Code of Massachusetts Regulations
310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION
Title 310 CMR 19.000 - Solid Waste Management
Part I - GENERAL REQUIREMENTS, PROCEDURES AND PERMITS
Section 19.006 - Definitions
For purposes of 310 CMR 19.000, the following words and phrases shall have the following meanings unless the content clearly indicates otherwise:
Abutter means the owner of land sharing a common boundary or corner with the site of the proposed activity in any direction, including, but not limited to, land located directly across a street, way, creek, river, stream, brook or canal.
Access Road means a roadway or course providing access to a facility, or areas within a site assigned area, from a public way or other road that is not under the control of the operator.
Action Leakage Rate (ALR) means the quantity of liquid collected from a the leak detection system of a double liner system over a specified period of time which, when exceeded, requires certain actions to be taken as described in a plan approved by the Department.
Active Landfill means a landfill that has an authorization to operate pursuant to 310 CMR 19.042 and for which the Department has not approved facility closure completion pursuant to 310 CMR 19.140(6).
Adverse Impact means an injurious impact which is significant in relation to the public health, safety, or environmental interest being protected.
Agricultural Material means organic materials produced from the raising and processing of plants and animals as part of agronomic, horticultural, aquacultural or silvicultural operations, including, but not limited to, animal manures, animal products and by-products (including carcasses), bedding materials and plant materials.
Airport means any air navigation facility certificated by the Massachusetts Aeronautics Commission (MAC) under provisions of M.G.L. c. 90, and airports operated by the Massachusetts Port Authority.
Airport Zone means the area surrounding an airport that is within 10,000 feet (3,048 meters) of any airport runway used by turbojet aircraft or within 5,000 feet (1,524 meters) of any airport runway used by only piston type aircraft.
Applicant means the person named in the application as the owner of a property interest in the site or the operator of the proposed facility where the owner has entered into an agreement with an operator at the time the application is filed.
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.
Asbestos Waste means Asbestos-containing Material and Asbestos-containing Waste Material as defined in 310 CMR 7.00: Air Pollution Control.
Ash means the residual by-product of a thermal combustion/reduction process, including all ash fractions (bottom, fly, boiler and economizer ash).
Asphalt Pavement, Brick and Concrete means asphalt pavement, brick and concrete from construction activities and demolition of buildings, roads and bridges and similar sources.
Bedrock means cemented or consolidated earth materials exposed on the earth's surface or underlying unconsolidated earth materials.
Beneficial Use means the use of a material as an effective substitute for a commercial product or commodity.
Bird Hazard means a hazard to aircraft created by an increase in the likelihood of bird/aircraft collisions.
Board of Health means the legally designated health authority of the city, town or other legally constituted governmental unit within the Commonwealth having the usual powers and duties of the board of health of a city or town, or its authorized agent or representative; provided, that in any case in which a waste disposal facility extends into the geographic areas of two or more boards of health, said boards may coordinate activities in effecting compliance with 310 CMR 19.000 for the management of solid wastes.
Bulky Wastes means waste items of unusually large size including but not limited to large appliances, furniture, large auto parts, stumps, trees, branches, brush.
Cathode Ray Tube (CRT) means any intact, broken, or processed glass tube used to provide the visual display in televisions, computer monitors and certain scientific instruments such as oscilloscopes.
Cell means a discrete portion of a landfill that contains or is designed to contain compacted solid waste enclosed by natural soil or other non-waste materials.
Clean Gypsum Wallboard means gypsum wallboard that is not contaminated with paint, wallpaper, joint compound, adhesives, nails, or other substances after manufacture. Gypsum wallboard means a panel (also known as drywall) with a gypsum core and faced with a heavy paper or other material on both sides.
Clean Wood means discarded material consisting of trees, stumps, and brush, including but not limited to sawdust, chips, shavings, bark, and new or used lumber. Clean wood does not include:
(a) wood from commingled construction and demolition waste;
(b) engineered wood products; and
(c) wood containing or likely to contain:
1. asbestos;
2. chemical preservatives such as, but not limited to, chromated copper arsenate (CCA), creosote or pentachlorophenol; or
3. paints, stains or other coatings, or adhesives.
Closed Landfill means a landfill for which the Department has determined that the facility closure has been completed or has approved a post-closure monitoring plan pursuant to 310 CMR 19.140.
Closure means the act or process of deactivating a facility in compliance with the approved facility final closure plan and applicable closure requirements.
Combustion Facility means a facility employing an enclosed system using controlled flame combustion, the primary purpose of which is to thermally break down solid wastes, producing ash that contains little or no combustible materials.
Commercial Organic Material effective through October 31, 2022 means food material and vegetative material from any entity that generates more than one ton of those materials for solid waste disposal per week, but excludes material from a residence. Effective beginning November 1, 2022 commercial organic material means food material and vegetative material from any entity that generates more than one-half ton of those materials for solid waste disposal per week, but excludes material from a residence.
Commercial Products means of or relating to goods. Commercial products are often unrefined, produced and distributed in large quantities for use. A commercial product may be solid like a concrete block, or loose like aggregate drainage material. A commercial product may be manufactured or produced using solely secondary materials.
Commercial Solid Waste means all types of solid waste generated by stores, offices, institutions, restaurants, warehouses, and other non-manufacturing activities, or similar types of solid waste generated from manufacturing operations. Commercial Solid Waste does not include solid waste generated in a residence or in a manufacturing or industrial process.
Commissioner means the Commissioner of the Department of Environmental Protection or his or her designee.
Composting or Composted means a process of accelerated biodegradation of organic materials using microorganisms under controlled conditions in the presence of oxygen using windrows or piles including, but not limited to, covered aerated piles or bays. For the purposes of 310 CMR 19.000, composting is not aerobic digestion or conversion.
Composite Liner means a groundwater protection system that is composed of two or more low permeability layers where, typically, the upper layer consists of FML (flexible membrane liner) or Geomembrane in direct contact with the lower layer consisting of a low permeability soil and/or a geosynthetic clay liner (GCL).
Construction and Demolition Waste (C&D) Processing Facility means a handling facility where construction and demolition waste is brought, stored and processed (usually by sorting, crushing, shredding, screening, etc.) prior to reuse or transport to a solid waste disposal facility or to other types of facilities for recycling, recovery or reuse.
Construction and Demolition Waste (C&D) means the waste building materials and rubble resulting from the construction, remodeling, repair or demolition of buildings, pavements, roads or other structures. Construction and demolition waste includes, but is not limited to, concrete, bricks, asphalt pavement, masonry, plaster, gypsum wallboard, metal, lumber and wood.
Construction and Demolition Waste (C&D) Transfer Station means a transfer station permitted by the Department to accept 50 tons per day or more of construction and demolition waste. A C&D waste transfer station may accept other types of solid waste in accordance with its permit.
Cover Material means soil or other materials that can be placed in one or more layers over solid waste for control of vectors, fires, odors, percolation of water into a landfill, grading, support of vegetation and related environmental or engineering purposes.
Critical Contaminant of Concern (CCC) means contaminants identified by the Department to be of particular concern due to their toxicity, persistence, ability to bio-accumulate, or widespread occurrence.
Cumulative Receptor Cancer Risk means that risk as defined in 310 CMR 40.0000: Massachusetts Contingency Plan. As of October 7, 2005, Cumulative Receptor Cancer Risk is defined at 310 CMR 40.0000 as follows: the sum of the estimated excess lifetime cancer risks associated with exposure to all oil and/or hazardous material at or from a disposal site at all exposure points for a given receptor.
Cumulative Receptor Non-cancer Risk means that risk as defined in 310 CMR 40.0000: Massachusetts Contingency Plan. As of October 7, 2005, Cumulative Receptor Non-cancer Risk is defined at 310 CMR 40.0000 as follows: a calculation of the possibility of non-cancer health effects associated with exposure to all oil and/or hazardous material at or from a disposal site at all exposure points identified for a given receptor. The Hazard Index is a measure of the Cumulative Receptor Non-cancer Risk.
Current Operations means those areas of a solid waste management facility which had been filled with refuse, were in active use for management of solid wastes or were under construction as of July 1, 1990.
Department means the Department of Environmental Protection.
Destructive Practices means any process that requires the demolition of commercial products that were manufactured using secondary materials.
Discharge means the accidental or intentional spilling, leaking, pumping, emitting, emptying, dumping or placement of any solid waste into or on any land or water so that such solid waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including groundwater.
Disposal means the final dumping, landfilling or placement of solid waste into or on any land or water or the combustion of solid waste.
Disposal Facility means any combustion facility or any landfill.
Double Liner means a groundwater protection system that is comprised of two liners that are separated by a drainage layer that provides a leak detection function by collecting any leachate that leaks through the primary liner.
Downgradient means:
(a) in reference to surface water, the direction perpendicular to lines of equal elevation over a distance in which elevation continuously decreases, measured from the point or area in question; or
(b) in reference to groundwater, the direction perpendicular to lines of equipotential over a distance in which total head continuously decreases, measured from the point or area in question.
Dumping Ground means a facility or place used for the disposal of solid waste from one or more sources which is not established or maintained pursuant to a valid site assignment or permit in accordance with M.G.L. c. 111, § 150A, 310 CMR 16.00: Site Assignment Regulations for Solid Waste Facilities or 310 CMR 19.000.
Equipment means any item of machinery or implement used in the operation or maintenance of a facility.
Expansion means:
(a) For a landfill, a horizontal or vertical increase in the size of the landfill beyond the horizontal or vertical limits specified or approved in the permit; and
(b) For a transfer station:
1. In the case of a transfer station permitted by the Department to accept less than 50 tons per day (TPD), an increase in the tonnage acceptance limits approved in the permit that would result in the facility accepting 50 TPD or more; and
2. In the case of a transfer station permitted by the Department to accept 50 TPD or more, an increase in the tonnage acceptance limits of more than 25% beyond the limits approved in the permit, determined on a cumulative basis since the last new or expanded transfer-station permit was issued to the facility.
(c) For any other handling facility or combustion facility, an increase in the tonnage acceptance limits beyond the tonnage limits approved in the facility permit.
Exposure means exposure as defined in 310 CMR 40.0000: Massachusetts Contingency Plan. As of October 7, 2005 Exposure is defined at 310 CMR 40.0000 as follows: any contact with or ingestion, inhalation or assimilation of oil and/or hazardous material, including, without limitation, irradiation.
Exposure Pathway means exposure as defined in 310 CMR 40.0000: Massachusetts Contingency Plan. As of October 7, 2005 Exposure is defined at 310 CMR 40.0000 as follows: The mechanism by which human or environmental receptors inhale, consume, absorb, or otherwise take in oil and/or hazardous material at an exposure point.
Exposure Point means that point as defined in 310 CMR 40.0000: Massachusetts Contingency Plan. As of October 7, 2005 Exposure Point is defined at 310 CMR 40.0000 as follows: a location of potential contact between a human or environmental receptor and a release of oil and/or hazardous material. An Exposure Point may describe an area or zone of potential exposure, as well as a single discrete point.
Exposure Point Concentration means that concentration as defined in 310 CMR 40.0000: Massachusetts Contingency Plan. As of October 7, 2005 Exposure Point Concentration is defined at 310 CMR 40.0000 as follows: the concentration of oil or hazardous material in a specific medium which a human or environmental receptor may contact at an Exposure Point.
Facility means a site or works, and other appurtenances thereto, which is, has been or will be used for the handling storage, transfer, processing, treatment or disposal of solid waste including all land, structures and improvements which are directly related to solid waste activities.
Factor of Safety means the ratio of the breaking stress of a structure to the estimated maximum stress in ordinary use.
Fault means a fracture or a zone of fractures in any material along which strata on one side have been displaced with respect to those on the other side.
Flexible Membrane Liner (FML) or Geomembrane Liner means a continuous layer of low-permeability flexible polymeric material beneath, on the sides and/or on the top of a landfill or landfill cell.
Floodplain means an area which floods from a rise in a bordering waterway or waterbody and is the maximum lateral extent of flood water which will result from the statistical 100 year frequency storm. This boundary shall be determined using the data available through the National Flood Insurance Program (NFIP) as administered by the Federal Emergency Management Agency (FEMA), except where the Department determines that more accurate information is available.
Food Material means material produced from human or animal food production, preparation and consumption activities and which consists of, but is not limited to, fruits, vegetables, grains, and fish and animal products and byproducts.
Geologic Formation means the basic stratigraphic unit which is a mappable lithologic entity characterized by a particular rock type or types.
Geonet or Geocomposite means a synthetic material with its primary function designed to facilitate drainage.
Geosynthetic Clay Liner (GCL) means a liner material that is comprised of a layer of sodium bentonite clay (or similar low permeability clay) either sandwiched and mechanically secured between two materials (typically synthetic) or chemically bonded to a synthetic material to create a continuous low permeability layer or liner.
Geotextile means a permeable synthetic material that can be a woven, nonwoven, composite, or knitted product, etc. that fulfills several functions in civil engineering, especially separation, filtration, drainage and protection.
Ground Water means water below the land surface in a saturated zone.
Groundwater Protection System means an engineered system that may include without limitation, liners and barrier structures; leachate collection, storage and disposal systems; drainage systems and/or other technologies intended to prevent the migration of leachate into and contamination of the groundwater.
Handling means storing, transferring, processing or treating of a material or solid waste.
Handling Area means an area used for the transfer, storage, processing or treatment of solid waste, excluding weigh stations or access roads.
Handling Facility means any facility that is not a disposal facility and that is used for the storage, processing or treatment of solid waste.
Hazardous Material means that material as defined in 310 CMR 40.000: Massachusetts Contingency Plan. As of October 7, 2005 Hazardous Material is defined at 310 CMR 40.0000 as follows: material, including, but not limited to, any material in whatever form which, because of its quantity, concentration, chemical, corrosive, flammable, reactive, toxic, infectious or radioactive characteristics, either separately or in combination with any substance or substances, constitutes a present or potential threat to human health, safety, welfare, or to the environment, when improperly stored, treated, transported, disposed of, used, or otherwise managed. The term shall not include oil, but shall include waste oil and all those substances which are included under 42 U.S.C. § 9601(14), but it is not limited to those substances. The term shall also include, but is not limited to, material regulated as hazardous waste or recyclable material under 310 CMR 30.000: Hazardous Waste.
Hazardous Waste means any waste that is defined and regulated under 310 CMR 30.000: Hazardous Waste.
Holocene means the most recent epoch of the Quaternary period, extending from the end of the Pleistocene Epoch to the present.
Household Hazardous Waste means hazardous waste generated by households but which is not subject to the Hazardous Waste Regulations pursuant to 310 CMR 30.104: Wastes Subject to Exemption From 310 CMR 30.000 except as provided in 310 CMR 30.390: Special Provisions for Accumulation of Household Hazardous Waste and/or Hazardous Waste Generated by Very Small Quantity Generators.
Hydrogeologic Study means a detailed study designed to define and assess the geologic and hydrologic character of a given area focusing on existing or potential water quality impacts.
Interim Wellhead Protection Area (IWPA) means that area defined by 310 CMR 22.00: Drinking Water. As of October 7, 2005 Interim Wellhead Protection Area is defined at 310 CMR 22.00 as follows: for public water systems using wells or wellfields that lack a Department approved Zone II, the Department will apply an interim wellhead protection area. This interim wellhead protection area shall be a 1/2 mile radius measured from the well or wellfield for sources whose approved pumping rate is 100,000 gpd or greater. For wells or wellfields that pump less than 100,000 gpd, the IWPA radius is proportional to the approved pumping rate which may be calculated according to the following equation: IWPA radius in feet = (32 x pumping rate in gallons per minute) + 400. A default IWPA radius or an IWPA radius otherwise computed and determined by the Department shall be applied to transient noncommunity (TNC) and non-transient non-community (NTNC) wells when there is no metered rate of withdrawal or no approved pumping rate.
Landfill means a facility or part of a facility established in accordance with a valid site assignment for the disposal of solid waste into or on land.
Leachate means a liquid that has passed through or emerged from solid waste and which may contain soluble or suspended material from such waste.
Leak Detection System means a secondary leachate collection system or other means that can both detect the presence of leachate which has leaked through the primary liner and identify the area of the primary liner through which the leachate has leaked.
Liner means an engineered layer or layers of recompacted soils and/or synthetic materials designed to restrict the movement of leachate into ground water and to facilitate the collection of leachate. "Liner" may refer to one or more low permeability layers in a ground water protection system.
Lithified Earth Material means all rock, including all naturally occurring and naturally formed aggregates or masses of minerals or small particles of older rock formed by crystallization of magma or by induration of loose sediments. Lithified Earth Material does not include man-made materials, such as fill, concrete, and asphalt, or unconsolidated earth materials, soil or regolith lying at or near the earth surface.
Lower Explosive Limit (LEL) means the lowest percent by volume of a mixture of explosive gases in air that will propagate a flame at 25°C and atmospheric pressure.
Maintain means to establish, keep or sustain the presence of a facility on a site, whether or not such facility is in operation or has been closed.
Mattress means any resilient material or combination of materials that is enclosed by ticking, used alone or in combination with other products, that is intended for sleeping upon, except for mattresses that are contaminated with mold, bodily fluids, insects, oil, or hazardous substances. Mattress includes any foundation or box-spring. Mattress does not include any mattress pad, mattress topper, sleeping bag, pillow, car bed, carriage, basket, dressing table, stroller, playpen, infant carrier, lounge pad, crib bumper, liquid or gaseous filled ticking, including any water bed and any air mattress that does not contain upholstery material between the ticking and the mattress core, and mattresses in futons and sofa beds.
Maximum High Groundwater Table means the highest seasonal elevation of the surface of the Zone of Saturation that has been historically documented or calculated.
Maximum Horizontal Acceleration in Lithified Earth Material means the maximum expected horizontal acceleration depicted on a seismic hazard map, with a 90% or greater probability that the acceleration will not be exceeded in 250 years, or the maximum expected horizontal acceleration based on a site-specific seismic risk assessment.
Medical or Biological Waste means Medical or Biological Waste as defined in 105 CMR 480.000: Minimum Requirements for the Management of Medical or Biological Waste (State Sanitary Code Chapter VIII).
MEPA means the Massachusetts Environmental Policy Act, M.G.L. c. 30, §§ 61 through 62H.
MEPA Process means an environmental review process required for projects subject to 301 CMR 11.00: MEPA Regulations.
Mercury-added Product means a product to which the manufacturer intentionally introduces mercury including, but not limited to, electric lamps, thermostats, automotive devices, electric switches, medical or scientific instruments, electric relays or other electrical devices, but not including products made with coal ash or other products that are incorporated into equipment used to manufacture semiconductor devices, elemental mercury in pre-capsulated form that is sold, distributed or provided to a dental practitioner for use in compliance with the department's regulations concerning amalgam wastewater and recycling for dental facilities, or mercury-added formulated products. Mercury-added Product includes mercury-added components that are incorporated into larger products.
Metal means ferrous and non-ferrous metals derived from used appliances, building materials, industrial equipment, transportation vehicles, and manufacturing processes.
Monitor means to systematically measure, inspect and/or collect data on the performance of a facility or on its existing or potential impact on the land, air, ground and surface waters.
Monitoring Well means a well designed to facilitate the down-hole measurement of groundwater and/or gas levels and the collection of groundwater and/or gas samples.
Municipal Solid Waste means any residential or commercial solid waste.
No Significant Risk means that risk as defined in 310 CMR 40.000: Massachusetts Contingency Plan. As of October 7, 2005, No Significant Risk is defined at 310 CMR 40.0000 as follows: a level of control of each identified substance of concern at a site or in the surrounding environment such that no such substance of concern shall present a significant risk of harm to health, safety, public welfare or the environment during any foreseeable period of time.
Open Burning means burning under such conditions that the products of combustion are emitted directly to the ambient air space and are not conducted thereto through a stack, chimney, duct, or pipe. Open burning includes above or underground smoldering fires.
Open Dump means 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 promulgated thereunder relative to solid waste disposal.
Operator means any person who has care, charge or control of a facility subject to 310 CMR 19.000, including without limitation, an agent or lessee of the owner or an independent contractor.
Opportunity to Recycle or Compost means financial or operational participation in a coordinated recycling or composting program between the applicant and the applicant's waste sources.
Owner means any person who alone or in conjunction with others has legal ownership, a leasehold interest, or effective control over the real property upon which a facility is located, or the airspace above said real property; "owner" does not mean persons holding bare legal title for the purpose of providing security for financing.
Person(s) means any individual, partnership, association, firm, company, corporation, department, agency, group, public body (including a city, town, district, county, authority, state, federal, or other governmental unit) or any other entity responsible in any way for an activity subject to 310 CMR 19.000.
Pollution means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping or disposing of any material which, because of its quantity, concentration or other characteristics, does or may result in an adverse impact to human, plant or animal life or to property, or may unreasonably interfere with the comfortable enjoyment of life or property.
Post-closure means a finite period of time commencing after the closure of a facility has been completed and approved by the Department, during which the Department may require site monitoring, care and maintenance.
Post-consumer Recyclables means the following materials which have served their intended end use and have been pre-sorted:
(a) containers, films and wraps and other forms of packaging made from metal, glass, plastic or paper; and
(b) newspaper, office paper, cardboard and other grades of paper.
Potential Private Water Supply means a portable water supply as defined in 314 CMR 5.11: Ground Water Standards, capable of yielding water of sufficient quality and quantity which is located under a parcel of land that at the time of the earlier of the following two filings, the Site Assignment Application or, where applicable, the Massachusetts Environmental Policy Act Environmental Notification Form, is:
(a) zoned residential or commercial;
(b) not served by a public water supply; and
(c) subject to a subdivision plan or a building permit application approved by the appropriate municipal authority.
Potential Public Water Supply means a drinking water source which, at the time of the earlier of the following two filings, the Site Assignment Application, or where applicable, the Massachusetts Environmental Policy Act Environmental Notification Form, has been determined to be capable of yielding water of sufficient quality and quantity for future development as a public water supply, and either:
(a) has been designated and received Departmental approval under the Guidelines and Policies for Public Water Systems; or
(b) has had the necessary documentation submitted on its behalf for determination as a Potential Public Water Supply as defined by the Department's Division of Water Supply.
Pre-sort means to separate from solid waste and to keep separate from solid waste. Pre-sorting does not require the separation of components that are integral to that material (e.g. insulation or electronic components in white goods).
Primary Composite Liner means a composite liner that is the uppermost liner in a double liner system.
Primary Leachate Collection System means the uppermost leachate collection system.
Primary Liner means the uppermost liner in a ground water protection system composed of two or more liners.
Private Water Supply means a well used as a source of drinking water supplying a non-public water system with any volume of groundwater from any source.
Processing means the use of any method, technique or process to alter the physical characteristics of a material or solid waste through any means, including, without limitation, separating, baling, shredding, crushing or reworking. Storage alone does not constitute processing.
Public Water Supply means a source of drinking water supplying a public water system as defined in 310 CMR 22.00: Drinking Water.
QA/QC means quality assurance/quality control.
Recharge Area means an area through which water enters an aquifer. See "Zone II".
Recyclable or Recyclable Material means a material that has the potential to be recycled and which is pre-sorted. Recyclable material includes biodegradable paper, but does not include:
(a) organic materials that will be composted or converted; or
(b) construction and demolition waste unless it has been separated, and kept separate, into at least the following categories: asphalt, brick and concrete; wood; metals; plaster and wallboard; roofing materials; and carpet.
Recycle means to recover materials or by-products which will be:
(a) Reused; or
(b) Used as an ingredient or a feedstock in an industrial or manufacturing process to make a marketable product; or
(c) Used in a particular function or application as an effective substitute for a commercial product or commodity.
Recycle does not mean to recover energy from the combustion of a material or to create a fuel. Recycle does not include composting or conversion.
Refuse means solid waste.
Residence or Residential means a single, multi-family, or group home, or apartment complex. For purposes of 310 CMR 19.000, a group home means an establishment, usually resembling a private home, for providing a small group of persons with special needs, such as handicapped or elderly persons or children, with lodging and supervised care. Residence does not include any centralized dining facility.
Residual means all waste remaining after treatment or processing. Residual remaining after treatment or processing is not pre-sorted material. Air and water discharges managed in accordance with applicable regulations are not residuals.
Responsible Official means an individual who is duly authorized to bind the entity (e.g., but not limited to, a corporation, limited liability company, partnership, public entity, sole proprietorship or trust) which is subject to 310 CMR 19.000.
Restricted Material means any material subject to a waste restriction at a solid waste management facility pursuant to 310 CMR 19.017(3).
Saturated Zone or Zone of Saturation means the area beneath the land surface in which the voids in the rock or soil are filled with water.
Secondary Composite Liner means a composite liner that is the lowest liner in a double liner system.
Secondary Leachate Collection System means the leachate collection system lying between the uppermost or primary liner and the secondary liner and is designed to collect leachate which has leaked through the primary liner.
Secondary Liner means the liner that is below the uppermost or primary liner and is separated from the primary liner by a leachate collection system in a ground water protection system composed of two or more liners.
Secondary Material means a waste material that has characteristics that make it an effective substitute for an ingredient in an existing or new product or commodity.
Secretary means the Secretary of the Executive Office of Environmental Affairs.
Seismic Impact Zone means an area with a 10% or greater probability that the maximum horizontal acceleration in lithified earth material, expressed as a percentage of the earth's gravitational pull, will exceed 0.10g in 250 years.
Site means any building, structure, place or area where solid waste is or will be stored, transferred, processed, treated, disposed, or otherwise come to be located.
Site Assignment means a determination by a board of health or by the Department as specified in M.G.L. c. 111, § 150A that:
(a) designates an area of land for one or more solid waste uses subject to conditions with respect to the extent, character and nature of the facility that may be imposed by the assigning agency after a public hearing in accordance with M.G.L. c.111, § 150A; or
(b) establishes that an area of land was utilized as a site for the disposal onto land of solid waste or as a site for a refuse disposal incinerator prior to July 25, 1955, as provided in St. 1955, c. 310, § 2. The area of land assigned under 310 CMR 19.006: Site Assignment (b) shall be limited to the lateral limits of the waste deposition area ("the footprint"), or the area occupied by the incinerator, as they existed on July 25, 1955, except as otherwise approved by the Department in approved plans. Said assignment shall apply only to uninterrupted solid waste disposal activities within the footprint or plan approved area and shall have no legal force or effect at any time after the cessation of disposal activities except as otherwise provided at 310 CMR 16.21: Alternative Use of Assigned Site.
Sludge means the accumulated solids and/or semisolids deposited or removed by the processing and/or treatment of gasses, water or other fluids.
Sole Source Aquifer means an aquifer so designated by the U.S. Environmental Protection Agency, or by the Department under the authority of a state program as may be established, that supplies 50% or more of the drinking water for the aquifer service area, and the volume of water which could be supplied by alternative sources is insufficient to replace the petitioned aquifer should it become contaminated.
Solid Waste or Waste means useless, unwanted or discarded solid, liquid or contained gaseous material resulting from industrial, commercial, mining, agricultural, municipal or household activities that is disposed or is stored, treated, processed or transferred pending such disposal, but does not include:
(a) hazardous wastes as defined and regulated pursuant to 310 CMR 30.000: Hazardous Waste;
(b) sludge or septage which is land applied in compliance with 310 CMR 32.00: Land Application of Sludge and Septage;
(c) wastewater treatment facility residuals and sludge ash from either publicly or privately owned wastewater treatment facilities that treat only sewage and which is treated and/or disposed at a site regulated pursuant to M.G.L. c. 83, §§ 6 and 7 and/or M.G.L. c. 21, §§ 26 through 53 and the regulations promulgated thereunder, unless the wastewater treatment residuals and/or sludge ash are co-disposed with solid waste;
(d) septage and sewage as defined and regulated pursuant 314 CMR 5.00: Ground Water Discharge Permit Program, and regulated pursuant to either M.G.L. c. 21, §§ 26 through 53 or 310 CMR 15.00: 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, provided that 310 CMR 19.000 does apply to solid waste management facilities which co-dispose septage and sewage with solid waste;
(e) ash produced from the combustion of coal when reused as prescribed pursuant to M.G.L. c. 111, § 150A;
(f) solid or dissolved materials in irrigation return flows;
(g) source, special nuclear or by-product material as defined by the Atomic Energy Act of 1954;
(h) those materials and by-products generated from and reused within an original manufacturing process;
(i) materials which are recycled, composted, or converted in compliance with 310 CMR 16.03: Exemptions From Site Assignment, 310 CMR 16.04: General Permit for Recycling, Composting or Aerobic and Anaerobic Digestion Operations; or 310 CMR 16.05: Permit for Recycling, Composting or Conversion (RCC) Operations; and
(j) organic material when handled at a Publicly Owned Treatment Works as defined in 314 CMR 12.00: Operation and Maintenance and Pretreatment Standards for Wastewater Treatment Works and Indirect Dischargers and as approved by the Department pursuant to 314 CMR 12.00: Operation and Maintenance and Pretreatment Standards for Wastewater Treatment Works and Indirect Dischargers.
Solid Waste Management Facility (See Facility).
Special Waste means any solid waste that is determined not to be a hazardous waste pursuant to 310 CMR 30.000: Hazardous Waste and that exists in such quantity or in such chemical or physical state, or any combination thereof, so that particular management controls are required to prevent an adverse impact to the public health, safety or the environment from the collection, transport, transfer, storage, processing, treatment or disposal of the solid waste.
Storage means temporary containment of a material or solid waste in a manner which does not constitute disposal.
Storage Facility means a handling facility where solid waste is stored.
Surface Water means all bodies of water natural or artificial, inland or coastal, fresh or salt, public or private within the territorial limits of the Commonwealth of Massachusetts.
Textiles means clothing, footwear, bedding, towels, curtains, fabric, and similar products, except for textiles that are contaminated with mold, bodily fluids, insects, oil, or hazardous substances.
Third-party Inspection means an inspection conducted by a third-party inspector in accordance with 310 CMR 19.018.
Third-party Inspector means an individual registered with the Department to conduct third-party inspections in accordance with 310 CMR 19.018.
Tires means a continuous solid or pneumatic rubber covering intended for use on a motor vehicle.
Transfer Station means a handling facility where solid waste is brought, stored and transferred from one vehicle or container to another vehicle or container for transport off-site to a solid waste treatment, processing or disposal facility.
Treatment means the use of any method, technique or process to change the chemical, or biological character or composition of any solid waste; to neutralize such waste; to render such waste safer to transport, store or dispose; or make such waste amenable to recovery, storage or volume reduction.
Upgradient means:
(a) in reference to surface water, the direction perpendicular to lines of equal elevation over a distance in which elevation continuously increases, measured from the point or area in question; or
(b) in reference to groundwater, the direction perpendicular to lines of equipotential over a distance in which total head continuously increases, measured from the point or area in question.
Upper Concentration Limits means ceiling concentrations established for hazardous materials when contained in secondary material intended for beneficial use.
Unsaturated Zone means the zone between the land surface and the nearest saturated zone.
Unstable Area means a location that is susceptible to natural or human-induced events or forces capable of impairing the integrity of some or all of the landfill structural components responsible for preventing releases from a landfill. Unstable areas include, but are not limited to, areas providing inadequate foundation support and areas of mass movement including landslides, avalanches, debris slides and flows, block sliding and rock fall.
Vector means an organism that is capable of transmitting a pathogen from one organism to another including, but not limited to, flies and other insects, rodents, birds, and vermin.
Vegetative Material means plant material.
Water Table means the upper elevation of the surface of the saturated zone.
Watershed means that area defined by 310 CMR 22.00: Drinking Water. As of October 7, 2005 Watershed is defined at 310 CMR 22.00 as follows: the area contained within geomorphic or topographic boundaries of higher elevations which cause surface water and/or groundwater to drain or flow to lower elevations into water used as a public water system source.
Wetlands means any land or water area subject to M.G.L. c. 131, § 40 or resource areas regulated pursuant to 310 CMR 10.00: Wetlands Protection.
White Goods means appliances employing electricity, oil, natural gas or liquified petroleum gas to preserve or cook food; wash or dry clothing, cooking or kitchen utensils or related items; or cool or heat air or water.
Wood means treated and untreated wood, including woodwaste.
Yard Waste means deciduous and coniferous seasonal deposition (e.g., leaves), grass clippings, weeds, hedge clippings, garden materials and brush.
Zone A means that area defined by 310 CMR 22.00: Drinking Water. As of October 7, 2005 Zone A is defined at 310 CMR 22.00 as follows:
(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: Classes and Criteria(3)(a); and (c) the land area within a 200 foot lateral distance from the upper boundary of the bank of a tributary or associated surface water body.
Zone B means that area defined by 310 CMR 22.00: Drinking Water. As of October 7, 2005 Zone B is defined at 310 CMR 22.00 as follows: the land area within 1/2 mile of the upper boundary of the bank of a Class A surface water source, as defined in 314 CMR 4.05(3)(a), or edge of watershed, whichever is less. However, Zone B shall always include the land area within a 400-foot lateral distance from the upper boundary of the bank of the Class A surface water source.
Zone C means that area defined by 310 CMR 22.00: Drinking Water. As of October 7, 2005 Zone C is defined at 310 CMR 22.00 as follows: the land area not designated as Zone A or B within the watershed of a Class A surface water source as defined at 314 CMR 4.05(3)(a).
Zone of Contribution means the recharge area that provides water to a well.
Zone I means that area defined by 310 CMR 22.00: Drinking Water. As of October 7, 2005 Zone I is defined at 310 CMR 22.00 as follows: 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. Tubular wellfields require a 250-foot protective radius. Protective radii for all other public water system wells are determined by the following equation: Zone I radius in feet = (150 x log of pumping rate in gpd) - 350. This equation is equivalent to the chart in the Guidelines and Policies for Public Water Systems. A default Zone I radius or a Zone I radius otherwise computed and determined by the Department shall be applied to transient non-community (TNC) and non-transient non-community (NTNC) wells when there is no metered rate of withdrawal or no approved pumping rate.
Zone II means that area defined by 310 CMR 22.00: Drinking Water. As of October 7, 2005 Zone II is defined at 310 CMR 22.00 as follows: that area of an aquifer which contributes water to a well under the most severe recharge and pumping conditions that can be realistically anticipated (i.e., pumping at the safe yield of the well for 180 days without any natural recharge occurring); it is bounded by the groundwater divides which result from pumping the well and by contact of the edge of the aquifer with less permeable materials such as till and bedrock. At some locations, streams and lakes may form recharge boundaries. For the purposes of 310 CMR 19.000, a Zone II area is one which has been defined and delineated in accordance with the Department's Division of Water Supply Guidelines for Public Water Systems, September, 1984 Supplement to the 1979 edition.
