Applicability

(1) 314 CMR 18.00 applies to all persons who own or operate a holding tank, mobile tank, or container that meets all of the following criteria: (a) the holding tank, mobile tank, or container is used exclusively to accumulate or store industrial wastewater generated on-site or off-site; (b) the industrial wastewater in the holding tank, mobile tank, or container will be transported directly to an off-site facility for recycling, treatment, or disposal; and (c) the wastewater accumulated or stored in the holding tank, mobile tank, or container is non-hazardous non-domestic industrial wastewater. 314 CMR 18.00 applies to new and existing holding tanks, mobile tanks, and containers. Holding tanks include above-ground holding tanks and in-ground holding tanks. Holding tanks also include tanks created by the conversion of septic tanks or oil and water separators for exclusive use as industrial wastewater holding tanks. (2) 314 CMR 18.00 does not apply to: (a) tanks or containers used for production processes, industrial wastewater treatment systems, non-contact cooling water, and heating or cooling condensate; (b) sanitary tight tanks regulated by 310 CMR 15.260: Tight Tanks; (c) holding tanks and containers that are used exclusively to accumulate and store non­ hazardous industrial wastewater prior to shipping to a licensed Treatment, Storage and Disposal Facility (TSDF) and that meet holding tank and container standards contained in 310 CMR 30.000: Hazardous Waste; and (d) hazardous waste holding tanks and containers that are subject to 310 CMR 30.000: Hazardous Waste. (3) The requirements in 314 CMR 18.07 through 18.09 also apply to leachate collection tanks at solid waste facilities, which shall be constructed in accordance with an approval issued by the Department pursuant to 310 CMR 19.000: Solid Waste Management.