Definitions

As used in 314 CMR 8.00, the following words have the following meanings: Accumulation - the short term containment of hazardous waste on the premises of the person who generated such waste in a manner which does not constitute disposal, provided that if such containment is not as provided for in 310 CMR 30.340: Large Quantity Generators or 30.351: Small Quantity Generators, such containment is "storage" and not "accumulation" of hazardous waste. Closure - the act or process of deactivating an active portion of a treatment, storage, or disposal facility in compliance with the approved facility closure plan and all applicable closure requirements. Constituent or Hazardous Waste Constituent - a constituent that caused the Department to list the waste as a hazardous waste in 310 CMR 30.131 through 30.136 (see 310 CMR 30.160: Hazardous Constituents which lists these constituents) or a constituent listed in 310 CMR 30.125: Toxicity Characteristic (TC). Container - any portable device in which a hazardous waste is stored, transported, treated, disposed of, or otherwise handled. Contingency Plan - a document setting out an organized, planned, and coordinated course of action to be followed in case of a fire, explosion or release of hazardous waste or hazardous waste constituents which could threaten public health, safety, or welfare, or the environment. Department - the Massachusetts Department of Environmental Protection. Discharge or Discharge of Pollutants - any addition of any pollutant or combination of pollutants to waters of the Commonwealth from any source, including, but not limited to, discharges from surface runoff which is collected or channeled by man; discharges through pipes, sewers, or other 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. (MA REG. # 1327, Dated 12-2-16) Disposal of Hazardous Waste - the discharge, deposit, injection, dumping, spilling, leaking, incineration, or placing of any hazardous waste into or on any land or water so that such hazardous waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including ground waters. Environmental Protection Agency or EPA - the United States Environmental Protection Agency. Existing RCRA Facility - a RCRA facility which was in operation, or for which construction had commenced, on or before November 19, 1980, and whose owner or operator has complied with the provisions of 40 CFR 270.10(e) and (g), 270.13, 270.70, 270.71(a), and (b), and 270.72, by having submitted the required notifications and applications to EPA. Facility - a site or works for the storage, treatment, dewatering, refining, incineration, reclamation, stabilization, solidification, disposal, or other processes where a hazardous waste is or will be stored, treated, disposed of or used. Federal Act - the federal Clean Water Act, 33 U.S.C. § 1251 et seq. Generation of Hazardous Waste - the act or process of producing a hazardous waste, or an act which first causes a hazardous waste to become subject to regulation. Hazardous Waste - a hazardous waste pursuant to 310 CMR 30.000: Hazardous Waste. Incineration - controlled combustion in an enclosed device, the primary purpose of which is to thermally break down hazardous waste. Land Treatment Facility - a facility or part of a facility at which hazardous waste is applied onto or incorporated into the soil surface in a controlled manner in order to alter the physical, chemical or biological state of the waste via biological degradation, chemical reaction or physical processes in the soil so as to render such wastes non-hazardous. Landfill - a disposal facility or part of a facility where hazardous waste is placed in or on land and which is not a land treatment facility, a surface impoundment, an injection well, or a waste pile. New RCRA Facility - a RCRA facility other than an existing RCRA facility. Oil - petroleum in any form including crude oil, fuel oil, petroleum derived synthetic oil and refined oil products other than petrochemicals. It does not mean animal or vegetable oils. Permit - an authorization issued pursuant to M.G.L. c. 21, § 43, and 314 CMR 2.00: Permit Procedures, 3.00: Surface Water Discharge Program, 5.00: Groundwater Discharge Permit Program, or 7.00: Sewer System Extension and Connection Permit Program, to implement the requirements of the State and Federal Acts and regulations adopted thereunder. Person - any agency or political subdivision of the Commonwealth, the Federal government, public or private corporation or authority, individual, partnership or association, or other entity, including any officer of a public or private agency or organization. Pile - any non-containerized aggregation of solid, nonflowing hazardous waste that is being treated or stored. 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. Post-closure - the period after the time closure has been completed and approved by the Department. Public Entity - any city, town, special district 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 the Federal Act. Publicly Owned Treatment Works or POTW - any device or system used in the treatment (including recycling and reclamation) and disposal of municipal sewage or industrial wastewater which is owned by a public entity. A POTW includes any sewers, pipes, pump stations or other conveyances only if they convey wastewater to a POTW providing treatment, or to the location where the treated wastewater is discharged. RCRA - the Solid Waste Disposal Act, commonly known as the Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq. RCRA Facility - a hazardous waste management facility as defined in 314 CMR 8.03. Recycle - to process hazardous wastes in order to produce raw materials or products. Site - the same or geographically contiguous property in single ownership which may be divided by a public or private right-of-way, provided the entrance and exit between the properties is at a cross-roads intersection, and access is by crossing as opposed to going along the right-of-way. Non-contiguous properties owned by the same person but connected by a right-of-way which that person controls, and to which the public does not have access, are considered on-site property. State Act - the Massachusetts Clean Waters Act, M.G.L. c. 21, §§ 26 through 53. Storage - the containment of hazardous waste for a temporary period in a manner which does not constitute disposal, at the end of which period the hazardous waste will be used, treated, disposed of, or stored elsewhere. Surface Impoundment or Impoundment - a facility or part of a facility which is a natural topographic depression, man-made excavation, or diked area formed primarily of earthen materials which is designed to or does hold an aggregation of liquid hazardous waste or waste containing free liquid, and which is not an injection well. Surface Impoundment or Impoundment includes, without limitation, any depression, excavation, or diked area lined with man-made material without the strength to contain the liquid in the absence of earthen materials. Examples of surface impoundments are: holding, storage, settling, and aeration pits, ponds, and lagoons. Tank - a stationary device used to store or to contain an accumulation of hazardous waste and which is constructed primarily of non-earthen materials (e.g., wood, concrete, steel, plastic) which provide structural support. Treatment Works - any and all devices, processes, and properties, real or personal, used in the collection, pumping, transmission, storage, treatment, disposal, recycling, reclamation or reuse of waterborne pollutants. Treatment Works does not include any works receiving a hazardous waste from off the site of the works for the purpose of treatment, storage or disposal. Wastewater Treatment Unit - a tank that treats an influent wastewater which is a hazardous waste, or treats or accumulates, as part of the treatment process, a wastewater treatment sludge which is a hazardous waste, but not including a tank used solely for accumulation or storage of such wastewater or sludge prior to transportation off site or disposal on site.