Section 12B Definitions - Massachusetts Statutes

Section 12B. As used in sections twelve A to eighteen, inclusive, the following words shall have the following meanings:

“Act”, the Massachusetts Ocean Sanctuaries Act.

“Adjudicatory hearing”, a hearing conducted pursuant to sections nine, ten, ten A, eleven and twelve of chapter thirty A.

“Applicant”, any city, town, district, county or authority which has the legal ability to implement alternative forms of wastewater disposal, including land application, and which applies for a variance pursuant to the Act.

“Coastal embayment”, coastal or marine waters that have a restricted opening to the ocean due at least in part to the formation of a barrier beach.

“Director”, the director of coastal zone management.

“Environmental impact report”, an environmental impact report prepared pursuant to the Massachusetts Environmental Policy Act, sections sixty-one to sixty-two H, inclusive, of chapter thirty.

“Estuary”, a semi-enclosed body of water which has a free connection with the open sea, within which sea water is measurably diluted with fresh water derived from outflowing fresh water rivers.

“Existing discharge”, a municipal, commercial or industrial discharge at the volume and locations authorized by the appropriate federal and state agencies on July fifteenth, nineteen hundred and seventy, in the case of the Cape Cod Ocean Sanctuary; on December eighth, nineteen hundred and seventy-one, in the case of the Cape Cod Bay and Cape and Islands Ocean Sanctuary; on June twenty-seventh, nineteen hundred and seventy-two in the case of the North Shore Ocean Sanctuary; and on December thirtieth, nineteen hundred and seventy-six, in the case of the South Essex Ocean Sanctuary.

“Facilities plan”, a plan which satisfies the planning requirements applicable to applicants for federal grants for the construction of publicly owned wastewater treatment works, as determined by the division of water pollution control.

“Office”, office of coastal zone management.

“Person”, any agency or political subdivision of the federal government or the 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.

“Proposed discharge”, an increase in volume or change in location of an existing discharge from a publicly owned treatment plant or combined sewer system.

“Publicly owned treatment plant”, a sewage or septage treatment plant owned by a public entity.