301 CMR, § 27.02

Current through Register 1536, December 6, 2024
Section 27.02 - Definitions

Activities means activities, uses, or facilities described in M.G.L. c. 132A, §§ 15 and 16, and in 301 CMR 27.06.

Adjudicatory Hearing means a hearing conducted pursuant to M.G.L. c. 30A §§ 9, 10, 10A, 11, and 12.

Advanced Treatment means enhanced physical, chemical, or biological treatments that are used, in part, to remove nutrients, including nitrogen or phosphorus.

Agency means any agency, department, division, board, commission, or authority of the Commonwealth.

Applicant means any city, town, district, county, or authority and has the legal ability to implement any form of wastewater disposal, including land application, and which applies for a new or modified discharge pursuant to M.G.L. c. 132A, §§ 12A through 16K and § 18.

Authorization means certificates, licenses, permits, and approvals for proposed Activities.

Comprehensive Wastewater Management Plan or CWMP means a municipal or regional study, conducted in accordance with appropriate Department guidance, regulations, and policies, that evaluates alternatives and recommends an appropriate implementation strategy to properly manage wastewater in order to provide protection for the public health and safety of the environment, and is designed to ensure that goals associated with water quality standards set forth at 314 CMR 4.00: Massachusetts Surface Water Quality Standards and TMDLs, if any TMDLs exist, are met.

Department means the Department of Environmental Protection.

Environmental Impact Reportmeans a report prepared pursuant to the Massachusetts Environmental Policy Act, M.G.L. c. 30 §§ 61 through 62H.

Estuary means a semi-enclosed body of water that has a free connection with the open sea, within which seawater is measurably diluted with fresh water derived from outflowing fresh water rivers and/or groundwater.

Existing Discharge means a municipal, commercial, or industrial discharge at the volume and location approved and licensed by the appropriate federal and state agencies on July 15, 1970, in the case of the Cape Cod Ocean Sanctuary; on December 8, 1971, in the case of the Cape Cod Bay and Cape and Islands Ocean Sanctuaries; on June 27, 1972, in the case of the North Shore Ocean Sanctuary; and on December 30, 1976, in the case of the South Essex Ocean Sanctuary.

Marine Boundary Map means the marine boundary map of the Commonwealth prepared pursuant to the St. 1970, c. 810 and St. 1971, c. 1035.

Mean Low Water Line means the present mean low tide line, as established by the present arithmetic mean of water heights observed at low tide over a specific 19-year Metonic cycle (the National Tidal Datum Epoch) and shall be determined using the hydrographic data of the National Oceanic Survey of the U.S. Department of Commerce.

Miles means nautical miles.

Modified Discharge means an increase in volume or change in location of an existing discharge from a publicly owned treatment works.

Municipal means of or pertaining to any subdivision of the Commonwealth, including a city, town, county, region, district, or authority.

New Discharge means a discharge from a publicly owned treatment works not approved under M.G.L. c. 132A, §§ 12A through 16K and § 18 prior to February 1, 2014, nor authorized by the appropriate federal and state agencies prior to February 1, 2014.

Ocean Sanctuary means any of the five areas established and defined by M.G.L. c. 132A, § 13. These areas are delineated by boundaries described in the statute, as may be amended. The Office maintains the official maps of the Ocean Sanctuaries which may be updated from time to time.

Office means the Office of Coastal Zone Management.

Ocean Management Plan means the Massachusetts Ocean Management Plan developed and promulgated pursuant to St. 2008, c. 114, and M.G.L. c. 21A, § 4C.

Person means any agency or political subdivision of the federal government or Commonwealth, any state, public or private corporation or authority, individual, trust, firm, joint stock company, partnership, association, or other entity, and any officer, employee, or agent of said person, and any group of said persons.

Pretreatment means 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 such pollutants into a publicly owned treatment plant.

Proposed Discharge means a new or modified discharge.

Public Necessity and Convenience means necessary to the public interest or in the public interest. Agencies making the public necessity and convenience determination must do so according to 301 CMR 27.04.

Publicly Owned Treatment Works or POTW means a sewage or septage treatment plant owned by a public entity

Refuse means any useless, unwanted, discarded, or environmentally harmful solid waste material, whether combustible or non-combustible, and including, but not limited to, garbage or sludge resulting from any Activity.

Significantly Alter means to substantially change or endanger the ecology or appearance of the ocean sanctuaries, including but not limited to: marine life and resources, including mammals, sea turtles, birds, fish, shellfish and other invertebrates; eelgrass, tidal flats, mussel reefs and other biogenic habitats; water quality including salinity, nutrients, pH, temperature; and hydrodynamic conditions including flushing and flow; sediment movement and transport dynamics.

Structure means any man-made object of any kind that is not temporarily fixed to the seabed or not temporarily moored in the waters above, as defined in 310 CMR 9.02: Definitions.

Total Maximum Daily Load (TMDL) means the sum of a receiving water's individual waste load allocations, load allocations, and natural background, which, together with a margin of safety that takes into account any lack of knowledge concerning the relationship between effluent limitations and water quality, represents the maximum amount of a pollutant that a waterbody can receive and still meet water quality standards in all seasons.

Wastes means any unwanted, discarded, or environmentally harmful solid, liquid, or gaseous materials resulting from commercial, municipal, domestic, or industrial Activities, including, but not limited to garbage, snow, thermal discharges, saline discharges, and sewage. Waste does not include approved and licensed dredge spoils, approved and licensed stormwater discharges, or snow disposal consistent with Department guidance.

301 CMR, § 27.02

Adopted by Mass Register Issue 1346, eff. 8/25/2017.