Section 26A. Unless the context otherwise requires, when used in sections twenty-six to fifty-three, inclusive, the following words shall have the following meanings:
''Abatement facilities'', facilities for the purpose of treating, neutralizing, or stabilizing sewage and such industrial and other wastes as are disposed of by means of the facilities, including treatment or disposal plants, the necessary intercepting, outfall and outlet sewers, pumping stations integral to such facilities and sewers, equipment and furnishings thereof and their appurtenances.
''Board'', the board of certification of operators of wastewater treatment facilities.
''Collection system'', each and all of the common lateral sewers and appurtenances of publicly owned treatment works which are primarily installed to receive wastewaters from individual structures or from private property, and which include service connection ''Y'' fittings and service connections within the boundary of the public way or easement.
''Commissioner'', the commissioner of the department of environmental protection, or his authorized designee.
''Director'', the director of the division of water pollution control, or his authorized delegate or representative.
''District'', a district created pursuant to section twenty-eight.
''District commission'', the governing body of a district.
''Effluent limitation'', a requirement, established under state or federal law, specifying the maximum permissible quantity or concentration of any pollutant that may be present in discharges, or their maximum permissible hydraulic flow, over designated periods of time, to waters of the commonwealth or to a public sewerage system.
''FWPCA'', the Federal Water Pollution Control Act, 33 U.S.C. ยงยง 1251 et sequens, as amended.
''Green infrastructure'', practices involving the management of water, stormwater and wastewater to achieve water quality mandates set forth in the federal Clean Water Act; practices designed using natural or engineered techniques to capture, remove or prevent nutrient, nitrogen and phosphorous loading to any part of a water system including groundwater deposits and discharges to surface waters from septic systems, wastewater treatment facilities and stormwater runoff.
''Green infrastructure projects'', projects which shall include, but shall not be limited to: decentralized wastewater systems that infiltrate treated water; water reuse for other beneficial purposes; low impact development projects; the conservation, enhancement and restoration of natural landscape features that naturally filter and remove silt and pollution from surface waters, maintain or restore natural hydrologic cycles, minimize imperviousness in a watershed through preservation and restoration of natural landscape buffers such as forests, floodplains, wetlands and other natural systems and restoration of natural stream channels; land acquisition and restoration projects that protect and filter drinking water supplies and buffer reservoirs; and the mitigation of risks of flooding and erosion using the restoration of saltmarsh, oyster reefs and eelgrass beds from sea-level rise, storm surges and extreme weather events, including the protection and restoration of natural coastal landscapes; provided, that green infrastructure projects may be stand-alone and shall also be used to complement built water management infrastructure technologies such as pipes, dikes and treatment facilities; and provided, further, that green infrastructure projects may include innovative technologies that further the mandates under the federal Clean Water Act.
''Person'', any agency or political subdivision of the commonwealth, public or private corporation or authority, individual, partnership or association, or other entity, including any officer of a public or private agency or organization, upon whom a duty may be imposed by or pursuant to any provision of sections twenty-six to fifty-three, inclusive.
''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 nonpoint source, which is or may be discharged, drained or otherwise introduced into any sewerage system, treatment works or waters of the commonwealth.
''Priority list'', the ranking, in terms of priority, of projects eligible for funding during a given planning period, which has been established pursuant to the priority system.
''Priority system'', the methodology for rating and ranking projects eligible for grant assistance under sections thirty A and thirty-three of this chapter and for establishing priority lists for those projects.
''Public entity'', any city, town, special district, or other existing governmental unit eligible to receive a grant for the construction of treatment works from the United States Environmental Protection Agency pursuant to Title II of the FWPCA, as amended.
''Treatment works'' and ''facilities'', 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.
''Waters'' and ''waters of the commonwealth'', all waters within the jurisdiction of the commonwealth, including, without limitation, rivers, streams, lakes, ponds, springs, impoundments, estuaries, coastal waters and groundwaters.
Structure Massachusetts General Laws
Part I - Administration of the Government
Title II - Executive and Administrative Officers of the Commonwealth
Chapter 21 - Department of Environmental Management
Section 1 - Department; Natural Resources Defined; Duties; Divisions
Section 2 - Stewardship Council
Section 2a - Members of the Council
Section 2c - Meetings of Council; Joint Meetings With Advisory Board
Section 2d - Members of Council; Holding Other Positions in Department
Section 2e - Compensation of Council Members; Expenses
Section 2g - Oversight Strategy Plans
Section 3 - Commissioner; Directors
Section 3a - Acting Commissioner; Commissioner's Salary
Section 3b - Experts and Other Employees
Section 3c - Annual Budget; Report
Section 3e - Open Space Land Acquisition; Loans to Cities and Towns
Section 3f - Rehabilitation and Improvement of Olmsted Parks
Section 3g - Olmsted Park Improvement Fund
Section 8 - Division of Water Supply Protection
Section 8b - Definitions Applicable to This Section and Secs. 8c and 8d
Section 8c - Increase in Interbasin Transfers of Surface and Groundwater; Approval; Exemption
Section 8d - Rules and Regulations; Criteria for Approval; Hearings; Procedure
Section 9 - Federal Watershed Protection and Flood Prevention Act; Programs
Section 9a - Acquisition of Lands and Waters
Section 9b - Groundwater Survey Program
Section 11 - Employees; Rules and Regulations
Section 12 - Federal Watershed Protection and Flood Prevention Act; Applications for Assistance
Section 13 - Works of Improvement; Assistance From Commonwealth; Conditions
Section 14 - Works of Improvement; Contracting Authority; Agents; Costs
Section 15 - Works of Improvement; Appropriations; Federal, State or Local Funds
Section 17d - Public Removal of Fuel Wood; Landowner's Liability for Injuries
Section 18 - Division of Conservation Services
Section 19 - State Commission for Conservation of Soil, Water and Related Resources; Establishment
Section 22 - Conservation Districts; Supervisors of Districts
Section 23 - Conservation Districts; Supervisors as Governing Body
Section 24 - Conservation Districts; Supervisors' Powers and Duties
Section 25 - Conservation Districts; Inter-District Cooperation
Section 25a - Conservation Districts; Powers
Section 26 - Division of Water Pollution Control
Section 26a - Definitions Applicable to Secs. 26 to 53
Section 27 - Division of Water Pollution Control; Powers and Duties
Section 27a - Water Pollution Abatement Projects; Certification; Financial Assistance; Eligibility
Section 30 - Powers of District Commission
Section 30a - Grants for Construction of Collection Systems
Section 32 - Presentation of Plan to Division; Contents; Approval
Section 33 - Financial Assistance
Section 33a - Financial Assistance in Towns of More Than 20,000 Inhabitants
Section 33c - Action by Director Pursuant to Sec. 33b; Contract for Engineering Reports Authorized
Section 33d - Director Authorized to Order Governmental Units to Construct Facilities
Section 33e - Water Pollution Abatement Projects; Grants
Section 34 - Supervision of Operation and Maintenance of Treatment Works
Section 34b - Evaluation and Certification Program; Application; Certification; Fees
Section 34c - Certification Requirement; Violation; Penalty
Section 35 - General Obligation Serial Bonds or Notes; Temporary Notes; Indebtedness
Section 37 - Reimbursement for Costs of Water Pollution Abatement Project
Section 37a - Program for Preservation and Restoration of Publicly-Owned Lakes and Great Ponds
Section 37b - Aquatic Nuisance Control Program
Section 37c - State Assistance to Municipalities or Agencies for Aquatic Nuisance Control
Section 37d - Priority of Projects
Section 38a - Clean Waters Scholarship Intern Program
Section 40 - Entry Upon Property; Investigation or Inspection; Examination of Records
Section 41 - Recommendations by Water Resources Commission
Section 43 - Permit Proceedings; Regulations; Requirements of Permit; Application; Forms; Fees
Section 43a - Public Notification of Sewage Discharge
Section 44 - Discharge Violations; Orders to Comply
Section 45 - Proposals to Suspend or Revoke Permit; Cease and Desist Orders; Request for Hearing
Section 46 - Injunctive Relief; Jurisdiction
Section 46a - Judicial Review; Jurisdiction
Section 48 - Annual Estimates and Reports
Section 50 - Terminals; Licenses; Inspections
Section 50a - Oil Terminals; Pollution Prevention; Revocation of License
Section 50b - Definitions Applicable to Secs. 50c to 50e
Section 50c - Vessel; Certificate of Financial Assurance
Section 50d - Maritime Spill Incident; Hazardous Materials; Environmental Police Officers
Section 50e - Waters of the Commonwealth; Areas of Special Interest
Section 51 - Coordination With Federal Government and Local Authorities; Agreements
Section 52a - Waste Oil Retention Facilities; Installation and Maintenance
Section 53 - Short Title; Investigation and Prosecution of Violations
Section 53a - Sewer Charges; Base Rate
Section 54 - Division of Mineral Resources
Section 55 - Cooperation With Other Governmental Units; Agreements; Federal and Private Grants
Section 56 - License and Lease Requirements; Violations; Penalties; Enforcement
Section 59 - Watershed Preservation Restrictions Program
Section 60 - Watershed Lands Preservation Committee
Section 61 - Watershed Preservation Restrictions Program; Annual Report
Section 62 - Watershed Preservation Restrictions; Tax Assessment
Section 63 - Surveys, Soundings, Drillings or Examinations
Section 64 - Annual Report on Dams
Section 66 - Interagency Support for Duties Under Secs. 64 and 65 and Secs. 44 to 48b of Chapter 253