Code of Massachusetts Regulations
310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION
Title 310 CMR 70.00 - Environmental Results Program Certification
Section 70.02 - Definitions

The definitions found in 310 CMR 70.02 are for use only in the compliance certification requirements contained in 310 CMR 70.00 and are not intended to replace the definitions of those terms in the underlying standards.

Certification means the certification form as prescribed by the Department pursuant to 310 CMR 70.03(2), which includes the certification statement requirements pursuant to 310 CMR 70.03(2).

Department means the Massachusetts Department of Environmental Protection.

Environmental Results Program (ERP) Facility or Unit means one of the following:

(a) a dry cleaner subject to 310 CMR 7.26(10) through (16);

(b) a photo processor subject to 310 CMR 71.00: Industrial Wastewater Regulations for Photo Processors;

(c) a printer as defined in 310 CMR 7.26(22): Printer;

(d) a boiler subject to 310 CMR 7.26(30) through (37);

(e) an engine or combustion turbine subject to 310 CMR 7.26(40) through (44);

(f) a dental facility subject to 310 CMR 73.00: Amalgam Wastewater and Recycling Regulations for Dental Facilities;

(g) an industrial wastewater holding tank subject to 314 CMR 18.00: Industrial Wastewater Holding Tank and Container Construction, Operation, and Record Keeping Requirements.

(h) a scrap recycling facility, vehicle recycler or vehicle manufacturer subject to 310 CMR 74.00: Removal and Recycling of Mercury-added Components in Vehicles;

(i) a manufacturer of a mercury-added product subject to 310 CMR 75.00: Collection and Recycling, Labeling, and Sales Ban of Mercury-added Products;

(j) a manufacturer of mercury-added lamps subject to 310 CMR 75.00: Collection and Recycling, Labeling, and Sales Ban of Mercury-added Products; or

(k) an underground storage tank system subject to 310 CMR 80.00: Underground Storage Tank (UST) Operator Training.

ERP Sector means all ERP facilities or units of one type, with the exception of printers where the certification requirements for very small printers differ from those of other printers as defined in 310 CMR 7.26(22): Definitions.

Operator means the person responsible for the over-all operation of an ERP facility or unit.

Owner means any person who has legal or equitable ownership, alone or with others, of an ERP facility or unit, including, but not limited to, any agent, executor, administrator, trustee, lessee, or guardian of the estate for the holder of legal title.

Person means any individual, partnership, corporation, syndicate, company, firm, association, authority, department, bureau, trust or group including, but not limited to, a city, town, county, the Commonwealth and its agencies, and the federal government.

Responsible Official is one of the following:

(a) For a corporation: a president, secretary, treasurer, or a vice-president of the corporation in charge of a principal business function who has been duly authorized pursuant to a corporate vote, or a representative of the corporation who has been duly authorized pursuant to a corporate vote provided the representative is responsible for the overall operation of the facility or unit;

(b) For a partnership: a general partner with the authority to bind the partnership or the proprietor, respectively;

(c) For a sole proprietorship; the sole proprietor;

(d) For a municipality, state, federal, or other public agency including any legislatively created authority, board, commission, district, etc.: either a principal executive officer or ranking elected official who is empowered to enter into contracts on behalf of the municipality or public agency.

Standards means those requirements listed in the certification form referred to in 310 CMR 70.03(2), including but not limited to 310 CMR 7.00: Air Pollution Control, 30.00: Hazardous Waste, 71.00: Industrial Wastewater Regulations for Photo Processors, 72.00: Industrial Wastewater Standard for Dry Cleaners, 73.00: Amalgam Wastewater and Recycling Regulations for Dental Facilities, 74.00: Removal and Recycling of Mercury-added Components in Vehicles, 75.00: Collection, Recycling, Labeling, and Sales Ban of Mercury-added Products, 314 CMR 3.00: Surface Water Discharge Permit Program, 5.00: Ground Water Discharge Permit Program, or 12.00: Operation and Maintenance and Pretreatment Standards for Wastewater Treatment Works and Indirect Dischargers, requirements contained in NESHAP's (40 CFR Part 61 Subparts, and Part 63) or NSPS's (40 CFR Part 60 Subparts) that have been delegated to Massachusetts, and the terms and conditions of any permits issued pursuant to any of those regulations.