30.010 - Definitions

30.010. Definitions

As used throughout 310 CMR 30.000, the following terms shall have the following meanings, unless the context clearly indicates otherwise.

Aboveground Tank means a device meeting the definition of a tank that is situated in such a way that the entire surface area of the tank is completely above the plane of the adjacent surrounding surface and the entire surface area of the tank (including the tank bottom) is able to be visually inspected. Where a double-walled tank is used, the entire surface area of the outer wall must be completely above the surrounding surface and be able to be visually inspected.

Accidental Occurrence means an accident including, but not limited to, continuous or repeated exposure to conditions, which results in bodily injury or property damage neither expected nor intended by the insured. Every accidental occurrence shall be deemed either sudden or non-sudden.

Accumulation means 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 or 30.351, such containment is storage and not accumulation of hazardous waste.

Active Life of a Facility means the period from the initial receipt of hazardous waste at the facility until the Department receives certification of final closure.

Active Portion means that portion of a facility where treatment, storage, or disposal operations are being or have been conducted after November 19, 1980 and which is not a closed or inactive portion. (See also closed portion and inactive portion.)

Actual Public Underground Drinking Water Source means a groundwater source of drinking water used by a Public Water System as defined in 310 CMR 22.02: Definitions.

Acutely Hazardous Regulated Recyclable Material means a recyclable material that, if discarded, would be a waste listed in 310 CMR 30.136 or a waste with EPA Hazardous Waste No. F020, F021, F022, F023, F026, or F027 listed in 310 CMR 30.131.

Acutely Hazardous Waste means a waste listed in 310 CMR 30.136 or a waste with EPA Hazardous Waste No. F020, F021, F022, F023, F026, or F027 listed in 310 CMR 30.131.

Administrator means the Administrator of the U.S. Environmental Protection Agency or his designee.

Amalgam means an alloy containing mercury and other metals used to restore the dentition.

Amalgam Waste means any waste containing mercury amalgam or otherwise associated with preparation or use of amalgam, including but not limited to amalgam collected by chair-side traps, screens, filters, vacuum system filters, amalgam separators or other devices; waste elemental mercury; and waste amalgam capsules.

Ancillary Equipment means any device including, but not limited to, such devices as piping, fittings, flanges, valves, and pumps, that is used to distribute, meter, or control the flow of hazardous waste from its point of generation to a storage or treatment tank(s), between hazardous waste storage and treatment tanks to a point of disposal onsite, or to a point of shipment for disposal off-site.

Annual Rate Limiting Constituent means the compound, element, or waste fraction in a hazardous waste which sets the maximum amount of hazardous waste which can be loaded onto soil per year.

Aquifer means a geologic formation, group of formations, or part of a formation capable of yielding a significant amount of ground water to wells or springs.

Area of Critical Environmental Concern (ACEC) means an area designated by the Secretary of the Executive Office of Energy and Environmental Affairs pursuant to 301 CMR 12.00: Areas of Critical Environmental Concern.

Authorized Representative means the person responsible for the overall operation of a facility or an operational unit (i.e., part of a facility), e.g., the plant manager, superintendent or person of equivalent responsibility. For purposes of complying with 310 CMR 30.800, the definition of an authorized individual at 310 CMR 30.822(8) shall control.

Battery means a device consisting of one or more electrically connected electrochemical cells which is designed to receive, store, and deliver electric energy. An electrochemical cell is a system consisting of an anode, cathode, and an electrolyte, plus such connections (electrical and mechanical) as may be needed to allow the cell to deliver or receive electrical energy. The term battery also includes an intact unbroken battery from which the electrolyte has been removed.

Boiler means an enclosed device that uses controlled flame combustion and meets all the requirements in 310 CMR 30.010: Boiler(a) through (d):

(a) the device must have physical provisions for recovering and exporting thermal energy in the form of steam, heated fluids, or heated gases; and

(b) the device's combustion chamber and primary energy recovery section(s) must be of integral design. To be of integral design, the combustion chamber and the primary energy recovery section(s) (such as waterwalls and superheaters) must be physically formed into one manufactured or assembled unit. A unit in which the combustion chamber and the primary energy recovery section(s) are joined only by ducts or connections carrying flue gas is not integrally designed; however, secondary energy recovery equipment (such as economizers or air preheaters) need not be physically formed into the same unit as the combustion chamber and the primary energy recovery section. The following units are not precluded from being boilers solely because they are not of integral design: process heaters (units that transfer energy directly to a process stream), and fluidized bed combustion units; and

(c) while in operation, the device must maintain a thermal efficiency of at least 60%, calculated in terms of the recovered energy compared with the thermal value of the fuel; and

(d) the device must export and utilize at least 75% of the recovered energy calculated on an annual basis. In this calculation, no credit shall be given for recovered heat used internally in the same unit. (Examples of internal use are the preheating of fuel or combustion air, and the driving of induced or forced draft fans or feedwater pumps.)

Bulk Scrap Metal Item means a large item composed of worn out metal or a metal product that has outlived its original use, such as automobile hulks, railroad cars, steel beams from torn down buildings or bridges, and household appliances. (See also 310 CMR 30.010: Scrap Metal.)

By-product means a material that is not one of the primary products of a production process and is not solely or separately produced by the production process. Examples are process residues such as slags or distillation column bottoms. By-product does not include a co-product that is produced for the general public's use and is ordinarily used in the form it is produced by the process.

Cathode Ray Tube or CRT means a vacuum tube, composed primarily of glass, which is the visual or video display component of an electronic device. A used, intact CRT means a CRT whose vacuum has not been released. A used, broken CRT means glass removed from its housing or casing whose vacuum has been released.

Central Accumulation Area means an on-site hazardous waste accumulation area subject to 310 CMR 30.000 at a large quantity generator, small quantity generator or a very small quantity generator. A central accumulation area at an eligible academic entity that chooses to be subject to 310 CMR 30.354 is the area where the entity must also comply with the requirement for making the hazardous waste determination at 310 CMR 30.354(11) when accumulating unwanted material, unless the entity already has accumulated designated hazardous waste in the laboratory, in which case the waste determination must be made at the point of generation.

Certification means a statement by a person which is true to the best of that person's knowledge and belief.

Class A or Class SA Segment of a Surface Water Body means a segment of an inland or coastal surface water body so assigned said class pursuant to 314 CMR 4.00: Massachusetts Surface Water Quality Standards.

Clean Water Act means the Federal Water Pollution Control Act, currently known as the Clean Water Act, 33 U.S.C. §§ 1251et seq.

Closed Portion means that portion of a facility which an owner or operator has closed in compliance with the approved facility closure plan and all applicable closure requirements. (See also 310 CMR 30.010: Active Portion.)

Closure. (See310 CMR 30.010: Final Closure and Partial Closure.)

Closure Plan means the plan for closure prepared pursuant to 310 CMR 30.580 through 30.586.

Collect means gather at a place or places away from the premises of a licensee, e.g., a transporter collecting hazardous waste from several sources.

College or University means a private or public, post-secondary, degree-granting, academic institution, that is accredited by an accrediting agency listed annually by the U.S. Department of Education.

Commercial Chemical Product or Manufacturing Chemical Intermediate Having the Generic Name Listed in 310 CMR 30.133 or 30.136 means a chemical substance which is manufactured or formulated for commercial or manufacturing use and which consists of the commercially pure grade of the chemical, any technical grades of the chemical that are produced or marketed, and all formulations in which the chemical is the sole active ingredient. It does not mean a waste, such as a manufacturing process waste, that contains any of the substances listed in 310 CMR 30.133 or 30.136. Where a manufacturing process waste is deemed to be a hazardous waste because it contains a substance listed in 310 CMR 30.133 or 30.136, such waste will be listed in either 310 CMR 30.131 or 30.132 or will be identified as a hazardous waste by the characteristics set forth in 310 CMR 30.120 through 30.125.

Commissioner means the Commissioner of the Department of Environmental Protection or his or her designee.

Completely Enclosed Recycling System means a unit that is primarily for the recycling of a regulated recyclable material and that is totally enclosed and is managed so that the regulated recyclable material is accumulated in tanks or containers in compliance with 310 CMR 30.205(19). (See 310 CMR 30.010: Treatment Which is an Integral Part of the Manufacturing Process for a description of a totally enclosed unit.)

Component means any constituent part of a unit or group of constituent parts of a unit which are assembled to perform a specific function (e.g., a pump seal, pump, kiln liner and kiln thermocouple.)

Compressed Gas means any material or mixture having in the container an absolute pressure exceeding 40 pounds per square inch at 70º F or, regardless of the pressure at 70º F, having an absolute pressure exceeding 104 pounds per square inch at 130º F.

Construction (with respect to any project of construction under M.G.L. c. 21C) means:

(a) the erection or building of new structures and acquisition of lands or interests therein, or the acquisition, replacement, expansion, remodeling, alteration, modernization, or extension of existing structures, and

(b) the acquisition and installation of initial equipment for, or required in connection with, new or newly acquired structures of the expanded, remodeled, altered, modernized or extended part of existing structures (including trucks and other motor vehicles, and tractors, cranes, and other machinery) necessary for the proper utilization and operation of the facility after completion of the project; and includes preliminary planning to determine the economic and engineering feasibility and health and safety aspects of the project, the engineering, architectural, legal, fiscal, and economic investigations and studies, and any surveys, designs, plans, working drawings, specifications, and other action necessary for the carrying out of the project, and

(c) the inspection and supervision of the process of carrying out the project to completion.

Container means any portable device in which a hazardous waste is stored, transported, treated, disposed of, or otherwise handled.

Containment Building means a hazardous waste management unit that is eligible for interim status and used to store or treat hazardous waste in compliance with the provisions of 310 CMR 30.099(6)(q).

Contingency Plan means 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.

Corrosion Expert means a person who, by reason of his or her knowledge of the physical sciences and the principles of engineering and mathematics, acquired by a professional education and related practical experience, is qualified to engage in the practice of corrosion control on buried or submerged metal piping systems and metal tanks. Such a person shall be certified by the National Association of Corrosion Engineers (NACE) or be a Massachusetts registered professional engineer who has certification or licensing that includes education and experience in corrosion control on buried or submerged metal piping systems and metal tanks.

Crime Involving Moral Turpitude means a crime involving fraud, misrepresentation or deceit including, but not limited to, fraud, misrepresentation or deceit in conducting business or obtaining a license or permit as well as any other crime that adversely reflects on the applicant or licensee's competence to transport, use, collect, store, treat or dispose of hazardous waste.

CRT Collector means a person who receives used, intact CRTs for recycling, repair, resale, or donation.

CRT Glass Manufacturer means an operation or part of an operation that uses a furnace to manufacture CRT glass.

CRT Processing means conducting all of the following activities:

(1) Receiving broken or intact CRTs;

(2) Intentionally breaking intact CRTs or further breaking or separating broken CRTs; and

(3) Sorting or otherwise managing glass removed from CRT monitors.

Current Closure Cost Estimate means the most recent cost estimate prepared pursuant to 310 CMR 30.903.

Current Post-closure Cost Estimate means the most recent cost estimate prepared pursuant to 310 CMR 30.905.

Debris means solid material exceeding a 60 mm particle size that is intended for disposal and that is: A manufactured object; or plant or animal matter; or natural geologic material. However, the following materials are not debris: any material for which a specific treatment standard is provided in Subpart D, Part 268 as incorporated by reference at 310 CMR 30.750(1), namely lead acid batteries, cadmium batteries, and radioactive lead solids; process residuals such as smelter slag and residues from the treatment of waste, wastewater, sludges, or air emission residues; and intact containers of hazardous waste that are not ruptured and that retain at least 75% of their original volume. A mixture of debris that has not been treated to the standards provided by 40 CFR Part 268.45, and other material, is subject to regulation as debris if the mixture is comprised primarily of debris, by volume, based on visual inspection.

Demonstration means the initial exhibition of a new technology, process or practice or a significantly new combination or use of technologies, processes or practices, subsequent to the development stage, for the purpose of proving technological feasibility and cost effectiveness.

Department means the Massachusetts Department of Environmental Protection.

Designated Facility means a person or facility described in 310 CMR 30.305 that has been designated on the manifest by the generator pursuant to 310 CMR 30.310 (manifesting requirements).

Destination Facility means a facility that is authorized to receive and recycle, treat or dispose of a particular category of universal waste, except those management activities described in 310 CMR 30.1034(1), (3) through (5) as well as 310 CMR 30.1044(1), (3) through (5). A facility at which a particular category of universal waste is only accumulated is not a destination facility for purposes of managing that category of universal waste. If located in Massachusetts, these facilities shall be properly licensed in compliance with 310 CMR 30.800, or be properly permitted in compliance with 310 CMR 30.290.

Dike means an embankment or ridge of either natural or man-made materials used to prevent the movement of liquids, sludges, solids, or other materials.

Directly to a Facility means a hazardous waste or regulated recyclable material shipment is collected by a transporter at the point of generation and remains in transportation at all times from the time of acceptance from the generator to delivery of the shipment at the destination facility designated on the manifest or shipping paper by the generator. Such shipments are in transportation as long as the hazardous waste or regulated recyclable material remains loaded on the transporter's vehicle after acceptance and until delivery to the designated destination facility. However, the transfer of containers of hazardous waste and regulated recyclable material between vehicles at transfer stations, as allowed under state, federal and local laws and regulations, and receipt and intermediate storage of Class A regulated recyclable material at Massachusetts licensed treatment, storage and disposal facilities, may be considered in transportation for the purpose of 310 CMR 30.010: Directly to a Facility.

Discharge or Hazardous Waste Discharge means the accidental or intentional spilling, leaking, pumping, pouring, emitting, emptying or dumping of hazardous waste into or on any land, surface water, ground water, or into the atmosphere.

Disposal means 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.

Disposal Facility. (See 310 CMR 30.010: Facility.)

Dredged Material means sediment and associated materials that are moved from below the mean high tide line for coastal waters and below the high water mark for inland waters during dredging activities.

Drinking Water Supplies means ground or surface water currently in use or which may reasonably be expected to be used in the future as sources of public or private drinking water supply.

Drip Pad means an engineered structure consisting of a curbed, free-draining base, constructed of non-earthen materials and designed to convey preservative kick-back or drippage from treated wood, precipitation, and surface water run-on to an associated collection system at wood preserving plants, and which is eligible for interim status and managed in compliance with the provisions of 310 CMR 30.099(6)(n).

Drum-top Crusher means a crushing unit, and the container it is mounted to, that is designed to crush mercury-containing lamps.

DOT means the United States Department of Transportation.

Elementary Neutralization means the reacting of an acid or base with an aqueous corrosive hazardous waste in an elementary neutralization unit for the intended and actual purpose of rendering the waste less hazardous or nonhazardous.

Elementary Neutralization Unit means a device which:

(a) is used for neutralizing aqueous wastes that are hazardous solely because they exhibit the corrosivity characteristic defined in 310 CMR 30.123(1)(a) or that are listed in 310 CMR 30.130 solely because they exhibit the corrosivity characteristic; and

(b) meets the definition of a tank, tank system or container.

Eligible Academic Entity means a college or university, or a nonprofit research institute that is owned by or has a formal written affiliation agreement with a college or university, or a teaching hospital that is owned by or has a formal written affiliation agreement with a college or university.

Empty Container. (See 310 CMR 30.106.)

Environmental Monitor means the publication of that name issued by the MEPA Unit of the Massachusetts Executive Office of Environmental Affairs pursuant to 301 CMR 11.00: MEPA Regulations.

EPA means the United States Environmental Protection Agency.

EPA Hazardous Waste Number means the number assigned by EPA to each listed hazardous waste or to each hazardous waste characteristic in 40 CFR Part 261. (See also Massachusetts Hazardous Waste Number.)

EPA Identification Number means the number assigned by the Department to each generator, transporter, user, and treatment, storage, or disposal facility. (See also Massachusetts Identification Number.)

Equivalent Method means any testing or analytical method approved, in writing, by the Administrator based upon the standards and procedures prescribed by 40 CFR 260.20 and 260.21. The Department will consider any method so approved to be an acceptable method under the circumstances for which it was approved even if the method does not yet appear within "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication SW-846, as incorporated by reference at 310 CMR 30.012.

Existing Hazardous Waste Incinerator. (See 310 CMR 30.010: Existing Unit.)

Existing Hazardous Waste Management (HWM) Facility or Existing Facility means a facility which was in operation, or for which construction commenced, on or before November 19, 1980. A facility has commenced construction if:

(a) The owner or operator has obtained the Federal, State and local approvals or permits necessary to begin physical construction; and

(b) either:

1. A continuous on-site, physical construction program has begun; or

2. The owner or operator has entered into contractual obligations-which cannot be cancelled or modified without substantial loss-for physical construction of the facility to be completed within a reasonable time.

Existing Installation means a manufacturing plant or other industrial establishment which was in existence on October 15, 1983, or for which construction had commenced on or before October 15, 1983.

Existing Pile. (See 310 CMR 30.010: Existing Unit.)

Existing Portion means the existing unit's land surface area which was specifically included in the original Part A permit application and on or in which hazardous waste(s) was placed prior to the issuance of a license pursuant to 310 CMR 30.000.

Existing Surface Impoundment or Existing Impoundment. (See 310 CMR 30.010: Existing Unit.)

Existing Tank System or Existing Component means a tank system or component that:

(a) is used for the storage or treatment of hazardous waste and that is in operation, or for which installation commenced on or prior to:

1. July 14, 1986 for those tank systems which are owned or operated by a Small Quantity Generator, are new underground tanks, or are tanks which cannot be entered for inspection (i.e., tanks which are subject to the requirements of the federal Hazardous and Solid Waste Amendments); or

2. December 1, 1988 for all other types of tank systems (e.g., tank systems which are not owned or operated by a Small Quantity Generator and are either existing underground tanks or tanks that can be entered for inspection).

(b) Installation will be considered to have commenced if the owner or operator has obtained all federal, state, and local approvals or permits necessary to begin physical construction of the site or installation of the tank system and if either:

1. a continuous on-site physical construction or installation program has begun, or

2. the owner or operator has entered into contractual obligations, which cannot be cancelled or modified without substantial loss, for physical construction of the site or installation of the tank system to be completed within a reasonable time.

Existing Unit means a storage, treatment or disposal unit (e.g., existing surface impoundment, tank, pile, incinerator) which was specifically included in the original Part A permit application and in which hazardous waste(s) was placed prior to the issuance of a license pursuant to 310 CMR 30.000, or a unit which is otherwise lawfully in use at the time the license application is submitted to the Department.

Existing Well means a well that is in existence and being used to supply a person with drinking water on the date that an owner or operator of a proposed facility submits:

(a) a license application to the Department pursuant to 310 CMR 30.000; or

(b) a notice of intent pursuant to 990 CMR 4.00: Notice of Intent, whichever is submitted first.

Expanding Facility or Expansion means an increase in the design capacity or a process used at a facility to treat, store or dispose of hazardous waste beyond that design capacity specified in the facility's original Part A permit application.

Facility means:

(a) All contiguous land, and structures, other appurtenances, and improvements on the land, used for treating, storing, or disposing of hazardous waste. A facility may consist of several treatment, storage, or disposal operational units (e.g., one or more landfills, surface impoundments, or combinations of them);

(b) For the purpose of implementing corrective action under 310 CMR 30.602(9) and (10) or 40 CFR 264.101, all contiguous property under the control of the owner or operator required to seek a permit under subtitle C of RCRA. This definition also applies to facilities implementing corrective action under RCRA Section 3008(h) and M.G.L. c. 21E;

(c) Notwithstanding 310 CMR 30.010: Facility(b), a remediation waste management site as defined in 40 CFR 260.10 is not a facility that is subject to corrective action requirements, but nevertheless will be subject to such requirements if the site is located within a facility as defined in 310 CMR 30.010: Facility(b).

Facility Having Interim Status Pursuant to RCRA or Interim Status Facility means a facility which satisfies the qualifications of 310 CMR 30.099(1).

Facility Mailing List means the mailing list for a facility maintained by the Department in accordance with 310 CMR 30.833(4)(a)8.

Federal, State and Local Approvals or Permits Necessary to Begin Physical Construction means permits and approvals required under Federal, State or local hazardous waste control statutes, regulations or ordinances.

Final Closure means the act or process of deactivating all hazardous waste management units at a facility in compliance with all applicable closure requirements so that hazardous waste management activities are no longer conducted at the facility except as provided in 310 CMR 30.200 or 30.300.

Food-chain Crop means tobacco, any crop grown for human consumption, and any crop grown for feed for animals whose products are consumed by humans.

Formal Written Affiliation Agreement means:

(a) for a nonprofit research institute, a written document that establishes a relationship between institutions for the purposes of research and/or education and is signed by authorized representatives, as defined at 310 CMR 30.010, from each institution. A relationship on a project-by-project or grant-by-grant basis is not considered a formal written affiliation agreement.

(b) for a teaching hospital, a master affiliation agreement and program letter of agreement, as defined by the Accreditation Council for Graduate Medical Education, with an accredited medical program or medical school.

Fossil Fuel means coal, coke, distillate oil, residual oil, used oil fuel, or natural or manufactured gas.

Fossil Fuel Utilization Facility means any furnace(s), fuel burning equipment, boiler(s), space heater(s), or any appurtenance thereto used for the burning of fossil fuels, for the emission of products of combustion, or in connection with any process which generates heat and may emit products of combustion, but does not mean a motor vehicle.

Free Liquid means any liquid which readily separates from the solid portion of a waste under ambient temperature and pressure.

Freeboard means the vertical distance between the top of an open tank or surface impoundment dike, and the surface of the waste contained therein.

Fuel means any solid, liquid, or gaseous material used for the production of heat or power by burning.

Functionally Equivalent Component means a component which performs the same function or measurement and which meets or exceeds the performance specifications of another component.

Generator means any person, by site, whose act or process produces hazardous waste identified or listed in 310 CMR 30.100, or whose act first causes a hazardous waste to become subject to regulation.

Ground Water means water below the land surface in a zone of saturation.

Hazardous Debris means debris that contains one or more wastes listed in 310 CMR 30.130 through 30.136, or that exhibits any of the characteristics of hazardous waste identified in 310 CMR 30.120 through 30.125.

Hazardous Waste means a waste, or combination of wastes, which because of its quantity, concentration, or physical, chemical or infectious characteristics may cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness or pose a substantial present or potential hazard to human health, safety, or welfare or to the environment when improperly treated, stored, transported, used or disposed of, or otherwise managed. See 310 CMR 30.104 for possible exemptions. Hazardous waste includes the hazardous waste component(s) of mixed waste. See 310 CMR 30.010: Mixed Waste.

Hazardous Waste Constituent or Constituent means an element or compound 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, which lists these constituents) or a contaminant listed in 310 CMR 30.125.

Hazardous Waste Fuel means a regulated recyclable material, other than a used oil fuel, that:

(a) is burned for energy recovery in an industrial or utility boiler or in an industrial furnace; and

(b) is:

1. presumed to be hazardous waste fuel (see 310 CMR 30.215); or

2. a mixture of any hazardous waste or any material presumed to be hazardous waste fuel when combined with any other material; and

(c) is managed in compliance with 310 CMR 30.200.

Hazardous Waste Incinerator means any incinerator used for the reduction of hazardous waste, or in which any hazardous waste feed is caused, suffered, allowed, or permitted to be burned, except infectious waste regulated by the Department of Public Health pursuant to M.G.L. c. 111, §§ 3, and 51 through 56.

Hazardous Waste Management Unit means a contiguous area of land on or in which is placed hazardous waste or tanks or containers of hazardous waste, or the largest area in which there is a significant likelihood of mixing hazardous waste constituents in the same area. Examples of hazardous waste management units include a surface impoundment, a waste pile, a land treatment area, a landfill cell, an incinerator, a tank and its associated piping and underlying containment system, and a container storage area. A container alone does not constitute a hazardous waste management unit. A container or tank plus the land or pad upon which the container or tank is placed does constitute a hazardous waste management unit.

Hazardous Waste Number. (See EPA Hazardous Waste Number and Massachusetts Hazardous Waste Number.)

Identification Number. (See EPA Identification Number.)

Inactive Portion means that portion of a facility which is not operated after November 19, 1980. (See also 310 CMR 30.010: Active Portion and Closed Portion.)

Incineration means controlled combustion in an enclosed device, the primary purpose of which is to thermally break down hazardous waste.

Incinerator means any enclosed device using controlled flame combustion that neither meets the criteria for classification as a boiler nor is listed as an industrial furnace.

Incompatible Waste means a hazardous waste which is unsuitable for:

(a) placement in a particular device or facility because it may cause corrosion or decay of containment materials (e.g., container inner liners or tank walls); or

(b) commingling with another waste or material under uncontrolled conditions because the commingling might produce heat or pressure, fire or explosion, violent reaction, toxic dusts, mists, fumes, or gases, or flammable fumes or gases. (See 310 CMR 30.561 for examples.)

Individual Generation Site means the contiguous site at or on which one or more hazardous wastes are generated. An individual generation site, such as a large manufacturing plant, may have one or more sources of hazardous waste but is considered a single or individual generation site if the site or property is contiguous.

Industrial Boiler means a boiler that is:

(a) located on the site of a facility engaged in a manufacturing process in which substances are transformed into new products, including the component parts of products, by mechanical or chemical processes, or

(b) used in conjunction with a greenhouse.

Industrial Furnace means any of the following enclosed devices that are integral components of a manufacturing process and that use controlled flame devices to accomplish recovery of materials or energy:

(a) cement kilns.

(b) lime kilns.

(c) aggregate kilns.

(d) phosphate kilns.

(e) coke ovens.

(f) blast furnaces.

(g) smelting, melting, or refining furnaces (including pyrometallurgical devices such as cupolas, reverberator furnaces, sintering machine, roasters, and foundry furnaces).

(h) titanium dioxide chloride process oxidation reactors.

(i) methane reforming furnaces.

(j) pulping liquor recovery furnaces.

(k) combustion devices used in the recovery of sulphur values from spent sulphuric acid.

Inject means to emplace fluid into a formation by gravity or greater pressure through a well.

Injection Well means a well into which fluids are injected. (See also 310 CMR 30.010: Underground Injection.)

Inner Liner means a continuous layer of material placed inside a tank or container which protects the structural materials of the tank or container from the contained waste or reagents used to treat the waste.

Interim Status. (See 310 CMR 30.010: Facility Having Interim Status Pursuant to RCRA or Interim Status Facility.)

Interim Zone II means the area within ½ mile radius of a public water supply wellhead. Interim Zone II is used when a hydrogeologically defined Zone II has not been established. (See 310 CMR 30.010: Zone II.)

International Shipment means the transportation of hazardous waste into or out of the jurisdiction of the United States.

Key Staff Individual means an individual who is directly responsible for the operation of a hazardous waste activity, or who supervises or oversees one or more individuals responsible for the operation of a hazardous waste activity.

Laboratory (for purposes of 310 CMR 30.354 only) means an area owned by an eligible academic entity where relatively small quantities of chemicals and other substances are used on a non-production basis for teaching or research (or diagnostic purposes at a teaching hospital) and are stored and used in containers that are easily manipulated by one person. Photo laboratories, art studios, and field laboratories are considered laboratories. Areas such as chemical stockrooms and preparatory laboratories that provide a support function to teaching or research laboratories (or diagnostic laboratories at teaching hospitals) are also considered laboratories.

Laboratory Clean-out means an evaluation of the inventory of chemicals and other materials in a laboratory that are no longer needed or that have expired and the subsequent removal of those chemicals or other unwanted materials from the laboratory. A clean-out may occur for several reasons. It may be on a routine basis (e.g., at the end of a semester or academic year) or as a result of a renovation, relocation, or change in laboratory supervisor or occupant. A regularly scheduled removal of unwanted material as required by 310 CMR 30.354(8) does not qualify as a laboratory clean-out.

Laboratory Worker means a person who handles chemicals and/or unwanted material in a laboratory and may include, but is not limited to, faculty, staff, post-doctoral fellows, interns, researchers, technicians, supervisors, managers, and principal investigators. A person does not need to be paid or otherwise compensated for his or her work in the laboratory to be considered a laboratory worker. Undergraduate and graduate students in a supervised classroom setting are not laboratory workers.

Land Disposal means placement in or on the land and includes, but is not limited to, placement in a landfill, surface impoundment, waste pile, injection well, land treatment facility, salt dome formation, salt bed formation, underground mine or cave, or placement in a concrete vault, or bunker intended for disposal purposes.

Land Subject to Flooding means land area which is within the estimated maximum lateral extent of floodwater which will theoretically result from the statistical 100-year frequency storm or, as the case may be, from the statistical 500-year frequency storm.

Land Treatment Facility means a facility or part of a facility at which hazardous waste is applied onto or incorporated into the soil surface so as to render such waste less hazardous or non-hazardous by degradation, transformation, or immobilization processes occurring in or on the soil. Such facilities are disposal facilities if waste will remain after closure. The hazardous waste management unit in which the above described activities occur is also referred to as a land treatment unit.

Land Treatment Unit. (See 310 CMR 30.010: Land Treatment Facility.)

Landfill means a hazardous waste disposal facility or part of a facility where hazardous waste is placed in or on land and which is not a pile, a land treatment facility, a surface impoundment, an injection well, a salt dome formation, a salt bed formation, an underground mine, a cave or a corrective action management unit.

Landfill Cell means a discrete volume of a hazardous waste landfill for which a liner is used to provide isolation of hazardous waste from adjacent cell(s) or waste(s). Examples of landfill cells are trenches and pits.

Large Quantity Generator of Class A Regulated Recyclable Material (See 310 CMR 30.010: Small Quantity Generator or Large Quantity Generator of Class A Regulated Recyclable Material).

Large Quantity Handler of Universal Waste means a universal waste handler that accumulates 5,000 kilograms or more total of universal waste at any time. This designation as a large quantity handler of universal waste is retained until such time as a change of status request is received by the Department in compliance with 310 CMR 30.1043, and through the end of the calendar year in which the change of status request was received.

Leachate means any liquid, including any suspended components in a liquid, that has percolated through or drained from hazardous waste.

Leak Detection System means a system capable of detecting the failure of either the primary or secondary containment structure or detecting the presence of hazardous waste or accumulated liquid in the secondary containment structure. Such a system must consist of an interstitial monitoring device designed to detect continuously and automatically, and to signify with a visual or audible alarm, the failure of the primary or secondary containment structure or the presence of hazardous waste into the secondary containment structure.

Legal Defense Costs means expenses that an insurer incurs in defending against claims of any person, other than the insured or the insurer, brought pursuant to an insurance policy.

License means the written approval, on a form prescribed by the Department, issued pursuant to M.G.L. c. 21C, to collect, transport, treat, store, use, or dispose of hazardous waste.

Licensee or Hazardous Waste Licensee means a person licensed, pursuant to M.G.L. c. 21C, to undertake the collection, transportation, storage, treatment, use, or disposal of hazardous wastes.

Liner means a continuous layer of natural or man-made material(s) which is beneath or on the sides of a surface impoundment, waste pile, landfill, or landfill cell, and which restricts the downward or lateral escape of hazardous waste, hazardous waste constituents or leachate.

Loading Rate means the mass or volume of waste applied to a unit area of land per unit time.

Low-level Mixed Waste (LLMW) means a waste that contains both low-level radioactive waste and hazardous waste.

Low-level Radioactive Waste (LLW) means a radioactive waste which contains source, special nuclear, or byproduct material, and which is not classified as high-level radioactive waste, transuranic waste, spent nuclear fuel, or byproduct material as defined in the Atomic Energy Act of 1954, § 11e.(2). (See also 10 CFR 61.2 for the definition of "waste" promulgated by the Nuclear Regulatory Commission.)

Manifest means the shipping document EPA Form 8700-22 (including, if necessary, EPA Form 8700-22A), originated and signed by the generator or offeror in accordance with the instructions in 40 CFR part 262, Appendix and the applicable requirements of 40 CFR parts 262 through 265, as in effect on July 1, 2006.

Manifest Tracking Number means the alphanumeric identification number (i.e., a unique three-letter suffix preceded by nine numerical digits), which is pre-printed in Item 4 of the Manifest by a registered source.

Massachusetts Hazardous Waste Number means the number assigned by the Department to each hazardous waste which is listed by the Department and which does not have an EPA hazardous waste number.

Massachusetts Identification Number means the number assigned by the Department to each Very Small Quantity Generator, as described in 310 CMR 30.353, or Small Quantity Generator of waste having only Massachusetts hazardous waste numbers, as described in 310 CMR 30.351.

Media means soils, groundwater and sediments but not debris or other wastes such as sludges.

Mercury-containing Device means any electrical product or component (excluding batteries, lamps and thermostats) which contains elemental mercury that is necessary for its operation and is housed within an outer metal, glass or plastic casing. Mercury-containing devices include, but are not limited to, thermocouples, thermometers, manometers, barometers, sphygmomanometers, electrical switches and relays, as well as certain gas flow regulators and water meters.

Mercury-containing Lamp means any bulb or tube portion of an electric lighting device specifically designed to produce radiant energy including, but not limited to, incandescent, fluorescent, high intensity discharge, and neon lamps in which mercury is purposefully introduced by the manufacturer for the operation of the lamp.

Mining Overburden Returned to the Mine Site means any material overlying an economic mineral deposit which is removed to gain access to that deposit and is then used for reclamation of a surface mine.

Miscellaneous Unit means a hazardous waste management unit where hazardous waste is treated, stored, or disposed of and that is not one of the following: a container, tank, surface impoundment, waste pile, land treatment unit, landfill, incinerator, boiler, industrial furnace, or an interim status containment building managed in compliance with 310 CMR 30.099, corrective action management unit, or unit excluded from licensing requirements pursuant to 310 CMR 30.801, research facility, or staging pile.

Mixed Waste means, any waste that contains both hazardous waste and source, special nuclear, or by-product material as defined by the Atomic Energy Act of 1954, as amended, 43 U.S.C. §§ 2011et seq. For purposes of 310 CMR 30.010: Mixed Waste, radioactive waste oil shall not be considered a mixed waste, and shall be exempt from all provisions of 310 CMR 30.000. Mixed wastes that are exempted by the Nuclear Regulatory Commission (NRC) Beneath Regulatory Concern shall be regulated as hazardous wastes subject to all applicable provisions of 310 CMR 30.000.

Municipal or Industrial Wastewater Treatment Facility Permitted under M.G.L. c. 21, § 43 means:

(a) a publicly owned treatment works having a permit issued pursuant to 314 CMR 2.00: Permit Procedures, and 314 CMR 3.00: Surface Water Discharge Permit Program, or 314 CMR 5.00: Ground Water Discharge Permit Program; or

(b) a wastewater treatment unit permitted pursuant to 314 CMR 2.00: Permit Procedures, and 314 CMR 3.00: Surface Water Discharge Permit Program, or 314 CMR 5.00: Ground Water Discharge Permit Program which treats, or treats and accumulates incidental to such treatment, influent wastewater which is a hazardous waste; or

(c) a surface impoundment permitted under 314 CMR 2.00: Permit Procedures, and 314 CMR 3.00: Surface Water Discharge Permit Program, or 314 CMR 5.00: Ground Water Discharge Permit Program which:

1. treats an influent wastewater which is a hazardous waste; or

2. treats and accumulates incidental to such treatment, a wastewater treatment sludge which is a hazardous waste.

If a treatment works receives hazardous waste from one or more off-site sources, all treatment, storage and disposal units, and all accumulation at the site of the treatment works, are regulated under M.G.L. c. 21C and are not part of a "municipal or industrial wastewater treatment facility permitted under M.G.L. c. 21, § 43". However, the discharge is still subject to regulation under M.G.L. c. 21, § 43.

Naturally Occurring and/or Accelerator-produced Radioactive Material (NARM) means radioactive materials that:

(a) Are naturally occurring and are not source, special nuclear, or by-product materials defined by the Atomic Energy Act of 1954; or

(b) Are produced by an accelerator.

New Facility means any facility which is not an existing facility.

New Hazardous Waste Incinerator. (See 310 CMR 30.010: New Unit.)

New Installation means a manufacturing plant or other industrial establishment which was not in existence on October 15, 1983 or for which construction had not begun on or before October 15, 1983.

New Pile. (See 310 CMR 30.010: New Unit.)

New Surface Impoundment or New Impoundment. (See 310 CMR 30.010: New Unit.)

New Tank (See 310 CMR 30.010: New Unit).

New Tank System or New Tank Component means a tank system or component that is used for the storage or treatment of hazardous waste and for which installation commenced after:

(a) July 14, 1986 for those tank systems which are owned or operated by a Small Quantity Generator, are new underground tanks, or are tanks which cannot be entered for inspection (i.e., tanks which are subject to the requirements of the federal Hazardous and Solid Waste Amendments); or

(b) December 1, 1988 for all other types of tank systems (e.g., tank systems which are not owned or operated by a Small Quantity Generator and are either existing underground tanks or tanks that can be entered for inspection).

(See also 310 CMR 30.010: Existing Tank System regarding when installation will be considered to have commenced.)

New Unit means a treatment, storage or disposal unit (e.g., new impoundment, tank, pile, incinerator) which is not an existing unit.

No Free Liquids (as used in 310 CMR 30.104(3)(i) and (j)) means that solvent-contaminated wipes may not contain free liquids as determined by Method 9095B (Paint Filter Liquids Test), included in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods" (EPA Publication SW-846), which is incorporated by reference, and that there is no free liquid in the container holding the wipes.

Noisome or Unwholesome Odor means an objectionable odor detectable off the site of a facility.

Non-profit Research Institute means an organization that conducts research as its primary function and files as a nonprofit organization under the tax code pursuant to 26 U.S.C. 501(c)(3).

Non-sudden Accidental Occurrence means an accidental occurrence which takes place over time and which involves continuous or repeated exposure to conditions.

Non-commodity CRT means a CRT that has been determined will not be returned to service as an operable CRT and has not been disposed 1. CRTs that are disposed of intact, and CRTs that are crushed or ground up (excluding monochrome CRTs)2 are subject to 310 CMR 30.000.

Oil means petroleum in any form including crude oil, fuel oil, petroleum derived synthetic oil and refined oil products, including petroleum distillates such as mineral spirits and petroleum naphtha composed primarily of aliphatic hydrocarbons. It does not mean petrochemicals or animal or vegetable oils.

Open Burning means the combustion of any material without the following characteristics:

(a) Control of combustion air to maintain adequate temperature for efficient combustion,

(b) Containment of the combustion-reaction in an enclosed device to provide sufficient residence time and mixing for complete combustion, and

(c) Control of emission of the gaseous combustion products.

Open Burning includes above or underground smoldering fires. (See also 310 CMR 30.010: Thermal Treatment.)

Operator means the person responsible for the over-all operation of a facility.

Owner means any person who has legal ownership of a facility or any part of a facility, or who has effective control over an activity subject to regulation under 310 CMR 30.000.

Partial Closure means the act or process of deactivating one or more hazardous waste management units at a facility in compliance with applicable closure requirements, while one or more other hazardous waste management units at the facility remain, or are intended to remain, active or in operation.

PCBs or Polychlorinated Biphenyls means any chemical substance that is limited to the biphenyl molecule that has been chlorinated to varying degrees or any combination of substances which contains such substance.

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.

Personnel or Facility Personnel means all persons who work at or for, or oversee the operations of, a hazardous waste facility or a hazardous waste transporter, and whose actions or failure to act may result in non-compliance with the requirements of M.G.L. c. 21C or 310 CMR 30.000.

Pesticide means a substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest, and any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant; provided that the term "Pesticide" shall not include any article that is a "new animal drug" within the meaning of § 201(w) of the Federal Food, Drug and Cosmetic Act, or that has been determined by the Secretary of the United States Department of Health, Education and Welfare not to be a new animal drug by a regulation establishing conditions of use for the article, or that is an animal feed within the meaning of § 201(x) of the Federal Food, Drug and Cosmetic Act.

Petrochemical means an individual organic chemical compound for which petroleum or natural gas is the ultimate raw material, except that aliphatic hydrocarbon compounds, which maintain, after use, closed cup flashpoints equal to or greater than 140°F (and which are not otherwise a characteristic or listed hazardous waste) are oils. A mixture of a petrochemical and a petroleum distillate that has a closed cup flashpoint equal to or greater than 140°F (and which is not otherwise a characteristic or listed hazardous waste if discarded) is oil.

[NOTE: Oil refinery conversion processes change the size and/or structure of hydrocarbon molecules in petroleum distillates to produce petrochemicals (e.g., olefinic and aromatic organic compounds) and their derivatives (e.g., monomers used to produce plastics, synthetic fibers and rubbers).]

Pile means any non-containerized aggregation of solid, nonflowing hazardous waste that is being treated or stored.

Planned Public Underground Drinking Water Source means groundwater within land which has been acquired for drinking water purposes by a city, town, district, or other body politic which supplies drinking water to the public, regardless of the sustained yield of the groundwater source, provided that the land is acquired for that purpose before the date that the owner or operator of a proposed facility submits:

(a) a license application to the Department pursuant to 310 CMR 30.000; or

(b) a notice of intent pursuant to 990 CMR 4.00: Notice of Intent, whichever is submitted first.

Point-source means any discernible, confined, and discrete conveyance, including but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel or other floating craft, from which pollutants are or may be discharged. Point-source does not include return flows from irrigated agriculture.

Polyhalogenated Aromatic Hydrocarbons means hazardous waste listed in 310 CMR 30.131 and having any of the following Hazardous Waste Numbers: F020, F021, F022, F023, F026, or F027.

Post-closure means the period after the time closure has been completed and approved by the Department.

Post-closure Plan means the plan for post-closure care prepared pursuant to 310 CMR 30.590.

Potential Private Underground Drinking Water Source means a groundwater source capable of sustaining a yield of between two and 100 gallons per minute of drinking water and which has less than 10,000 mg./liter total dissolved solids. This definition does not include groundwater beneath an area which is served by a public water system on the date that the owner or operator of a proposed facility submits:

(a) a license application to the Department pursuant to 310 CMR 30.000; or

(b) A notice of intent pursuant to 990 CMR 4.00: Notice of Intent, whichever is submitted first.

Potential Public Underground Drinking Water Source means a groundwater source capable of sustaining a yield of 100 gallons or more per minute of drinking water and which has less than 10,000 mg./liter total dissolved solids. Potential Public Underground Drinking Water Source does not include an aquifer which has been exempted from being an underground source of drinking water pursuant to 310 CMR 27.00: Underground Water Source Protection.

Precious Metals means gold, silver, platinum, palladium, irridium, osmium, rhodium, or ruthenium, or any combination of these.

Private Underground Drinking Water Source. (See 310 CMR 30.010: Potential Private Underground Drinking Water Source and Existing Well.)

Public Underground Drinking Water Source. (See 310 CMR 30.010: Actual Public Underground Drinking Water Source, Planned Underground Drinking Water Source, and Potential Public Underground Drinking Water Source.)

Public Water System means a system for the provision to the public of piped water for human consumption as defined in 310 CMR 22.02: Definitions.

Publicly Owned Treatment Works or POTW means any device or system used in the treatment (including recycling and reclamation) of municipal sewage or industrial wastes of a liquid nature which is owned by a public entity. A POTW includes any sewers, pipes, or other conveyances only if they convey wastewater to a POTW providing treatment.

RCRA means the federal Solid Waste Disposal Act as revised by the Resource Conservation and Recovery Act of 1976, 42 U.S.C. §§ 6901et. seq.

Reactive Acutely Hazardous Unwanted Material means an unwanted material that is one of the acutely hazardous commercial chemical products listed in 310 CMR 30.136 for reactivity.

Recyclable Material means any material other than an inherently waste-like material that is used, reused or reclaimed.

(a) Used or reused material means any material that is either:

1. employed as an ingredient (including use as an intermediate) in an industrial process to make a product (for example, distillation bottoms from one process used as feedstock in another process). However, a material will not satisfy this condition if distinct components of the material are recovered as separate end products (as when metals are recovered from metal-containing secondary materials); or

2. employed in a particular function or application as an effective substitute for a commercial product (for example, spent pickle liquor used as phosphorous precipitant and sludge conditioner in wastewater treatment).

(b) Reclaimed material means any material that is processed to recover a usable product or that is regenerated. Examples are recovery of lead values from spent batteries and regeneration of spent solvents.

Refuse means all solid or liquid waste materials, including garbage and rubbish.

Regional Administrator means the Regional Administrator for the EPA Region in which the facility is located, or his or her designee.

Regulated Recyclable Material means any recyclable material which:

(a) has a characteristic described in 310 CMR 30.120 through 310 CMR 30.125;

(b) is listed or otherwise described in 310 CMR 30.131 through 310 CMR 30.136; or

(c) has been determined by the Department to be a hazardous waste pursuant to 310 CMR 30.144.

Release means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping or disposing into the environment, but excludes:

(a) emissions from the exhaust of an engine;

(b) release of source, byproduct, or special nuclear material from a nuclear incident, as those terms are defined in 42 U.S.C. § 2014, if such a release is subject to requirements with respect to financial protection established by the Nuclear Regulatory Commission under 42 U.S.C. § 2210;

(c) the normal application of fertilizer;

(d) the application of pesticides in a manner consistent with their labeling; and

(e) the application of residuals in accordance with 310 CMR 32.00: Land Application of Sludge and Septage.

Representative Sample means a sample of a universe or whole (e.g., waste pile, lagoon, ground water) which can be expected to exhibit the average properties of the universe or whole.

Research Facility means a site or works at which research studies are conducted or where hazardous waste is otherwise subjected to an innovative and experimental treatment, recycling, or disposal technology or other process for which permit or license standards have not been promulgated under 310 CMR 30.000. Without limiting the generality of the foregoing, such facility may consist of several operating units, and shall include all land, structures, and other appurtenances and improvements which are directly related to continuous research, development, and demonstration activity. 310 CMR 30.010: Research Facility does not include, and research facility is not, a site or works licensed or otherwise authorized pursuant to 310 CMR 30.099, 30.104(3)(b), 30.104(3)(c), 30.200, 30.801, 30.862 or 30.863 or any provision of 310 CMR 30.000 other than 310 CMR 30.864.

Research Study means the continuous research, development and demonstration activity conducted by a research facility, in which a hazardous waste is subjected to an innovative and experimental treatment, recycling or disposal technology or other process for which permit or license standards have not been promulgated under 310 CMR 30.000, and for the primary purpose of determining:

(a) whether the waste is amenable to such process;

(b) what pretreatment, if any, is required;

(c) the optimal process conditions needed to achieve the desired treatment, recycling, disposal or other process result;

(d) the efficiency of such process for a specific waste or wastes;

(e) the characteristics and volumes of residuals from a particular process; and/or

(f) cost effectiveness.

For the purpose of implementing 310 CMR 30.864, 310 CMR 010: Research Study also includes liner compatibility, corrosion, and other material compatibility studies and toxicological and health effects studies. Research Study does not include, and Research Study is not, an activity conducted pursuant to 310 CMR 30.099, 30.104(3)(b), 30.104(3)(c), 30.200, 30.801, 30.862, or 30.863, or a means to store, treat or dispose of hazardous waste or to employ the technology otherwise at the research facility site other than for the purpose of conducting research studies.

Response Action means any action such as assessment, containment, removal, disposal, treatment or storage undertaken as part of a corrective action performed pursuant to M.G.L. c. 21E, and 310 CMR 40.0000: Massachusetts Contingency Plan, Federal Superfund (CERCLA), RCRA Corrective Action or an analogous cleanup authority within another state.

Run-off means any rainwater, leachate, or other liquid that drains over land from any part of a facility.

Run-on means any rainwater, leachate, or other liquid that drains over land to any part of a facility.

Saturated Zone or Zone of Saturation means that part of the earth's crust in which all voids are filled with water.

Scrap Metal means metal particles, which would be hazardous waste if tested without additional particle size reduction including, but not limited to, finely shredded metal trimmings. Scrap metal does not include the following: metal containing process residues generated from smelting, refining, and other operations (e.g., drosses, slags and sludges), liquid wastes containing metals (e.g., spent acids, spent caustics, or other liquid wastes with metals in solution), liquid metal wastes (e.g., liquid mercury), metal containing wastes with a significant liquid component, such as spent batteries, metal powders and intact used electronic components. (See also 310 CMR 30.010: Bulk Scrap Metal Item.)

Shipping Paper means an invoice, bill of lading, or other shipping document serving a similar purpose; other than a hazardous waste manifest used to document the conveyance of materials between different locations.

Single Application Limiting Constituent means the compound, element or waste fraction in a hazardous waste which sets the maximum amount of hazardous waste which can be loaded onto soil per application.

Site or On-site means 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.

Sludge means any solid, semi-solid, or liquid waste generated from a municipal, commercial, or industrial waste water treatment plant, water supply treatment plant, or air pollution control facility exclusive of the treated effluent from a wastewater treatment plant.

Small Quantity Generator or Large Quantity Generator of Class A Regulated Recyclable Material means a person who generates 100 kilograms or more of RRM in a calendar month and/or any amount of acutely hazardous RRM, and/or accumulates 1000 kilograms or more of RRM at any one time.

Small Quantity Handler of Universal Waste means a universal waste handler who accumulates less than 5,000 kilograms total of universal waste at any time.

Soil Capacity Limiting Constituent means the compound, element or waste fraction in a hazardous waste which sets the total amount of hazardous waste which can be loaded onto soil.

Solid Waste Management Unit (SWMU) means any discernible unit at which solid wastes have been placed at any time, regardless of whether the unit was intended for the management of solid or hazardous waste. Such unit includes any area at a facility at which solid wastes have been routinely and systematically released.

Solvent-contaminated Wipe means:

(1) A wipe that, after use or after cleaning up a spill, either:

(a) Contains one or more of the F001 through F005 solvents listed in 310 CMR 30.131 or the corresponding P- or U-listed solvents found in 310 CMR 30.133 and 310 CMR 30.136;

(b) Exhibits a hazardous characteristic found in 310 CMR 30.120 through 30.125 when that characteristic results from a solvent listed in 310 CMR 30.131; and/or

(c) Exhibits only the hazardous waste characteristic of ignitability found in 310 CMR 30.122 due to the presence of one or more solvents that are not listed in 310 CMR 30.131.

(2) Solvent-contaminated wipes that contain listed hazardous waste other than solvents, or exhibit the characteristic of toxicity, corrosivity, or reactivity due to contaminants other than solvents, are not eligible for the exclusions at 310 CMR 30.104(3)(i) and (j).

Space Heater means a heating device that is used for direct heating of the area in, and adjacent to, the area in which the device is located.

Speculative Accumulation means:

(a) accumulation or storage of material before that material is recycled; or

(b) accumulation or storage of material in the hope or expectation, but without there being a written record indicating a commitment that the material will be recycled. Speculative accumulation shall be deemed not to be occurring if the person accumulating or storing the material persuades the Department that:

1. the material can feasibly be recycled; and

2. during the calendar year (commencing on January 1st), the amount of material that is recycled, and/or that is transferred to a different site for recycling, equals at least 75%, by weight or volume, of the sum of:

a. the amount being accumulated on January 1st of the calendar year;

b. the amount generated on-site during the calendar year; and

c. the amount received from off-site during the calendar year.

To determine whether the foregoing percentage requirement has been met with respect to any particular material, the calculations shall include only material of the same type (e.g., slags from a single smelting process) that is combusted as a fuel, used, reused, or recycled in the same way (i.e., that is utilized in the same way or that is obtained from the same reuse or recycling process). The calculations shall not include hazardous waste that, pursuant to 310 CMR 30.140(1)(f), is not subject to regulation as hazardous waste.

Spent Material means any material that has been used and that as a result of contamination, depletion, or other factors (e.g., extreme temperature) can no longer serve the purpose for which it was produced without processing.

Spill means the accidental spilling, leaking, pumping, emitting, discharging, emptying, or dumping of hazardous wastes or materials which become hazardous wastes when spilled into or on any land or water.

Storage means 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, transported or stored elsewhere.

Sudden Accidental Occurrence means an accidental occurrence which is not continuous or repeated in nature.

Sump means any pit or reservoir that meets the definition of 310 CMR 30.010: Tank and those troughs/trenches connected to it that serve to collect hazardous waste for transport to hazardous waste storage, treatment, or disposal facilities.

Surface Impoundment or Impoundment means a facility or part of a facility which is a natural topographic depression, man-made excavation, or diked area formed primarily of earthen materials (although it may be lined with man-made materials), which is designed to hold an aggregation of liquid hazardous waste or waste containing free liquid, and which is not an injection well. Examples of surface impoundments are: holding, storage, settling, and aeration pits, ponds, and lagoons.

Tank means a stationary device used to store or to contain hazardous waste which is constructed primarily of non-earthen materials (e.g., wood, concrete, steel, plastic) which provide structural support.

Tank System means a hazardous waste storage or treatment tank and its associated ancillary equipment and containment system.

Teaching Hospital means a hospital that trains students to become physicians, nurses or other health or laboratory personnel.

Thermal Treatment means the treatment of hazardous waste in a device which uses elevated temperatures as the primary means to change the chemical, physical, or biological character or composition of the hazardous waste. Examples of thermal treatment processes are incineration, molten salt, pyrolysis, calcination, wet air oxidation, and microwave discharge. (See also 310 CMR 30.010: Incinerator and Open Burning.)

Thermostat means a temperature control device that contains metallic mercury in an ampoule attached to a bimetal sensing element.

Threat of Release means a substantial likelihood of a release which requires action to prevent or mitigate damage to the environment which may result from such release. Circumstances which represent a threat of release include, but are not limited to, sites or vessels containing or conducting an amount of hazardous waste in excess of the reportable quantity for that hazardous waste where no release has occurred but where:

(a) corrosion, damage, malfunction or other conditions are visible, known to exist or should be known to exist; and

(b) where these conditions are likely to result in a release.

Trained Professional means a person who has completed the applicable training requirements of 310 CMR 30.341(1)(a) for large quantity generators, or is knowledgeable about normal operations and emergencies in accordance with 310 CMR 30.351(9)(g) for small quantity generators or is knowledgeable about normal operations and emergencies, based on training equivalent to that specified in 310 CMR 30.351(9)(g), for Very Small Quantity Generators. A trained professional may be an employee of the eligible academic entity or may be a contractor or vendor who meets the requisite training requirements.

Transfer Station means an intermediate point in the transport of hazardous wastes where such wastes are brought, stored and transferred to vehicles for movement to other intermediate points or to the point of ultimate storage, treatment, or disposal.

Transport means the movement, by vessel or carrier, of hazardous wastes from the point of generation to any intermediate point(s) or to the point(s) of ultimate storage, use, treatment, recovery or disposal.

Transportation Related Area means a parking area or other place where shipments of hazardous waste are held by a transporter during the normal course of transportation. A transportation related area shall not include a hazardous waste transfer station, school or hospital parking lot, or residentially zoned location.

Treatability Study means a study in which a hazardous waste is subjected to a treatment process to determine

(a) whether the waste is amenable to the treatment process;

(b) what pretreatment, if any, is required;

(c) the optimal process conditions needed to achieve the desired treatment;

(d) the efficiency of a treatment process for a specific waste or wastes; or

(e) the characteristics and volumes of residuals from a particular treatment process. For the purpose of implementing 310 CMR 30.104(3)(b) and 30.104(3)(c) exemptions, 310 CMR 30.010: Treatability Study also includes liner compatibility, corrosion, and other material compatibility studies and toxicological and health effects studies. Treatability Study shall not include, and a Treatability Study is not, a means to commercially treat or dispose of hazardous waste.

Treatment means any method, technique or process, including neutralization, incineration, stabilization or solidification, designed to change the physical, chemical or biological character or composition of any hazardous waste so as to neutralize such waste or so as to render such waste less hazardous, nonhazardous, safer to transport, amenable to storage, or reduced in volume, except such method or technique as may be included as an integral part of a manufacturing process at the point of generation.

Treatment Which Is an Integral Part of the Manufacturing Process means any treatment method or technique which is at the site of generation of the waste, is not primarily for the purpose of recycling hazardous waste, and is:

(a) Directly connected via pipes or the equivalent from an industrial production process [i.e., a process which produces a product, produces an intermediate, produces a by-product, renders a service (e.g., dry-cleaning), or produces a material which is used back in the production process]; and

(b) Totally enclosed so that it is designed, constructed, and operated to prevent spills, leaks, or emissions of hazardous materials to the environment. A treatment unit may be deemed "totally enclosed" if it is completely contained on all sides (i.e., an open-topped tank or treatment vessel shall not be deemed totally enclosed). If a treatment unit is vented, it may be deemed "totally enclosed" only if such vent(s) is/are designed to prevent overflow and emissions of gases, vapors, or aerosols where such events might occur through normal operation, equipment failure, or process upsets. This shall be accomplished through the use of suitable traps, recycle lines, sorption units, or the equivalent. If the effluent from the treatment unit discharges to surface water, ground water, or a sewer, the treatment unit may be deemed "totally enclosed" only if all discharges are in compliance with all applicable Federal, State, and local laws, regulations, and permits. If one unit operation in a series of unit operations is not "totally enclosed" or connected by pipe to the unit immediately upstream from that unit, then only unit operations upstream from that unit may be deemed "treatment which is an integral part of the manufacturing process".

Treatment Zone means a soil area of the unsaturated zone of a land treatment unit within which hazardous constituents are degraded, transformed, or immobilized.

Underground Drinking Water Source means any aquifer supplying drinking water for human consumption, an aquifer in which ground water contains less than ten thousand parts per million total dissolved solids, or an aquifer designated as such by the Department or a municipality.

Underground Injection means the subsurface emplacement of fluids through a bored, drilled or driven well; or through a dug well, where the depth of the dug well is greater than the largest surface dimension. (See also 310 CMR 30.010: Injection Well.)

Underground Tank means a device meeting the definition of 310 CMR 30.010: Tank which is resting on the adjacent surrounding surface or which has any portion of its total height below the adjacent surrounding surface.

United States means the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.

Universal Waste means any of the following hazardous wastes, as further described in 310 CMR 30.1020, that are managed under the universal waste requirements of 310 CMR 30.1000:

(a) Batteries;

(b) Pesticides;

(c) Thermostats;

(d) Mercury-containing devices; and

(e) Mercury-containing lamps.

[NOTE: Not all batteries, pesticides and lamps are hazardous waste, and therefore, they do not all qualify as universal wastes; such wastes may instead be managed as nonhazardous solid wastes.]

Universal Waste Handler:

(a) Means:

1. A generator of universal waste; or

2. The owner or operator of a facility that receives universal waste from other universal waste handlers, accumulates universal waste, and sends universal waste to another universal waste handler, to a destination facility, or to a foreign destination.

(b) Does not mean:

1. A person who treats (except under the provisions of 310 CMR 30.1034(1), (3), (4) or (5), or 310 CMR 30.1044(1), (3), (4) or (5)), disposes of, or recycles universal waste; or

2. A person engaged in the off-site transportation of universal waste by air, rail, highway, or water, including a universal waste transfer facility.

Universal Waste Transfer Facility means any transportation-related facility, including loading docks, parking areas, storage areas and other similar areas where shipments of universal waste batteries are held during the normal course of transportation for ten days or less.

Universal Waste Transporter means a person engaged in the off-site transportation of universal waste by air, rail, highway, or water.

Unsaturated Zone or Zone of Aeration means the zone between the land surface and the water table.

Unused Waste Oil means oil that is superfluous or abandoned fuel, storage tank bottoms, clean-out sludge, sludge from the separation of unused oil from a nonhazardous waste, contaminated oil resulting from the clean-up of a release of oil, and any other waste oil that is not used waste oil.

Unwanted Material means any chemical, mixtures of chemicals, products of experiments or other material from a laboratory that is no longer needed, wanted or usable in the laboratory and that is destined for hazardous waste determination by a trained professional. Unwanted materials include reactive acutely hazardous unwanted materials and materials that may eventually be determined not to be a waste or a hazardous waste, pursuant to 310 CMR 30.010 and 310 CMR 30.302. If an eligible academic entity elects to use another equally effective term in lieu of "unwanted material," as allowed by 310 CMR 30.354(6)(a)1.a., the equally effective term has the same meaning and is subject to the same requirements as "unwanted material" under 310 CMR 30.354.

Uppermost Aquifer means the aquifer nearest the natural ground surface and any lower aquifer that is hydraulically interconnected with this aquifer.

Use Constituting Disposal means the application or placement on the land of a recyclable material either without mixing with any other substance(s), or after mixing or combining with any other substances.

Used Oil Fuel means a regulated recyclable material:

(a) that is recycled by being burned for energy recovery; and

(b) that is:

1. waste oil; or

2. any fuel, other than hazardous waste fuel, produced from waste oil by processing, blending, or other treatment; and

(c) that is managed in compliance with 310 CMR 30.200.

Used Oil Fuel Fired Space Heater means a space heater that burns used oil fuel for energy recovery.

Used Waste Oil means used and/or reprocessed, but not subsequently re-refined, oil that has served its original intended purpose. Such oil includes, but is not limited to, fuel oil, engine oil, gear oil, cutting oil, petroleum distillates such as mineral spirits and petroleum naphtha composed primarily of aliphatic hydrocarbons, transmission fluid, and dielectric fluid. It does not mean petrochemicals or animal or vegetable oils.

USPS means the United States Postal Service.

Utility Boiler means a boiler that is used to produce electric power, steam, or heated or cooled gases or fluids for sale.

Vehicle Identification Device means the document which identifies a specific vehicle used to transport hazardous waste, and which is issued by the Department pursuant to M.G.L. c. 21C, § 7.

Very Small Quantity Generator of Class A Regulated Recyclable Material (RRM) means a person who generates less than 100 kilograms of RRM in a calendar month, no acutely hazardous RRM, and accumulates less than 1000 kilograms of RRM at any one time.

Vessel means every type of watercraft used or capable of being used as a means of transportation on the water.

Washout means the movement of hazardous waste from the active portion of a facility as a result of flooding.

Waste:

(a) Waste means any discarded material. A waste may be a solid, liquid, semi-solid, or contained gaseous material, or any refuse or sludge, and may result from industrial, commercial, mining, or agricultural operations, or from municipal or other governmental activities, or from the activities of other persons.

(b) Discarded material means any material that is:

1. abandoned by being disposed of, burned, or incinerated;

2. accumulated, stored, or treated before or in lieu of being disposed of, burned, or incinerated;

3. inherently waste-like material;

4. recycled in a manner that is not in compliance with 310 CMR 30.000.

(c) Inherently waste-like material means material that is:

1. hazardous waste numbered F020;

2. hazardous waste numbered F021 (except when used as an ingredient to make a product at the site of generation);

3. hazardous waste numbered F022;

4. hazardous waste numbered F023;

5. hazardous waste numbered F026;

6. hazardous waste numbered F028; and

7. designated as such by the Department using the following criteria:

a. the materials are ordinarily disposed of, burned, or incinerated; or

b. the materials contain one or more toxic constituents listed in 310 CMR 30.160 that are not ordinarily in raw materials or products for which the materials substitute (or are found in raw materials or products in smaller concentrations) and are not used or reused during the recycling process; and

c. the material may pose a substantial hazard to public health, safety, or welfare, or the environment when recycled.

Waste Oil means used or unused waste oil (or any mixture thereof) that is not otherwise hazardous pursuant to 310 CMR 30.120 through 30.136, except that used waste oil with a flash point greater than or equal to 100°F and less than 140°F (solely through use) remains subject to regulation as used waste oil.

Working Container means a small container (i.e., two gallons or less) that is in use at a laboratory bench, hood, or other work station, to collect unwanted material from a laboratory experiment or procedure.

Waste Pile. (See310 CMR 30.010: Pile.)

Wastewater Treatment Unit means a device which:

(a) Is part of a wastewater treatment facility which is subject to regulation pursuant to § 307(b) (pretreatment provisions) or § 402 (NPDES program or equivalent state program) of the Federal Clean Waters Act; and

(b) Either:

1. treats or recycles an influent wastewater which is a hazardous waste; or

2. treats or recycles a wastewater treatment sludge which is a hazardous waste; or

3. is used for the accumulation or storage of a wastewater treatment sludge which is a hazardous waste, prior to the reintroduction of such sludge into the treatment process; and

(c) meets the definition of a tank or tank system.

310 CMR 30.010: Wastewater Treatment Unit does not include a unit used solely for the accumulation or storage of a wastewater treatment sludge prior to disposal on-site or prior to transportation to an off-site facility. Each such unit is subject to the requirements of 310 CMR 30.340 or 310 CMR 30.690, as the case may be.

Water (Bulk Shipment) or Bulk Shipment Water means the bulk transportation of hazardous waste which is loaded or carried onboard a vessel without containers or labels.

Watershed means an area which is drained by or drains into a hydrologic feature such as a brook, creek, swamp, stream, river, spring, lake, pond, great pond, estuary, or ocean.

Well means a bored, drilled, or driven-shaft, or a dug-hole, whose depth is greater than its largest surface dimension.

Well Injection. (See 310 CMR 30.010: Underground Injection.)

Wetlands means any land or water area subject to M.G.L. c. 131, § 40, and as may be further defined in the regulations promulgated pursuant thereto, 310 CMR 10.00: Wetlands Protection.

White Oil means a petroleum based oil which contains no aromatic hydrocarbons and is transparent, colorless, odorless, and tasteless when cold. Synonyms for white oil include liquid paraffin, liquid petrolatum, USP mineral oil, white mineral oil, and vaseline oil.

Wipe means a woven or nonwoven shop towel, rag, pad, or swab made of wood pulp, fabric, cotton, polyester blends, or other material.

Working Container means a small container (i.e., two gallons or less) that is in use at a laboratory bench, hood, or other work station, to collect unwanted material from a laboratory experiment or procedure.

Zone 2 means the hydrogeologically defined area of contribution to a public water supply wellhead.

1 The implication is that all CRTs are recyclable once they are determined not to be commodities as operable CRTs, but is takes an affirmative determination for a CRT to convert from a commodity.

2 Monochrome CRTs do not fail TCLP, but remain subject to the waste ban in MA. Accordingly, monochrome CRTs can only be disposed of as solid waster outside of MA.

(Amended by Mass Register Issue 1404, eff. 11/15/2019.)

The following state regulations pages link to this page.