Definitions

When used in 314 CMR 12.00 the following words and phrases shall have the following meanings: Bypass - the intentional or unintentional diversion of wastes from any portion of a treatment works. Categorical Pretreatment Standard or Pretreatment Standard - any regulation containing pollutant discharge limits promulgated by the EPA in accordance with § 307(b) and (c) of the Federal Water Pollution Control (Clean Water) Act, 33 U.S.C., §1317(b) and (c), which applies to Industrial Users. This term includes the general and specific prohibitions established in 314 CMR 12.08(1) and (2). Combined Sewer Overflow or CSO - any intermittent overflow, bypass or other discharge from a municipal combined sewer system which results from a flow in excess of the dry weather carrying capacity of the system. Combined Sewer System - a sewer system which by design conveys both wastewaters and storm water runoff. Department - the Massachusetts Department of Environmental Protection. Discharge or Discharge of Pollutants - anyadditionofanypollutant orcombination of pollutants to waters of the Commonwealth from any source, including but not limited to, discharges from surface runoff which is collected or channeled byman, discharges through pipes, sewers, or other (MA REG. #1262, Dated 6-6-14) conveyances owned by a state, municipality, or other person which do not lead to a POTW, and discharges through pipes, sewers, or other conveyances, leading into privately owned treatment works. This term does not include an addition of pollutants by any indirect discharger. Effluent - a discharge of pollutants into the environment, whether or not treated. Effluent Limitation or Effluent Limit - any requirement, restriction, or standard imposed by the Department on quantities, discharge rates, and concentrations of pollutants which are discharged from point sources into waters of the Commonwealth or to treatment works. 12.02: continued Environmental Protection Agency or EPA - the United States Environmental Protection Agency. Federal Act - the Federal Water Pollution Control (Clean Water) Act, 33 U.S.C., § 1251. Hazardous Industrial Wastewater - wastewater that has been characterized as hazardous waste pursuant to 310 CMR 30.000: Hazardous Waste. Hazardous Industrial Wastewater Sludge - solid or semi-solid waste that has been characterized as hazardous waste pursuant to 310 CMR 30.000: Hazardous Waste. Hazardous Waste - a hazardous waste as defined 310 CMR 30.000: Hazardous Waste. Indirect Discharger or Industrial User - the entity that introduces pollutants into a municipal sewer system from any non domestic source. Industrial Waste - any liquid, gaseous, or solid waste substance or a combination thereof resulting from any process of industry, manufacturing, trade, or business, or from the development or recovery of any natural resources. Industrial Wastewater - waste in liquid form resulting from any process of industry, trade, or business, regardless of volume or pollutant content. Waste in liquid form consisting of only sewage is not considered industrial wastewater. Industrial Wastewater Pretreatment - the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in industrial wastewater prior to or in lieu of discharging or otherwise introducing such pollutants into a collection system for a POTW. Industrial Wastewater Pretreatment System or IWPS - a treatment works for Industrial Wastewater Pretreatment prior to discharge into a collection system for a POTW. A treatment works consisting solely of one or more of the following is not considered an IWPS: (a) Grease traps; (b) Oil-and-water separators such as Metropolitan District Commission (MDC)-designed traps; (c) Neutralization units which process less than 100 gallons per day; (d) Small Scale silver recovery units; (e) Limestone chip neutralization units; or (f) Closed loop systems. Infiltration - water other than wastewater that enters a sewer system (including sewer connections and foundation drains) from the ground through means which include, but are not limited to, defective pipes, pipe joints, connections, or manholes. Infiltration does not include, and is distinguished from, inflow. Infiltration/Inflow - the quantity of water from both infiltration and inflow without distinguishing the source. Inflow - water other than sanitary flow that enters a sewer system (including sewer connections) from sources that include, but are not limited to, sump pumps, roof leaders, cellar drains, yard drains, area drains, drains from springs and swampy areas, manhole covers, cross connections between storm sewers and sanitary sewers, catch basins, storm waters, surface runoff, street wash waters, or drainage. Inflow does not include, and is distinguished from, infiltration. 12.02: continued Interference - an inhibition or disruption of the POTW, its treatment processes or operations, or its sludge processes, use or disposal, which is a cause of or significantly contributes to either a violation of any requirement of the POTW's permit (including an increase in the magnitude or duration of a violation), or to the prevention of sewage sludge use or disposal by the POTW in accordance with applicable federal, state or local statutes and regulations, or permits issued thereunder. An industrial user significantly contributes to such a permit violation or prevention of sludge use or disposal in accordance with applicable requirements whenever such user: (a) Discharges a daily pollutant loading in excess of that allowed by contract with the POTW, or by federal, state or local law; (b) Discharges wastewater which substantially differs in nature or constituents from the user's average discharge; or (c) Knows or has reason to know that its discharge, alone or in conjunction with discharges from other sources, would result in a POTW permit violation, or prevent sewage sludge use or disposal in accordance with the requirements applicable to the POTW's selected method of sludge management. Massachusetts Water Quality Standards - 314 CMR 4.00: Massachusetts Surface Water Quality Standards and 314 CMR 5.00: Ground Water Discharge Permit Program. New Source - any building, structure, facility, or installation from which there is or may be a discharge, the construction of which commenced: (a) After promulgation of pretreatment standards under the Federal Act, P.L. 92 500, § 307(c) as amended by P.L. 95 217 and P.L. 95 576, 33 U.S.C. § 1251, which are applicable to such source; or (b) After proposal of pretreatment standards in accordance with P.L. 92-500, § 307(c) which are applicable to such source, but only if the standards are promulgated in accordance with P.L. 92-500, § 307(c) within 120 days of their proposal. Pass Through - the discharge of pollutants through the POTW into waters of the Commonwealth in quantities or concentrations which are a cause of or significantly contribute to a violation of any requirement of the POTW's permit (including an increase in the magnitude or duration of a violation). An industrial user significantly contributes to such permit violation where it: (a) Discharges a daily pollutant loading in excess of that allowed by contract with the POTW, or by Federal, State or local law; (b) Discharges wastewater which substantially differs in nature and constituents from the user's average discharge; (c) Knows or has reason to know that its discharge, alone or in conjunction with discharges from other sources, would result in a permit violation; or (d) Knows or has reason to know that the POTW is violating the effluent limitations in its permit, and that such industrial user's discharge, either alone or in conjunction with discharges from other sources, increases the magnitude or duration of the POTW violations. Permit - an authorization issued pursuant to M.G.L. c. 21, § 43 and 314 CMR 2.00: Permit Procedures, 314 CMR 3.00: Surface Water Discharge Permit Program, 314 CMR 5.00: Ground Water Discharge Permit Program, 314 CMR 7.00: Sewer System Extension and Connection Permit Program, or 314 CMR 20.00: Reclaimed Water Permit Program and Standards. Person - any agency or political subdivision of the Commonwealth, the federal government, any public or private corporation or authority, individual, partnership or association, or other entity, including any officer of a public or private agency or organization, upon whom a duty may be imposed by or pursuant to any provisions of M.G.L. c. 21, §§ 26 through 53. Pollutant - any element or property of sewage, agricultural, industrial or commercial waste, runoff, leachate, heated effluent, or other matter, in whatever form and whether originating at a point or major non point source, which is or may be discharged, drained or otherwise introduced into any sewerage system, treatment works or waters of the Commonwealth. 12.02: continued Pollution - the presence in the environment of conditions or contaminants in quantities or with characteristics which are or may be injurious to human, plant or animal life or to property, or which unreasonably interfere with the comfortable enjoyment of life and property throughout such areas as may be affected thereby. Pretreatment - the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to, or in lieu of, discharging or otherwise introducing such pollutants into a POTW. Public Entity - any city, town, special district, the Massachusetts Water Resources Authority or other existing governmental unit eligible to receive a grant for the construction of treatment works from the United States Environmental Protection Agency pursuant to Title II of P.L. 92-500. Publicly Owned Treatment Works or POTW - any device or system used in the treatment (including recycling and reclamation) of municipal sewage or industrial wastes of a liquid nature which is owned by a public entity. A POTW includes any sewers, pipes, or other conveyances only if they convey wastewater to a POTW providing treatment. RCRA - the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976 (P.L. 94 580, as amended by P.L. 95 609), 42 U.S.C. § 6901. RCRA Facility - a hazardous waste management facility as defined in 314 CMR 8.03: RCRA Facilities Subject to 314 CMR 8.00: Supplemental Requirements for Hazardous Waste Management Facilities. Sanitary Sewage or Sewage - the water-carried human or animal wastes from residences, buildings, industrial establishments or other places. Sanitary Sewer Overflow or SSO - any overflow, spill, release, discharge or diversion of untreated or partially treated wastewater from a sanitary sewer system. The discharge of sewage into a building is not considered an SSO provided that the discharge was not the direct result of problems in the public sewer system. SCADA System - a supervisory control and data acquisition system which transmits real-time data on the operating status of treatment works. Septage - the liquid and solid wastes, primarily of sewage origin, that are removed from a cesspool, septic tank or similar receptacle. Sewer Connection - the sewer pipes and appurtenant works needed to connect a building or estate to a sewer system. Sewer Extension - the addition to a sewer system of a sewer pipe, together with appurtenant works, which when connected to the sewer system becomes the property of, and are operated and maintained by, the person owning the sewer system. Sewer System - pipelines or conduits, pumping stations, force mains, and all other structures, devices, appurtenances, and facilities used for collecting and conveying wastes to a site or works for treatment or disposal. Sewer System Authority - a public entity or agency of the Commonwealth that owns a sewer system. State Act - the Massachusetts Clean Waters Act, M.G.L. c. 21, §§ 26 through 53. 12.02: continued Toxic Pollutants - those pollutants identified in 314 CMR 3.16: Appendix A: Criteria for Determining a Concentrated Aquatic Animal Production Facility, or any other combination of pollutants, including disease causing agents, which after discharge and upon exposure, ingestion, inhalation or assimilation into any organism, either directly from the environment or indirectly through food chains, may, on the basis of information available to the Department, cause death, disease, behavioral abnormalities, cancer, mutations, physiological malfunctions, biochemical abnormalities, including malfunctions in reproduction, or physical deformations, in such organisms or their offspring. Treatment Works - any and all devices, processes, and real or personal properties, used in the collection, pumping, transmission, storage, treatment, disposal, recycling, reclamation or reuse of waterborne pollutants, but not including any works receiving off site hazardous waste for the purpose of treatment, storage or disposal, or industrial wastewater holding tanks regulated under 314 CMR 18.00: Industrial Wastewater Holding Tank and Container Construction, Operation, and Record Keeping Requirements. Wastewater - sewage, industrial waste, other wastes or any combination of the three. Wastewater Treatment Facility or Wastewater Treatment Plant - any and all devices, processes and properties, real or personal, used in the storage, treatment, disposal, recycling, reclamation or reuse of waterborne pollutants, but not including any sewer system. Waters of the Commonwealth - all waters within the jurisdiction of the Commonwealth, including, without limitation, rivers, streams, lakes, ponds, springs, impoundments, estuaries, wetlands, coastal waters, and ground waters.