protection Under the Wetlands Protection Act, as specified in 310 CMR 10.02(1). Vessel means every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water. Volatilization means the conversion of all or part of a liquid or solid into vapor. Volatile Organic Compounds and VOCs each mean an organic compound with a boiling point equal to or less than 218EC that are targeted analytes in EPA Method 8260B and other purgeable organic methods specified in the Department's Compendium of Analytical Methods. Waiver of Approvals and Waiver each mean a waiver granted by the Department in accordance with 310 CMR 40.537, prior to October 1, 1993. Waiver Site means any non-priority disposal site for which the Department has approved an application for a Waiver of Approvals that has been counter-signed in accordance with 310 CMR 40.537, as effective prior to October 1, 1993, unless such approval has been withdrawn. Waste Oil means used and/or reprocessed, but not subsequently re-refined, oil that has served its original intended purpose. Waste oil includes, but is not limited to, used and/or reprocessed fuel oil, engine oil, gear oil, cutting oil, and transmission fluid and dielectric fluid. Water Quality Criteria and Ambient Water Quality Criteria each means the concentrations of oil and/or hazardous material in water developed by EPA pursuant to § 304(a)(1) of the federal Water Pollution Control Act. Water Quality Standards means 314 CMR 4.00: Massachusetts Surface Water Quality Standards and 314 CMR 6.00: Ground Water Quality Standards. Waters of the Commonwealth means all waters within the jurisdiction of the Commonwealth, including, without limitation, rivers, streams, lakes, ponds, springs, impoundments, estuaries, wetlands, coastal waters, vernal pools and groundwater. The term shall not include impoundments of chemical wastes. Watershed means the region or area measured in a horizontal topographic divide which directs surface runoff from precipitation, normally by gravity, into a stream or body of impounded surface water. Water Table means the upper elevation of the surface of the saturated zone. Well means a bored, drilled or driven shaft, or a dig hole, whose depth is greater than its largest surface dimension. Wetland means any area subject to protection under the Wetlands Protection Act, M.G.L. c. 131, § 40, 314 CMR 9.00: 401 Water Quality Certification for Discharge of Dredged or Fill Material, Dredging, and Dredged Material Disposal in Waters of the United States Within the Commonwealth or Section 401 of the federal Water Pollution Control Act, 33 U.S.C. 1341. White Oil means petroleum based oil which contains no aromatic hydrocarbons and is transparent, colorless, odorless and tasteless when cold. Synonyms for white oil include liquid paraffin, liquid petrolatum, USP mineral oil, and vaseline oil. Wildlife means any mammal, bird, reptile, amphibian, fish, or other vertebrate or invertebrate animal species. 40.0006: continued Zone A means the area adjacent to the bank of a Class A surface drinking water source and its tributaries, as defined in 310 CMR 22.02: Zone A. Zone B means an area either ½ mile from the bank of a Class A surface drinking water source, or the watershed boundary, whichever is less. Zone I means the area within the protective radius surrounding a public water supply well or wellfield required by 310 CMR 22.00: Drinking Water. Zone II means that area of an aquifer which contributes water to a well under the most severe pumping and recharge conditions that can be realistically anticipated, as approved by the Department's Division of Water Supply pursuant to 310 CMR 22.00: Drinking Water. Zone III means that land area beyond the area of Zone II from which surface water and groundwater drain into Zone II. The surface drainage area, as determined by topography, is commonly coincident with the groundwater drainage area and is used to delineate Zone III. In some locations, where surface and groundwater drainage are not coincident, Zone IIIshall consist of both the surface drainage and the groundwater drainage areas. Zone of Saturation means any part of the earth's crust in which all voids are filled with water.