310 Mass. Reg. 22.02

Current through Register 1519, April 12, 2024
Section 22.02 - Definitions

(1) As used in 310 CMR 22.00, the following terms shall have the following meanings:

Abandoned Source means a source that is physically disconnected from a public water system and is no longer maintained as an active, inactive, or Emergency Source. Abandoned Source(s) cannot be used as a public water system source. A source may only be abandoned pursuant to 310 CMR 22.25.

Action Level means, for the purpose of 310 CMR 22.06(B), the concentration of lead or copper in water specified in 310 CMR 22.06B(1)(c) which determines, in some cases, the treatment requirements contained in 310 CMR 22.06B that a water system is required to complete. The definition of Action Level for the purpose of a consumer confidence report is contained in 310 CMR 22.16A.

Active Source means an Approved Source(s), monitored and maintained to meet 310 CMR 22.00 and used for primary or backup purposes to meet consumer demands as necessary.

Administrator means the Administrator of the Agency.

Adsorption means the gathering of a gas, liquid, or dissolved substance on the surface or interface zone of another material.

Aeration means the process of adding air to water, whether by passing air through water or by passing water through air.

Agency means the United States Environmental Protection Agency.

Air Stripping means a treatment process used to remove dissolved gases and volatile substances from water by bubbling large volumes of air through the water being treated.

Approved Source means a water supply source approved by the Department for drinking water purposes pursuant to 310 CMR 22.03(1).

Bag Filter means pressure-driven separation devices that remove particulate matter larger than one micrometer using an engineered porous Filtration media. They are typically constructed of a non-rigid, fabric Filtration media housed in a pressure vessel in which the direction of flow is from the inside of the bag to outside.

Bank means the portion of the land surface which normally abuts and confines a water body; it lies between a water body and a bordering vegetated wetland and adjacent flood plain, or in the absence of these, it lies between a water body and an upland; the upper boundary of a Bank is the first observable break in the slope or the mean annual flood level, whichever is lower; the lower boundary of a Bank is the mean annual low flow level.

Bank Filtration means a water treatment process that uses a well to recover Surface Water that has naturally infiltrated into Groundwater through a river bed or Bank(s). Infiltration is typically enhanced by the hydraulic gradient imposed by a nearby pumping water supply or other well(s).

Best Available Technology or "BAT " means the best technology Treatment Techniques, or other means which the EPA or Department finds, after examination for efficacy under field conditions and not solely under laboratory conditions, are available (taking cost into consideration).

Cartridge Filter means pressure-driven separation devices that remove particulate matter larger than one micrometer using an engineered porous Filtration media. They are typically constructed as rigid or semi-rigid, self-supporting filter elements housed in pressure vessels in which flow is from the outside of the cartridge to the inside.

Certified Operator means an individual who has received a certificate of competency issued by the Board of Certification of Operators of Drinking Water Supply Facilities in accordance with 236 CMR 2.00 through 5.00 and currently maintains a valid license.

Chemical Feed System means an automated or manually controlled mechanism for introducing chemical compounds into a water treatment system in regulated concentrations and amounts at predetermined events or times for the purpose of treating water in order to ensure a safe and pure drinking water supply.

Chloramination means the application of chlorine and ammonia to water to form chloramines for the purpose of Disinfection.

Clean Compliance History means, for purposes of 310 CMR 22.05, a record of no Maximum Contaminant Level (MCL) violations, no monitoring violations, no coliform Treatment Technique trigger exceedances, and no Treatment Technique violations; all under 310 CMR 22.05; and no Treatment Technique violations or Significant Deficiencies under 310 CMR 22.26.

Coagulation means a process using coagulant chemicals and mixing by which colloidal and suspended materials are destabilized and agglomerated into flocs.

Combined Distribution System means the interconnected distribution system consisting of the distribution systems of wholesale systems and of the consecutive systems that receive finished water.

Commissioner means the Commissioner of the Department of Environmental Protection.

Compliance Cycle means the nine-year (calendar year) cycle during which public water systems must monitor. Each Compliance Cycle consists of three three-year Compliance Periods. The first calendar year cycle begins January 1, 1993 and ends December 31, 2001; the second begins January 1, 2002 and ends December 31, 2010; the third begins January 1, 2011 and ends December 31, 2019. Each subsequent Compliance Cycle shall commence on the 1st day of January immediately following the last day of the prior Compliance Cycle, and shall end on the 31st day of December in its ninth calendar year.

Compliance Period means a three-year (calendar year) period within a Compliance Cycle. Each Compliance Cycle has three three-year Compliance Periods. Within the first Compliance Cycle, the first Compliance Period runs from January 1, 1993 to December 31, 1995; the second from January 1, 1996 to December 31, 1998; the third from January 1, 1999 to December 31, 2001. Each subsequent Compliance Period shall commence on the 1st day of January immediately following the last day of the prior Compliance Period, and shall end on the 31st day of December in its third calendar year.

Comprehensive Performance Evaluation (CPE) means a thorough review and analysis of a treatment plant's performance-based capabilities and associated administrative, operation and maintenance practices. It is conducted to identify factors that may be adversely impacting a plant's capability to achieve compliance and emphasizes approaches that can be implemented without significant capital improvements. The comprehensive performance evaluation must consist of at least the following components: assessment of plant performance; evaluation of major unit processes; identification and prioritization of performance limiting factors; assessment of the applicability of comprehensive technical assistance; and preparation of a CPE report.

Confirmatory Sample or Confirmation Sample shall mean a sample collected from the same Sampling Point as an initial sample for analysis, in order to verify the analytical results of the initial sample.

Confluent Growth means a continuous bacterial growth covering the entire filtration area of a membrane filter, or a portion thereof, in which bacterial colonies are not discrete.

Consecutive Public Water System means a public water system that receives some or all of its finished water from one or more wholesale systems. Delivery may be through a direct connection or through the distribution system of one or more consecutive systems.

Contaminant means any physical, chemical, biological or radiological substance or matter in water.

Contract Operator Compliance Notice means a written submittal from a Supplier of Water, who has contracted with a Certified Operator (pursuant to 310 CMR 22.11B) , to the Department identifying the allocation of the following categories of duties and responsibilities between the Supplier of Water and the Certified Operator, on a form to be provided by the Department:

(a) operation and maintenance;

(b) monitoring and reporting;

(c) compliance;

(d) recordkeeping;

(e) administration;

(f) emergency response;

(g) budgeting;

(h) safety and source protection;

(i) training;

(j) inspections; and

(k) consumer relations.

Conventional Filtration Treatment means a series of processes, including coagulation, flocculation, sedimentation, and filtration resulting in substantial particulate removal.

Corrosion Inhibitor means a substance capable of reducing the corrosivity of water toward metal plumbing materials, especially lead and copper, by forming a protective film on the interior surface of those materials.

CT or CTcalc is the product of "residual disinfectant concentration" ("C") in mg/l determined before or at the first customer, and the corresponding "disinfectant contact time" ("T") in minutes, i.e., "C" x "T". If a public water system applies disinfectants at more than one point prior to the first customer, it must determine the CT of each disinfectant sequence before or at the first customer to determine the total percent inactivation or "total inactivation ratio". In determining the total inactivation ratio, the public water system must determine the residual disinfectant concentration of each disinfection sequence and corresponding contact time before any subsequent disinfection application point(s). "CT99.9" is the CT value required for 99.9% (3-log) inactivation of Giardia lamblia cysts. CT for a variety of disinfectants and conditions appear in Tables (1.1-22.20A through 1.6-22.20A, 2.1-22.20A and 3.1-22.20A) in 310 CMR 22.20A(5)(b)3.

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is the inactivation ratio. The sum of the inactivation ratios, or total inactivation ratio shown as

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is calculated by adding together the inactivation ratio for each disinfection sequence. A total inactivation ratio equal to or greater than 1.0 is assumed to provide a 3-log inactivation of Giardia lamblia cysts.

Customers, for the purpose of 310 CMR 22.16A, means billing units or service connections to which water is delivered by a community water system.

Day means calendar day, except as otherwise expressly provided in 310 CMR 22.00.

Department means the Department of Environmental Protection of the Commonwealth of Massachusetts.

Detected Contaminant, for the purpose of 310 CMR 22.16A, means at or above the method detection levels reported by the certified laboratory which shall be less than or equal to the method detection levels prescribed by 310 CMR 22.00.

Diatomaceous Earth means a fine, siliceous (made of silica) material composed mainly of the skeletal remains of diatoms.

Direct Filtration means a method of treating water which consists of the addition of coagulant chemicals, flash mixing, Coagulation, minimal flocculation, and Filtration; but does not include Sedimentation.

Direct Responsible Charge means accountability for and performance of active, daily on-site operation of a Treatment Facility or Distribution System, or a major segment of a Treatment Facility or Distribution System where shift operation is not required. Where shift operation is required "Direct Responsible Charge" shall mean accountability for and performance of active, daily on-site operation of an operating shift, or a major segment of the operation of a Treatment Facility or Distribution System.

Disinfectant means any oxidant, including but not limited to chlorine, chlorine dioxide, chloramines, and ozone, which is added to water in any part of the treatment or distribution process, and which is intended to kill or inactivate pathogenic microorganisms.

Disinfectant Contact Time ("T" in CT calculations) means the time in minutes that it takes for water to move from the Point of Disinfectant Application or the previous point of Disinfectant residual measurement to a point before or at the point where Residual Disinfectant Concentration ("C") is measured. Where only one "C" is measured, "T" is the time in minutes that it takes for water to move from the Point of Disinfectant Application to a point before or at where Residual Disinfectant Concentration ("C") is measured. Where more than one "C is measured, "T is (a) for the first measurement of "C", the time in minutes that it takes for water to move from the first or only Point of Disinfectant Application to a point before or at the point where the first "C" is measured and (b) for subsequent measurements of "C", the time in minutes that it takes for water to move from the previous "C" measurement point to the "C" measurement point for which the particular "T" is being calculated. Disinfectant Contact Time in pipelines must be calculated based on "plug flow" by dividing the internal volume of the pipe by the maximum hourly flow rate through that pipe. Disinfectant Contact Time within mixing basins and storage reservoirs must be determined by tracer studies or an equivalent demonstration.

Disinfection means a process that inactivates pathogenic organisms in water by chemical oxidants or equivalent agents.

Disinfection Profile means a summary of daily Giardia lamblia inactivation through the treatment plant.

Distribution System means a system of conduits (laterals, distributors, pipes, mains, and their appurtenances, and in some cases includes interior plumbing) by which potable water is distributed to consumers. The Distribution System may include the source booster pumping stations, storage tanks and reservoirs.

Division means the Drinking Water Program, one of the programs within the Bureau of Resource Protection comprising the Department of Environmental Protection.

Domestic or Other Non-distribution System Plumbing Problem means a coliform contamination problem in a public water system with more than one service connection that is limited to the specific service connection from which the coliform-positive sample was taken.

Dose Equivalent means the product of the absorbed dose from ionizing radiation and such factors as account for differences in biological effectiveness due to the type of radiation and its distribution in the body as specified by the International Commission on Radiological Units and Measurements (ICRU).

Dual Sample Set means a set of two samples collected at the same time and same location, with one sample analyzed for TTHM and the other sample analyzed for HAA5. Dual Sample Sets are collected for the purposes of conducting an IDSE under 310 CMR 22.07F(1) through 310 CMR 22.07F(6) and determining compliance with the TTHM and HAA5 MCLs under 310 CMR 22.07F.

Effective Corrosion Inhibitor Residual , for the purpose of 310 CMR 22.06B only, means a concentration sufficient to form a passivating film on the interior walls of a pipe.

Electrodialysis means the selective separation of dissolved solids on the basis of electrical charge, by diffusion through a semi-permeable membrane across which an electrical potential is imposed.

Emergency means any situation or event, natural or man-made, which causes or threatens to cause damage to a water supply system that could disrupt normal water supply functions. An Emergency may affect a portion of the system or the entire system. In an Emergency, a water supplier must take immediate action to assess the situation or event and may need to take immediate action to protect public health.

Emergency Source means any source of water used to supplement or temporarily replace a public water system's active or Inactive Source(s) when water of sufficient quality or quantity is not available. An Emergency Source may be placed On-line only after the Department's approval pursuant to a declaration of a state of water emergency under M.G.L. c. 21G, §§ 15 through 17 or as a requirement of a Department administrative order.

Enhanced Coagulation means the addition of sufficient coagulant for improved removal of Disinfection byproduct precursors by conventional Filtration treatment.

Enhanced Softening means the improved removal of Disinfection byproduct precursors by precipitative softening.

EPA means the United States Environmental Protection Agency.

Expand means to increase the yield of a well or Wellfield above the approved pumping rate.

Filter Profile means a graphical representation of individual filter performance, based on continuous Turbidity measurements or total particle counts versus time for an entire filter run, from startup to backwash inclusively, that includes an assessment of filter performance while another filter is being backwashed.

Filtration means a process for removing particulate matter from water by passage through porous media.

Finished Water means water that is introduced into the distribution system of a public water system and is intended for distribution and consumption without further treatment, except as treatment necessary to maintain water quality in the distribution system (e.g., booster Disinfection, addition of corrosion control chemicals).

First Draw Sample means a one-liter sample of tap water, collected in accordance with 310 CMR 22.06B(1)(a)2. that has been standing in plumbing pipes at least six hours and is collected without flushing the tap.

Flocculation means a process to enhance agglomeration or collection of smaller floc particles into larger, more easily settleable particles through gentle stirring by hydraulic or mechanical means.

Flowing Stream means a course of running water flowing in a definite channel.

Foreseeable Future means that a Public Water System has demonstrated its capacity to operate and maintain the system in compliance with 310 CMR 22.00 and each federal national primary drinking water regulation that will be in effect five years from the date of the Department's determination of the system's capacity.

GAC10 means granular activated carbon filter beds with an empty-bed contact time of ten minutes based on average daily flow and a carbon reactivation frequency of every 180 days except that the reactivation frequency for GAC10 used as a Best Available Technology for compliance with the MCLs under 310 CMR 22.07E(1)(c) shall be 120 days.

GAC20 means granular activated carbon filter beds with an empty-bed contact time of 20 minutes based on average daily flow and a carbon reactivation frequency of every 240 days.

Gross Alpha Particle Activity means the total radioactivity due to alpha particle emission as inferred from measurements on a dry sample.

Gross Beta Particle Activity means the total radioactivity due to beta particle emission as inferred from measurements on a dry sample.

Groundwater means all water that exists beneath the land surface in soils or geologic formations, specifically that part of the subsurface water in the Saturated Zone.

Groundwater under the Direct Influence of Surface Water means any water beneath the surface of the ground with significant occurrence of insects or other macroorganisms, algae, or large-diameter pathogens such as Giardia lamblia or Cryptosporidium, or significant and relatively rapid shifts in water characteristics such as Turbidity, temperature, conductivity, or pH which closely correlate to climatological or Surface Water conditions.

Guidelines and Policies for Public Water Systems means the Department's Drinking Water Program's document titled "Guidelines and Policies for Public Water Systems," as amended, utilized by the Drinking Water Program as a guidance document. Copies of the "Guidelines and Policies for Public Water Systems" are available for a nominal fee from the State Bookstore, State House, Room 116, Boston, Massachusetts and 436 Dwight Street, Springfield, Massachusetts.

Haloacetic Acids (Five) (HAA5) means the sum of the concentrations in milligrams per liter of the haloacetic acid compounds (monochloroacetic acid, dichloroacetic acid, trichloroacetic acid, monobromoacetic acid, and dibromoacetic acid), rounded to two significant figures after addition.

Halogen means one of the chemical elements chlorine, bromine, or iodine.

Home Water Treatment Device means any apparatus, appliance, instrument, or product designed or used in conjunction with residential plumbing systems or systems providing water in any building or structure for human consumption or use; including but not limited to, apparatus, appliances, instruments, or products using Filtration, distillation, absorption, ion exchange, Reverse Osmosis, or other treatment processes or technologies which alter the properties of water. Home Water Treatment Device includes point-of-entry and point-of-use devices.

Inactive Source means an Approved Source(s) that is expected to be off-line for at least one year (12 months). A source may be deemed inactive only upon written approval of the Department. An Inactive Source may not return to active status without written approval from the Department. Monitoring as specified at 310 CMR 22.00, is not required during the time that the source is inactive, unless otherwise specified by the Department.

Infiltration Gallery means a subsurface Groundwater collection system, which generally consists of a horizontal screen(s) or other porous media that collects Groundwater and induced Surface Water and routes it to a chamber from which water is pumped to a water treatment plant or Distribution System, installed adjacent to a Surface Water body for the purpose of inducing infiltration from the Surface Water body.

Initial Compliance Period means the first full three-year Compliance Period which begins at least 18 months after promulgation of the federal regulations.

Interim Wellhead Protection Area (IWPA) means that for public water systems using wells or Wellfields that lack a Department-approved Zone II, the Department will apply an Interim Wellhead Protection Area. This Interim Wellhead Protection Area shall be a one half mile radius measured from the well or Wellfield for sources whose approved pumping rate is 100,000 gpd or greater. For wells or Wellfields that pump less than 100,000 gpd, the IWPA radius is proportional to the approved pumping rate which may be calculated according to the following equation: IWPA radius in feet = (32 x pumping rate in gallons per minute) + 400. A default IWPA radius or an IWPA radius otherwise computed and determined by the Department shall be applied to Transient Non-community Water System (TNC) and Non-transient Non-community Water System (NTNC) wells when there is no metered rate of withdrawal or no approved pumping rate.

Laboratory Analyst means a Person who is qualified to perform tests in specified disciplines or categories.

Laboratory Director means the Person who has administrative and legal responsibility for the operation of the laboratory.

Laboratory Supervisor/Consultant means a Person with management and technical responsibility, who exercises supervision over technical personnel, evaluates the quality of analytical methods, performs tests requiring special scientific skills and is responsible for the accuracy and reporting of results.

Lake/Reservoir means a natural or man made basin or hollow on the Earth's surface in which water collects or is stored that may or may not have a current or single direction of flow.

Large Water System, for the purpose of 310 CMR 22.06(B), means a water system that serves more than 50,000 persons.

Lead-free means:

(a) not containing more than 0.2% lead when used with respect to solder and flux; and (b) not more than a weighted average of 0.25% lead when used with respect to the wetted surfaces of pipes, pipe fittings, plumbing fittings, and fixtures; provided that the weighted average lead content of a pipe, pipe fitting, plumbing fitting, or fixture shall be calculated by using the following formula:

1. for each wetted component, the percentage of lead in the component shall be multiplied by the ratio of the wetted surface area of that component to the total wetted surface area of the entire product to arrive at the weighted percentage of lead of the component;

2. the weighted percentage of lead of each wetted component shall be added together, and the sum of these weighted percentages shall constitute the weighted average lead content of the product;

3. the lead content of the material used to produce wetted components shall be used to determine compliance; and

4. for lead content of materials that are provided as a range, the maximum content of the range shall be used.

Lead Service Line means a service line made of lead which connects the water main to the building inlet and any lead pigtail, gooseneck or other fitting that is connected to such lead line.

Legionella means a genus of bacteria, some species of which have caused a type of pneumonia called Legionnaires Disease.

Level 1 Assessment means an evaluation to identify the possible presence of Sanitary Defects, defects in Distribution System coliform monitoring practices, and (when possible) the likely reason that the system triggered the assessment, and which consists, at a minimum, of the following elements:

(a) review and identification of atypical events that could affect distributed water quality or indicate that distributed water quality was impaired;

(b) changes in Distribution System maintenance and operation that could affect distributed water quality (including water storage);

(c) source and treatment considerations that bear on distributed water quality, where appropriate (e.g., whether a groundwater system is disinfected);

(d) existing water quality monitoring data; and

(e) inadequacies in sample sites, sampling protocol, and sample processing.

Level 2 Assessment means an evaluation to identify the possible presence of Sanitary Defects, defects in Distribution System coliform monitoring practices, and (when possible) the likely reason that the system triggered the assessment, and which consists of a more detailed examination of the system (including the system's monitoring and operational practices) than a Level 1 Assessment through the use of more comprehensive investigation and review of available information, additional internal and external resources, and other relevant practices, and includes, at a minimum, the following elements:

(a) review and identification of atypical events that could affect distributed water quality or indicate that distributed water quality was impaired;

(b) changes in Distribution System maintenance and operation that could affect distributed water quality (including water storage);

(c) source and treatment considerations that bear on distributed water quality, where appropriate (e.g., whether a groundwater system is disinfected);

(d) existing water quality monitoring data; and

(e) inadequacies in sample sites, sampling protocol, and sample processing.

Locational Running Annual Average (LRAA) means the average of sample analytical results for samples taken at a particular monitoring location during the previous four calendar quarters.

Man-made Beta Particle and Photon Emitters means all radionuclides emitting beta particles and/or photons listed in Maximum Permissible Body Burdens and Maximum Permissible Concentration of Radionuclides in Air or Water for Occupational Exposure, NBS Handbook 69, except the daughter products of thorium-232, uranium-235 and uranium-238.

Maximum Contaminant Level or MCL means the maximum permissible level of a contaminant in water which is delivered to any user of a public water system. The definition of Maximum Contaminant Level for the purpose of the consumer confidence report is contained in 310 CMR 22.16A(4)(c)2.

Maximum Contaminant Level Goal or MCLG means the level of a contaminant in drinking water at or below which there is no known or expected risk to health. MCLGs allow for a margin of safety.

Maximum Residual Disinfectant Level (MRDL) means a level of a Disinfectant added for water treatment that may not be exceeded at the consumer's tap without an unacceptable possibility of adverse health effects. MRDLs are enforceable in the same manner as Maximum Contaminant Levels under 310 CMR 22.00.

Maximum Residual Disinfectant Level Goal (MRDLG) means the maximum level of a Disinfectant added for water treatment at which no known or anticipated adverse effect on the health of Persons would occur, and which allows an adequate margin of safety. MRDLGs are non-enforceable health goals and do not reflect the benefit of the addition of the chemical for control of waterborne microbial contaminants.

Maximum Total Trihalomethane Potential means the maximum concentration of Total Trihalomethanes produced in a given water containing a Disinfectant residual after seven days at a temperature of 25°C or above.

Medium-size Water System, for the purpose of 310 CMR 22.06B, means a water system that serves greater than 3,300 and less than or equal to 50,000 persons.

Membrane Filtration means a pressure or vacuum driven separation process in which particulate matter larger than one micrometer is rejected by an engineered barrier, primarily through a sizeexclusion mechanism, and which has a measurable removal efficiency of a target organism that can be verified through the application of a direct integrity test. 310 CMR 22.02: Membrane Filtration includes the common membrane technologies of microfiltration, utrafiltration, nanofiltration, and Reverse Osmosis.

Method Detection Limit or MDL means the minimum concentration of substance that can be identified, measured, and reported with 99% confidence that the analyte concentration is greater than zero and is determined from analysis of a sample in a given matrix containing the analyte. The method detection limit refers to samples that have been processed through all the steps of an established analytical procedure.

Minimum Reporting Level or MRL means the minimum concentration that can be reported as a quantitated value for a target analyte in a sample following analysis.

Near the First Service Connection means at one of the 20% of all service connections in the entire system that are nearest the water supply treatment facility, as measured by water transport time within the distribution system.

New Source means any existing, proposed, or expanded use of a water source in a public water system that has not met the requirements of guidelines and regulations utilized by the Drinking Water Program.

New Source Approval Process means the step-by-step process utilized by the Department's Drinking Water Program culminating in the development of water for a public water system.

Non-zoning Controls means by-laws, ordinances, rules and regulations, other than Zoning Controls, adopted in accordance with the constitutional and statutory powers of cities and towns to protect the health, safety and general welfare of their present and future inhabitants.

On-line means a well, Wellfield or Surface Water Source from which water currently is being pumped or drawn for use in a public water system.

Optimal Corrosion Control Treatment means, for the purpose of 310 CMR 22.06B only, the corrosion control treatment that minimizes the lead and copper concentrations at users' taps while insuring that the treatment does not cause the water system to violate any national primary drinking water regulations.

Performance Evaluation Sample means a reference sample provided to a laboratory for the purpose of demonstrating that the laboratory can successfully analyze the sample within limits of performance set by the Department.

Person means an individual, corporation, company, association, trust, partnership, the Commonwealth, a municipality, district or other subdivision or body politic of the Commonwealth, any department, agency, or instrumentality of the United States, except that nothing herein shall be construed to refer to or include any American Indian tribe, or the United States Secretary of the Interior in his capacity as trustee of Indian lands.

Picocurie (pCi) means that quantity of radioactive material producing 2.22 nuclear transformations per minute.

Plant Intake means the works or structures at the head of a conduit through which water is diverted from a source (e.g., river or lake) into the treatment plant.

Point of Disinfectant Application is the point where the Disinfectant is applied and water downstream of that point is not subject to recontamination by Surface Water runoff.

Point-of-entry Treatment Device (POE) means a device installed to treat the water entering a house or building or portion of such for the purpose of reducing contaminants in the water distributed throughout the house or building or portion of such.

Point-of-use Treatment Device (POU) means a treatment device installed on a single faucet or spigot used for the purpose of reducing contaminants in drinking water at that one faucet or spigot.

Pre-sedimentation means a preliminary treatment process used to remove gravel, sand and other particulate material from the source water through settling before the water enters the primary clarification and Filtration processes in a treatment plant.

Primary Operator means a person who is certified by the Board of Certification of Drinking Water Supply Facilities and has a grade certificate at least equal to the class of the corresponding facility at which he or she is employed. The Primary Operator shall be the individual who has direct supervision and responsibility for charge of the operation of a facility such as the superintendent or chief plant operator who has active field supervision of the operation of the facility or who is required in the performance of their normal duties to give responsible, technical advice and supervision of the technical aspects rather than only general administrative supervision of the treatment and/or distribution of the water supply and spends their working hours at the treatment facility or performing distribution system duties and is knowledgeable of 310 CMR 22.00, guidelines and policies. The Primary Operator of the facility shall hold a "Full Operator" status and cannot hold an "Operator-in-training" certificate as defined in 236 CMR 4.05: Issuance of Certificates.

Public Water System means a system for the provision to the public of water for human consumption, through pipes or other constructed conveyances, if such system has at least 15 service connections or regularly serves an average of at least 25 individuals daily at least 60 days of the year. Public Water System includes any collection, treatment, storage, and distribution facilities under control of the operator of such a system and used primarily in connection with such system, and any collection or pretreatment storage facilities not under such control which are used primarily in connection with such system. The Department may presume that a system is a Public Water System as defined in 310 CMR 22.00 based on the average number of persons using a facility served by the system or on the number of bedrooms in a residential home or facility. The Department reserves the right to evaluate and determine whether two or more wells located on commonly owned property, that individually may serve less than 25 people, but collectively serve more than 25 people for more than 60 days of the year should not be regulated as a Public Water System, taking into account the risk to public health. A Public Water System includes a "Community Water System" or a "Non-community Water System".

(a) Community Water System means a Public Water System which serves at least 15 service connections used by year-round residents or regularly serves at least 25-year round residents.

(b) Non-community Water System means a Public Water System that is not a Community Water System.

1. Non-transient Non-community Water System or NTNC means a Public Water System that is not a Community Water System and that has at least 15 service connections or regularly serves at least 25 of the same individualss or more approximately four or more hours per day, four or more days per week, more than six months or 180 days per year; such as a workplace providing water to its employees.

2. Transient Non-community Water System or TNC means a Public Water System that is not a Community Water System or a Non-transient Non-community Water System, but is a Public Water System which has at least 15 service connections or serves water to 25 different persons at least 60 days per year. Some examples of these types of systems are: restaurants, motels, camp grounds, parks, golf courses, ski areas and community centers.

Public Water System Capacity means a Public Water System has the technical, financial, and managerial ability to operate in compliance with 310 CMR 22.00, the Department's Guidelines and Policies for Public Water System and each National Primary Drinking Water Regulation in effect at the time of such approval and in the foreseeable future

Raw Water means water in its natural state, prior to treatment, which typically is the water entering the first treatment process of a water treatment plant.

Reliably and Consistently below the MCL means that though a system detects contaminants in its water supply, it has sufficient knowledge of the source or extent of the contamination to predict that the MCL would not be exceeded in the future. Wide variations in analytical results or an analytical result which is close to the MCL are examples of situations where systems would not be Reliably and Consistently below the MCL.

Rem means the unit of Dose Equivalent from ionizing radiation to the total body or any internal organ or organ system. A "millirem (mrem)" is 1/ of a rem.

Repeat Compliance Period means any subsequent Compliance Period after the Initial Compliance Period.

Replacement Well means a new well(s)/Wellfield installed to replace or supplement an approved well(s)/Wellfield where the proposed new well(s)/Wellfield will be situated within 250 feet of the original well(s)/Wellfield and have a pumping rate equal to or less than that of the original well(s)/Wellfield. Replacement Wells must be installed in the same unconsolidated geologic formation as the original approved well(s)/Wellfield. Criteria used to determine location of Replacement Wells shall include, but not be limited to, the following: extent to which negative environmental impacts caused by the existing well can be minimized; degree to which Replacement Wells alter the existing groundwater hydraulics or Zone II boundaries; and the degree to which significant potential contamination threats can be lessened. Replacement Wells shall not significantly alter the existing groundwater hydraulics or Zone II boundaries. Replacement Wells are subject to the New Source requirements as deemed applicable by the Department.

Residual Disinfectant Concentration ("C" in CT calculations) means the concentration of Disinfectant measured in mg/l in a representative sample of water.

Reverse Osmosis means the application of pressure to a concentrated solution which causes the passage of a liquid from the concentrated solution to a weaker solution across a semi-permeable membrane. The membrane allows the passage of the water (solvent) but not the dissolved solids (solutes).

River Source means a drinking water source with a direct intake located at any river or stream that is designated as a drinking water source in 314 CMR 4.00: Massachusetts Surface Water Quality Standards. Protected Zones A, B, and C, as defined in 310 CMR 22.00, do not apply to River Sources designated as Class B under 314 CMR 4.00.

Running Annual Average. The Running Annual Average for MCL/MRDL compliance calculation purposes is defined as the average of quarterly or monthly averages of the compliance monitoring result(s) from the prior four calendar quarters. If multiple compliance monitoring samples are collected in any given quarter or month, then the results of these samples are averaged in order to establish a single representative contaminant concentration for each quarter or month. These quarterly (four values) or monthly (12 values) concentrations are then averaged for the prior four calendar quarters. If all of the required compliance monitoring sample(s) for a quarter or month were not collected, then the Running Annual Average calculation shall exclude a concentration value for that quarter or month (e.g., if one quarter's sampling is missing, then the Running Annual Average is based upon the sum of the quarterly averages from the other three quarters divided by three). Results from additional samples that were collected and analyzed in the same manner as compliance monitoring samples and that are representative of drinking water being provided to the public may also be used in this calculation.

Sampling Point means the entry point to the distribution system that represents each source after treatment.

Sanitary Defect means a defect that could provide a pathway of entry for microbial contamination into the Distribution System or that is indicative of a failure or imminent failure in a barrier that is already in place. (Sanitary Defect may also be identified as a Significant Deficiency under the Ground Water Rule 310 CMR 22.26.)

Sanitary Survey means an on-site review of the water sources, facilities, equipment, operation and maintenance of a Public Water System for the purpose of evaluating the adequacy of such source, facilities, equipment, operation and maintenance for producing and distributing safe drinking water.

Satellite Facility means a Treatment Facility which is operated, controlled, and monitored by an appropriately Certified Operator working within the same Public Water System.

Saturated Zone means a zone in which all voids, large and small, are filled with water under pressure, equal to or greater than atmospheric pressure.

SCADAsee definition for Supervisory Control and Data Acquisition System.

Seasonal System means a Non-community Water System that is not operated as a Public Water System on a year-round basis and starts up and shuts down at the beginning and end of each operating season.

Secondary Maximum Contaminant Level (SMCL) means standards which apply to Public Water Systems and which in the judgment of the Administrator or the Department, are requisite to protect the public welfare. The SMCL is the maximum permissible level of a contaminant in water, which is delivered to the free flowing outlet of the ultimate user of a Public Water System. Contaminants added to the water under circumstances controlled by such user, except those resulting from corrosion of piping and plumbing caused by water quality, are excluded from Secondary Maximum Contaminant Level (SMCL)

Secondary Operator means a person who is certified by the Board of Certification of Operators of Drinking Water Supply Facilities and has an operator's license not less than one grade lower than the classification of the facility at which they are employed. For Class III treatment facilities or higher, the Secondary Operator must also have at least six months working experience in a Class II treatment facility or higher. A Secondary Operator shall be an individual who spends their working hours at the treatment facility as the shift supervisor or performs distribution system duties as a foreman or assistant superintendent and is knowledgeable of 310 CMR 22.00: Drinking Water, guidelines and policies. A Secondary Operator shall be in Direct Responsible Charge during periods of time when the Primary Operator is temporarily absent or is not scheduled for duty. The Secondary Operator may hold an Operator-in-Training certificate as defined in 236 CMR: Board of Certification of Operators of Drinking Water Supply Facilities.

Sedimentation means a process for removal of solids before Filtration by gravity or separation.

Service Line Sample means a one-liter sample of water, collected in accordance with 310 CMR 22.06B(7) has been standing for at least six hours in a service line.

Significant Deficiency means one or more conditions that cause, or have the potential to cause, the introduction of contamination into water delivered to customers, including without limitation:

(a) defects in design, operation, or maintenance of any source, Treatment Facility or Distribution System; and

(b) the failure or malfunction of any of source, Treatment Facility or Distribution System. (Significant Deficiency may also be identified as a Sanitary Defect under 310 CMR 22.05.)

Single Family Structure, for the purpose of 310 CMR 22.06B only, means a building constructed as a single-family residence that is currently used as either a residence or a place of business.

Slow Sand Filtration means a process involving passage of raw water through a bed of sand at low velocity (generally less than 0.4 m/h) resulting in substantial particulate removal by physical and biological mechanisms.

Small Water System, for the purpose of 310 CMR 22.06B, means a water system that serves no more than 3,300 persons.

Spring means a natural discharge point where groundwater issues from soil or rocks in concentrated flow. Public water supply Springs will be perennial or intermittent springs of nonthermal origin. A source is not considered a Spring if mechanical methods are used to enhance the flow of water.

Stabilization means the processes that convert organic materials to a form that resists change. Organic material is stabilized by bacteria which convert the material to gases and other relatively inert substances. Stabilized organic material generally will not give off obnoxious odors.

Standard Sample means the aliquot of finished drinking water that is examined for the presence of coliform bacteria.

Substantial Modification means any deviation from approved plans or specifications affecting capacity, hydraulic conditions, operating units, the functioning of water treatment processes or systems, or the quality of water delivered to consumers. Substantial Modification does not apply to Substantial Modifications as that term is used in 310 CMR 22.22.

Supervisory Control and Data Acquisition System or SCADA System means a computer-monitored alarm, response, control and data acquisition system used by drinking water facilities to monitor their operations.

Supplier of Water means any Person who owns or operates a Public Water System.

Surface Water means all water that is open to the atmosphere and subject to surface runoff.

Surface Water Source means any lake, pond, reservoir, river, stream or impoundment designated as a public water supply in 314 CMR 4.00: Massachusetts Surface Water Quality Standards.

SUVA means Specific Ultraviolet Absorption at 254 nanometers (nm), an indicator of the humic content of water. It is a calculated parameter obtained by dividing a sample's ultraviolet absorption at a wavelength of 254 nm (UV) (in m-1) by its concentration of dissolved organic carbon (DOC) (in mg/l).

System with a Single Service Connection means a system that supplies drinking water to consumers via a single service line.

Tier 1 Public Notice means a public notice required for 310 CMR 22.00 violations and situations with significant potential to have serious adverse effects on human health as a result of shortterm exposure.

Tier 2 Public Notice means a public notice required for 310 CMR 22.00 violations and situations with potential to have serious adverse effects on human health.

Tier 3 Public Notice means a public notice for all other 310 CMR 22.00 violations and situations not included in Tier 1 and Tier 2.

Too Numerous to Count (TNTC) means that the total number of bacterial colonies exceeds 200 on a 47-mm diameter membrane filter used for coliform detection.

Total Organic Carbon (TOC) means Total Organic Carbon in mg/l measured using heat, oxygen, ultraviolet irradiation, chemical oxidants, or combinations of these oxidants that convert organic carbon to carbon dioxide, rounded to two significant figures.

Total Trihalomethanes (TTHM) means the sum, rounded to two significant figures, of the concentrations in milligrams per liter of the trihalomethane compounds, trichloromethane (chloroform), bromodichloromethane, dibromochloromethane, and tribromomethane (bromoform).

Treatment Facility means those components of a Public Water System involved in the production of drinking water for public consumption by the addition of any chemical or use of any treatment process to alter the physical, biological or chemical quality of the water.

Treatment Technique (TT) means a process, practice, or device required by 310 CMR 22.00, the National Primary Drinking Water Standards, or by the terms and conditions of a permit, approval or order issued by the Department intended to reduce the level of a contaminant or other constituent in drinking water.

Tributary means any body of running, or intermittently running, water which moves in a definite channel, naturally or artificially created, in the ground due to a hydraulic gradient, and which ultimately flows into a Class A Surface Water Source, as defined in 314 CMR 4.05(3)(a): Class A.

Trihalomethane means one of the family of organic compounds, named as derivatives of methane, wherein three of the four hydrogen atoms in methane are each substituted by a Halogen atom in the molecular structure.

Two-stage Lime Softening means a process in which chemical addition and hardness precipitation occur in each of two distinct unit clarification processes in series prior to Filtration.

Turbidity means a measure of water clarity. Turbidity is measured in terms of Nephelometric Turbidity Units (NTU), representing the intensity of light scattered by a sample under defined conditions.

Uncovered Finished Water Storage Facility means is a tank, reservoir, or other facility used to store water that will undergo no further treatment to reduce microbial pathogens except residual Disinfection and is directly open to the atmosphere.

Variances and Exemptions means, as defined in 310 CMR 22.16A(4)(d)1., permission by the Department or EPA not to meet an MCL or a Treatment Technique under certain conditions

Virus means a Virus of fecal origin which is infectious to humans by waterborne transmission.

Water Used for Human Consumption means water that is used by humans in residential, commercial, industrial, institutional or other setting for drinking, bathing, showering, cooking, dishwashing, or maintaining oral hygiene.

Waterborne Disease Outbreak means the significant occurrence of acute infectious illness, epidemiologically associated with the ingestion of water from a Public Water System which is deficient in treatment, as determined by the Department in conjunction with the Massachusetts Department of Public Health.

Watershed means the area contained within geomorphic or topographic boundaries of higher elevations which cause Surface Water and/or Groundwater to drain or flow to lower elevations into water used as a Public Water System source.

Wellfield means a series of three or more wells that are manifolded together provided that the wells:

(a) shall be either suction lifted or individually pumped all at the same time;

(b) shall have pump intake depths no greater than 28 feet below ground level; and

(c) shall be a maximum distance of 50 feet apart.

Wholesale System means a Public Water System that treats source water as necessary to produce finished water and then delivers some or all of that finished water to another Public Water System. Delivery may be through a direct connection or through the distribution system of one or more consecutive systems.

Zone A means:

(a) the land area between the Surface Water Source and the upper boundary of the Bank;

(b) the land area within a 400 foot lateral distance from the upper boundary of the Bank of a Class A Surface Water Source, as defined in 314 CMR 4.05(3)(a): Class A; and

(c) the land area within a 200 foot lateral distance from the upper boundary of the Bank of a Tributary or associated Surface Water body.

Zone B means the land area within ½ mile of the upper boundary of the Bank of a Class A Surface Water Source, as defined in 314 CMR 4.05(3)(a): Class A, or edge of Watershed, whichever is less. However, Zone B shall always include the land area within a 400-foot lateral distance from the upper boundary of the Bank of the Class A Surface Water Source.

Zone C means the land area not designated as Zone A or B within the Watershed of a Class A Surface Water Source as defined at 314 CMR 4.05(3)(a): Class A.

Zone I means the protective radius required around a public water supply well or Wellfield. For Public Water System wells with approved yields of 100,000 gpd or greater, the protective radius is 400 feet. Wellfields and infiltration galleries with approved yields of 10,000 gpd or greater require a 250-foot protective radius. Protective radii for all other Public Water System wells, Wellfields, and infiltration galleries are determined by the following equation: Zone I radius in feet = (150 x log of pumping rate in gpd) - 350. This equation is equivalent to the chart in the Guidelines and Policies for Public Water Systems. A default Zone I radius or a Zone I radius otherwise computed and determined by the Department shall be applied to Transient Non-community Water System (TNC) and Non-transient Non-community Water System (NTNC) wells when there is no metered rate of withdrawal or no approved pumping rate. In no case shall the Zone I radius be less than 100 feet.

Zone II means that area of an aquifer that contributes water to a well under the most severe pumping and recharge conditions that can be realistically anticipated (180 days of pumping at approved yield, with no recharge from precipitation). It is bounded by the groundwater divides that result from pumping the well and by the contact of the aquifer with less permeable materials such as till or bedrock. In some cases, streams or lakes may act as recharge boundaries. In all cases, Zone II shall extend upgradient to its point of intersection with prevailing hydrogeologic boundaries (a groundwater flow divide, a contact with till or bedrock, or a recharge boundary). The Zone II must include the entire Zone I area. For Springs, the Zone II is that area of an aquifer, which contributes water to the Spring under naturally flowing conditions.

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 will be used to delineate Zone III. In some locations, where surface and groundwater drainage is not coincident, Zone III shall consist of both the surface drainage and the groundwater drainage areas.

Zoning Controls means by-laws and ordinances adopted by cities and towns in accordance with M.G.L. c. 40A.

(2) Definitions as Related to Cross Connections. As used in 310 CMR 22.22, unless the context indicates otherwise, the following words shall have the following meanings:

Air Gap Separation means the method of preventing backflow through the use of an unobstructed vertical distance through the free atmosphere between the lowest opening from any pipe or faucet supplying water to a tank, plumbing fixture, or other device and the flood level rim of the receptacle. The air gap separation shall be at least twice the internal diameter of the supply pipe discharge line but in no case less than one inch.

Approved Backflow Prevention Device or Device means a testable or non-testable cross connection control device that is approved by the Department for use in Massachusetts.

Approved Examiner means an individual authorized in writing by the Department to administer written and practical certification examinations at a recognized training institution.

Atmospheric Vacuum Breaker means an approved backflow device used to prevent back siphonage which is not designed for use under static line pressure.

Audit means a review of a Public Water System's implementation of its cross connection program to evaluate its effectiveness in distributing safe drinking water.

Back Pressure means pressure created by mechanical means or other means which causes water or other liquids or substances to flow or move in a direction opposite to that which is intended.

Back Siphonage means a form of backflow due to reduced or sub-atmospheric pressure within a water system.

Backflow means the flow of water or other liquids, mixtures or substances into the distribution pipes of a potable water supply from any source other than the intended source.

Backflow Preventer with Intermediate Atmospheric Vent means a non testable device having two independently operating check valves separated by an intermediate chamber with a means for automatically venting it to the atmosphere, in which the check valves are force loaded to a normally closed position and the venting means is forced loaded to a normally open position.

Backflow Prevention Device Tester means an individual who is certified by the Department as a Massachusetts Backflow Prevention Device Tester.

Barometric Loop means a loop of pipe rising at least 35 feet, at its topmost point, above the highest fixture it supplies for the protection of back siphonage.

Certification Examination means an examination approved by the Department for the purpose of testing competency in all areas of cross connection control and backflow prevention device testing.

Certified Backflow Prevention Device Tester means an individual who holds a valid Massachusetts Backflow Prevention Device Tester's Certificate issued by the Department.

Contaminant means any physical, chemical, biological or radiological substance or matter in water.

Cross Connection means any actual or potential physical connection or arrangement between a pipe conveying potable water from a Public Water System and any non-potable water supply, piping arrangement or equipment including, but not limited to, waste pipe, soil pipe, sewer, drain, other unapproved sources.

Cross Connection Program Plan means a plan submitted to the Department by the water supplier describing the current and proposed cross connection program and including information on staffing, training, testing, surveying, fee structure, etc.

Cross Connection Surveyor means a Person who is certified by the Department as a Massachusetts Cross Connection Surveyor.

Cross Connection Violation Form means a violation form which is sent to the owner by the water supplier with copies to the plumbing inspectors and Board of Health delineating cross connection violations found on the owner's premises and a procedure for corrective action.

Department's Designee or Designee means any water supplier to whom, upon written request of said water supplier, the Department delegates any portion of its authority to act under 310 CMR 22.22.

Design Data Sheet means a report form submitted to the Department or its Designee along with plans for each installation of a reduced pressure backflow preventer or double check valve assembly, or for each change to any such device already installed, describing and showing the details of the specific installation.

Double Check Valve Assembly means a Department approved testable backflow prevention device that incorporates an assembly of check valves, with shut-off valves at each end and appurtenances for testing.

Health Hazard means an actual or potential threat of contamination to the potable water in a Public Water System, which, in the opinion of the Department or its Designee would endanger health.

Hose Bibb Vacuum Breaker means an atmospheric vacuum breaker designed to be used on outlets with hose connection thread.

In-plant Protection means the location of approved backflow prevention devices in a manner, which provides protection of the consumers of water and the potable water system within the premises.

Inspection means an on-site inspection and survey by a qualified individual to determine the existence and location of cross connections and/or the physical examination and testing of an installed backflow prevention device to verify that the backflow prevention device is functioning properly.

Inspection and Maintenance Report Form means a report form, designated by the Department, which is to be used by certified testers to record all pertinent testing information.

Owner means any Person maintaining a cross connection installation or owning or occupying premises on which cross connections can or do exist.

Owner's Agent means any Person or body designated by the owner to act as his or her representative.

Potable Water means water from any source that has been approved by the Department for human consumption.

Pressure Vacuum Breaker means an approved backflow prevention device designed to prevent only back siphonage and which is designed for use under static line pressure.

Reduced Pressure Backflow Preventer means an approved testable backflow prevention device incorporating:

(a) two or more check valves;

(b) an automatically operating differential relief valve located between the two checks;

(c) two shut-off valves; and

(d) necessary appurtenances for testing; and which is designed to operate so that:

1. the pressure in the zone between the two check valves is maintained at a value less than the pressure on the Public Water System side of the device;

2. at cessation of normal flow, the pressure in the zone between the two check valves is maintained at a value less than the pressure on the Public Water System side of the device; and

3. in the case of leakage of either check valve, the differential relief valve shall operate to maintain reduced pressure in the zone by discharging to the atmosphere.

Reviewing Authority means the Department, its Designee, or the local plumbing inspector, authorized by M.G.L. c. 142 and licensed by the Board of State Examiners of Plumbers and Gas Fitters, whichever is responsible for the review and approval of the installation of an approved backflow prevention device.

Unapproved Source means the source or distribution system for any water or other liquid or substance which has not been approved by the Department as being of safe and sanitary quality for human consumption, including but not limited to any waste pipe, soil pipe, sewer, drain, or non-acceptable potable water system material.

310 CMR 22.02

Amended by Mass Register Issue 1309, eff. 3/25/2016.
Amended by Mass Register Issue 1419, eff. 6/12/2020.
Amended by Mass Register Issue 1427, eff. 10/2/2020.
Amended by Mass Register Issue 1430, eff. 10/2/2020.
Amended by Mass Register Issue 1461, eff. 1/21/2022.