Code of Massachusetts Regulations
314 CMR - DIVISION OF WATER POLLUTION CONTROL
Title 314 CMR 16.00 - Notification Requirements to Promote Public Awareness of Sewage Pollution
Section 16.02 - Definition
Current through Register 1531, September 27, 2024
The following words shall have the following meaning in 314 CMR 16.00, unless the context clearly indicates otherwise:
Blended Wastewater. Wastewater conveyed to a Publicly Owned Treatment Works (POTW) receiving flows from combined sewer systems which is, in part, intentionally diverted around secondary treatment units during wet weather conditions, and then recombined with flows from the secondary treatment units, as a measure to minimize and mitigate water quality impacts of discharges of combined sewer overflows, and to prevent adverse impacts to the secondary treatment facilities. For the purposes of 314 CMR 16.00, blended wastewater is considered to be a type of partially treated wastewater.
Combined Public Advisory Notification. The issuance of a single communication to inform the public that more than one of a permittee's outfalls are discharging to the same water body or waterway.
Combined Sewer Overflow or CSO. Any discharge of untreated or partially treated wastewater to a surface water of the Commonwealth, from an outfall that is connected to a combined sewer system.
Combined Sewer System. A sewer system designed to collect and convey storm water runoff and wastewater in shared piping.
Commissioner. The Commissioner of the Department of Environmental Protection or his or her designee.
Department. The Department of Environmental Protection.
Discharge or Discharging. A release or diversion of sewage, industrial waste or other effluent, which is untreated or partially treated, including from a combined sewer system overflow, that is emitted from an outfall directly or indirectly into surface waters of the Commonwealth.
Discovery. The time when a permittee obtains actual knowledge, or when a person acting in a reasonably prudent manner would have obtained such knowledge, based on the facts and circumstances surrounding a particular event. In determining whether a person has acted in a reasonably prudent manner, any specialized knowledge or training possessed by that person and the circumstances surrounding the fact or facts in question shall be taken into account.
Diversion. The intentional redirection of wastewater flows to a surface water of the Commonwealth, including through means other than an outfall.
Environmental Justice Population. A neighborhood that meets one or more of the following criteria:
(a) the annual median household income is not more than 65% of the statewide annual median household income;
(b) minorities comprise 40% or more of the population;
(c) 25% or more of households lack English language proficiency;
(d) minorities comprise 25% household income of the municipality in which the neighborhood is located does not exceed 150% household income; or
(e) a neighborhood designated by the Secretary of the Executive Office of Energy and Environmental Affairs (EOEEA) as an environmental justice population in accordance with the EOEEA 2017 Environmental Justice Policy (2021 Update). Neighborhoods are identified in the MassGIS Environmental Justice Viewer.
EPA. The United States Environmental Protection Agency.
Model. A mathematical tool used to simulate various outcomes for the purpose of planning, analysis, and design of a system.
NPDES. The National Pollutant Discharge Elimination System permit program established by 33 U.S.C. § 1342, which regulates point source discharges of pollutants to surface waters of the United States.
Outfall. An outlet designed for the purpose of allowing a discharge that is part of, or connected to, a combined sewer system, sanitary sewer system, or treatment works, including a connection to any such system or facility intended to allow wastewater to divert or bypass treatment by a wastewater treatment facility.
Partially Treated. A discharge through an outfall from a treatment works where all or a portion of the flow is not conveyed through all treatment units, or where treatment units are bypassed due to a treatment unit failure. Discharges by permittees that utilize seasonal treatment, such as seasonal disinfection, are not considered partially treated provided the permittee is operating its treatment in compliance with its NPDES and surface water discharge permits. Where a treatment works is designed, constructed, and operated only to treat flows from a combined sewer system prior to discharge through a permitted combined sewer overflow, such discharges shall in all cases be deemed as partially treated. For the purposes of 314 CMR 16.00, blended wastewater is considered to be a type of partially treated wastewater.
Permittee. A person granted a permit under M.G.L. c. 21, § 43, and 314 CMR 3.00: Surface Water Discharge Permit Program, or the NPDES permit program, to operate and maintain a particular outlet for the discharge of pollutants into surface waters of the Commonwealth; a person operating a sewer system; or a person discharging pollutants from an outlet without a required permit or in violation of the conditions of a valid permit.
Pollutant. Any element or property of sewage, agricultural, industrial, or commercial waste, runoff, leachate, heated effluent, or other matter, in whatever form and whether originating at a point or major non-point source, which is or may be discharged, drained, or otherwise introduced into any sewerage system, treatment works, or surface waters of the Commonwealth.
Public Advisory Notification or Notification. The communication a permittee must provide to inform the public of certain discharges or overflows of untreated or partially treated wastewater.
Publicly Owned Treatment Works or POTW . 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.
Reverse 911 Emergency Call System. A public safety communications technology used by municipalities to deliver emergency notifications to its residents through recorded messages, text messages, or email.
Sanitary Sewer Overflow or SSO. Any overflow, spill, release, discharge or diversion of untreated or partially treated wastewater from a sanitary sewer system. The discharge or overflow of sewage into a building is not considered an SSO under 314 CMR 16.00.
Sewer System. Pipelines or conduits, pumping stations, force mains, and all other structures, devices, appurtenances, and facilities used for collecting and conveying wastewater to a wastewater treatment facility.
Surface Water Discharge Permit. A permit issued by the Department, pursuant to M.G.L. c. 21 § 43, and 314 CMR 3.00: Surface Water Discharge Permit Program, that regulates discharges of pollutants to surface waters of the Commonwealth.
Treatment Works. Any and all devices, processes and properties, real or personal, used in the collection, pumping, transmission, storage, treatment, disposal, recycling, reclamation or reuse of waterborne pollutants, but not including any works receiving a hazardous waste from off the site of the works for the purpose of treatment, storage or disposal.
Wastewater. Sewage, industrial waste, other wastes, or any combination of the three.
Wastewater Treatment Facility. Any device, process or property, real or personal, used in the collection, pumping, transmission, storage, treatment, and disposal of waterborne pollutants.
