For the purposes of this regulation, the following words and phrases
shall have the following meanings:
COMMERCIAL FERTILIZERS
Any substance containing one or more recognized plant nutrients which
is used for its plant nutrient content and which is designed for use, or claimed
by its manufacturer to have value in promoting plant growth. Commercial fertilizers
do not include unmanipulated animal and vegetable manures, marl, lime, limestone,
wood ashes, and gypsum.
DEPARTMENT
The Massachusetts Department of Environmental Protection.
DISCHARGE
The accidental or intentional disposal, deposit, injection, dumping,
spilling, leaking, incineration, or placing of toxic or hazardous material
or waste upon or into any land or water so that such hazardous waste or any
constituent thereof may enter the land or waters of the commonwealth. "Discharge"
includes, without limitation, leakage of such materials from failed or discarded
containers or storage systems and disposal of such materials into any on-site
leaching structure or sewage disposal system.
HAZARDOUS MATERIAL
A product, waste or combination of substances which because of its
quantity, concentration, or physical, chemical, toxic, radioactive, or infectious
characteristics may reasonably pose a significant, actual, or potential hazard
to human health, safety, welfare, or the environment when improperly treated,
stored, transported, used, disposed of, or otherwise managed. Hazardous materials
include, without limitation, synthetic organic chemicals, petroleum products,
heavy metals, radioactive or infectious materials, and all substances defined
as "toxic" or "hazardous" under MGL c. 21C and c. 21E, using the Massachusetts
Oil and Hazardous Substance List (310 CMR 40.0000). The definition may also
include acids and alkalis, solvents, thinners, and pesticides.
LANDFILL
A facility established (in accordance with a valid site assignment)
for the purposes of disposing solid waste into or on the land, pursuant to
310 CMR 19.006.
NONSANITARY WASTEWATER
Wastewater discharges from industrial and commercial facilities containing
wastes from any activity other than collection of sanitary sewage, including,
but not limited to, activities specified in the standard industrial classification
(SIC) codes set forth in 310 CMR 15.004(6).
OPEN DUMP
A facility which is operated or maintained in violation of the Resource
Conservation and Recovery Act [42 U.S.C. § 4004(a)(b)], or the regulations
and criteria for solid waste disposal.
SEPTAGE
The liquid, solid, and semisolid contents of privies, chemical toilets,
cesspools, holding tanks, or other sewage waste receptacles. Septage does
not include any material which is a hazardous waste, pursuant to 310 CMR 30.000.
SLUDGE
The solid, semisolid, and liquid residue that results from a process
of wastewater treatment or drinking water treatment. Sludge does not include
grit, screening, or grease and oil which are removed at the headworks of a
facility.
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, but not including
any works receiving a hazardous waste from off the site of the works for the
purpose of treatment, storage, or disposal.
VERY SMALL QUANTITY GENERATOR
Any public or private entity, other than residential, which produces
less than 27 gallons (100 kilograms) a month of hazardous waste oil, but not
including any acutely hazardous waste as defined in 310 CMR 30.136.
WASTE OIL RETENTION FACILITY
A waste oil collection facility for automobile service stations,
retail outlets, and marinas which is sheltered and has adequate protection
to contain a spill, seepage, or discharge of petroleum waste products in accordance
with MGL c. 21, § 52A.
ZONE 2
That area of an aquifer which 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 which 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 2 shall extend up gradient to its point of intersection
with prevailing hydrogeologic boundaries (a groundwater flow divide a contact
with till or bedrock, or a recharge boundary).
Failure to comply with provisions of this regulation will result in
the levy of fines of not less than $200, but no more than $1,000. Each day's
failure to comply with the provisions of this regulation shall
constitute a separate violation.
Each provision of this regulation shall be construed as separate to
the end that, if any provision, or sentence, clause or phrase thereof, shall
be held invalid for any reason, the remainder of that section and all other
sections shall continue in full force and effect.