314 CMR, § 18.04
The following words and phrases, except as otherwise required by the context, have the following meanings when used herein:
Above-ground Holding Tank means any holding tank constructed and positioned completely on or above the plane of the adjacent surrounding surface.
Commonwealth means the Commonwealth of Massachusetts.
Compatible Materials means materials that are suitable for mixing or contact without causing containment corrosion, degradation, or an undesirable chemical reaction.
Container means any portable device used to accumulate, store, or transport industrial wastewater, except mobile tanks as defined in 314 CMR 18.04.
Centralized Waste Treatment (CWT) Facility means a facility permitted by the Department under 314 CMR 7.00: Sewer System Extension and Connection Permit Program or that holds a permit from a Publicly Owned Treatment Works, that collects and treats non-hazardous industrial wastewater received from off-site industrial facilities, in compliance with the applicable requirements of 314 CMR 12.00: Operation and Maintenance and Pretreatment Standards for Wastewater Treatment Works and Indirect Dischargers and 40 CFR 437.
Decommissioning In-ground Holding Tank means removing an in-ground holding tank from the site, filling an in-ground holding tank with an inert material (such as clean sand or soil), or permanently changing the function of an in-ground holding tank from accumulating and storing industrial wastewater to any other use.
Department means the Massachusetts Department of Environmental Protection.
Disposal means the discharge, deposit, injection, dumping, spilling, leaking, incineration, or placing of any industrial wastewater into or on any land, water, or treatment facility so that it may enter the environment, be emitted into the air, or be discharged into waters of the Commonwealth.
Domestic Wastewater or Sanitary Wastewater or Sewage means water containing human or animal wastes from residences, buildings, industrial establishments or other places.
Double-walled Tank means a holding tank that is an integral tank structure that includes an inner tank and an outer shell. The inner tank shall be completely enveloped within an outer shell so that any release from the inner tank shall be contained by the outer shell.
Episodic Situation means a temporary situation caused by non-routine or irregular incidents.
Existing Holding Tank means a holding tank installed before November 15, 2002. A holding tank converted from a septic tank or oil and water separator is considered an existing holding tank if that septic tank or oil and water separator was converted to a holding tank before November 15, 2002.
Facility means any site or works where industrial wastewater is or will be generated, stored, treated, dewatered, refined, incinerated, reclaimed, stabilized, solidified, disposed, or otherwise processed.
Hazardous Waste means a waste considered hazardous pursuant to 310 CMR 30.000: Hazardous Waste.
Holding Tank means a stationary device, constructed of non-earthen materials (e.g., concrete, steel or plastic) that provides structural support, and is used to accumulate or store industrial wastewater. Tanks that are transportable and not mounted on a truck or trailer, but merely placed on a truck or trailer, are considered holding tanks. The term holding tank does not include mobile tanks as defined in 314 CMR 18.04, but does include in-ground and above-ground holding tanks.
H-20 Loading means a standard loading as specified by the American Association of Highway Officials. For reference purposes, H-20 Loading is a standard that has been developed by the American Association of State Highway and Transportation Officials (AASHTO) and is essentially equivalent to the load that a 40,000 pound truck 14 feet long exerts as it travels over a given point, See Specifications for Highways Bridges, AASHTO, 1996, pp. 21-22.
Impervious Liner means a continuous layer of impervious material completely covering the bottom and side surfaces of a holding tank.
Incompatible Materials means materials that are not suitable for mixing or contact because the mixing or contact may cause containment corrosion, degradation, or an undesirable chemical reaction.
Industrial Wastewater means 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 industrial wastewater.
In-ground Holding Tank means any holding tank positioned partially or completely below the plane of the adjacent surrounding surface.
Manually Filled Holding Tank means a holding tank that can be filled only by manual operation. The tank that can be filled through a piping system by gravity or pump is not a manually filled holding tank.
M.G.L. means the Massachusetts General Laws.
Mobile Tank means a transportable tank mounted on a truck or trailer that meets applicable Department of Transportation (DOT) standards, including equipment to load industrial wastewater. Mobile tanks do not include tanks merely placed on trucks or trailers. Such tanks merely placed on trucks or trailers are defined as above-ground holding tanks under 314 CMR 18.04.
New Holding Tank means a holding tank that is installed, or a septic tank or an oil and water separator that is converted to a holding tank on, or after November 15, 2002.
Operator means the person responsible for the operation, including, but not limited to filling, emptying and maintaining a holding tank, mobile tank, or container for industrial wastewater.
Owner means a person who has effective control, or legal or equitable ownership, alone or with others, of any site where a holding tank, mobile tank, or container for industrial wastewater subject to 314 CMR 18.00 is located, including but not limited to any agent, executor, administrator, trustee, lessee, or guardian of the estate for the holder of the legal title.
Person means 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 means 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 non-point source, which is or may be discharged, drained or otherwise introduced into any sewerage system, treatment works or waters or on to any land of the Commonwealth.
Publicly Owned Treatment Works or POTW means 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.
React means to act in response to another substance to produce a chemical change.
Secondary Containment means techniques that shall use either an impervious liner, a vault, or double-walled tank to contain spills from a holding tank to prevent a release to the environment.
Site means a 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 two 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 controlled by such person, and to which the public does not have access, are considered on-site property.
Surface Waters means all waters other than ground waters within the jurisdiction of the Commonwealth, including without limitation, rivers, streams, lakes, ponds, springs, impoundments, estuaries, wetlands, vernal pools, and coastal waters.
Tight Tank means a water tight vessel having an inlet to receive raw sewage but no outlet and which is designed and used to collect and store sewage until it is removed for disposal, and which is regulated under 310 CMR 15.000: The State Environmental Code, Title 5: Standard Requirements for the Siting, Construction, Inspection, Upgrade and Expansion of On-site Sewage Treatment and Disposal Systems and for the Transport and Disposal of Septage .
Treatment Facility or Works means any and all devices, processes and properties, real and personal, used in the collection, pumping, transmission, storage, treatment, disposal, recycling, reclamation, or reuse of waterborne pollutants, but not including any works receiving a hazardous waste from off the site of the works for the purpose of treatment, storage or disposal, or holding tanks regulated under 314 CMR 18.00.
Treatment, Storage and Disposal Facility (TSDF) means a facility licensed to treat, store or dispose of hazardous waste.
Vault means an impervious underground compartment structure.
Waters of the Commonwealth means all waters within the jurisdiction of the Commonwealth, including, without limitation, rivers, streams, lakes, ponds, springs, impoundments, estuaries, wetlands, coastal waters, ground waters, and vernal pools. Wetlands constructed for the sole purpose of stormwater management on or after January 2, 2008 are not waters of the Commonwealth. Wetlands constructed for the sole purpose of wastewater management and lined basins constructed for the sole purpose of water supply treatment works residuals treatment, or for storing reclaimed water so that it may be reused are not waters of the Commonwealth provided they are constructed on or after March 20, 2009.
Zone A means the following land area:
(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 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 Department's 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 1 radius be less than 100 feet.
314 CMR, § 18.04