The following terms as used in 310 CMR 33.00 shall have the following meanings, unless otherwise specified:

Community resident shall mean any resident of a municipality in which an employer manufactures, processes, uses or stores toxic or hazardous substances as defined in 310 CMR 33.02.

Critical shall mean vital or indispensable for the adequate solution, overcoming, or managing of a crisis.

The Department shall mean the Commissioner of the Department of Environmental Protection or his designee.

Essential shall mean necessary or indispensable to.

Frivolous shall mean lacking in substance or serious intent.

Immediate access shall mean access within 24 hours or access during the period of an on-going emergency or crisis situation.

Imminent threat to public health or safety shall mean a situation which poses a risk of endangering the health or safety of the public or portion thereof, and which calls for prompt response to eliminate, reduce, or counter such risk.

Material safety data sheet or MSDS shall mean the written document which sets forth the following for a toxic or hazardous substance:

1. (a) The chemical name, any common names, and the CAS number of the toxic or hazardous substance.

2. (b) The hazards or other risks in the use of the toxic or hazardous substance, including:

   1. 1. the potential for fire, explosion, corrosivity, and reactivity;
   2. 2. the acute and chronic health effects of risks from exposure; including the medical conditions that might be aggravated by exposure; and
   3. 3. the potential routes of exposure and symptoms of overexposure.
3. (c) The proper precautions, handling practices, necessary personal protective equipment, and other safety precautions in the use of or exposure to the toxic or hazardous substances, including appropriate emergency treatment in case of overexposure at hazardous levels.
4. (d) The emergency procedures for spills, fire, disposal and first aid.
5. (e) A description in lay terms, of the specific potential health risks posed by the toxic or hazardous substance intended to alert any person reading this information, including but not limited to carcinogenic, mutagenic, teratogenic, or neurotoxic effects, for substances so designated on the Massachusetts substance list, pursuant to M.G.L. c. 111F, § 4(c).
6. (f) The month and year that the information was compiled and the name, address, and emergency telephone number of the manufacturer responsible for preparing the information.

Municipal coordinator shall mean the fire chief, fire commissioner, public health commissioner or public health officer, or member of the suant to M.G.L. c. 111F, § 1 and 310 CMR 33.03, or an acting municipal coordinator so designated.

Performance of a duty to protect public health and safety shall mean any action, including monitoring or investigation to determine whether other action is necessary, taken by a duly-constituted agency of the Commonwealth or political subdivision thereof; with the purpose of fulfilling (in whole or in part) any responsibility assigned by statue, regulation, ordinance, or by-law to provide, maintain, preserve, or safeguard safe or healthful conditions for the public, or to eliminate, reduce, or prevent threats to the health and safety of the public or portion thereof.

Public health officer shall mean a paid health agent or a member of the board of health.

Reason to believe shall mean an intelligible and articulated grounds for holding an opinion.

State agency shall mean an agency, authority, board, commission, department, or office of the Commonwealth or any county or district thereof.

Toxic or hazardous substance shall mean any chemical substance or mixture of substances in a gaseous, liquid or solid state which is listed in the Massachusetts substance list compiled in compliance with the provisions of M.G.L. c. 111F, § 4, and which is manufactured, processed, used or stored in the workplace, but which shall not include alcoholic beverages as defined in M.G.L. c. 138, § 1, or articles intended for personal consumption by employees in the workplace, or consumer articles packaged for distribution to, and used by, the general public, or articles sold or used in retail food establishments and all other retail trade establishments, exclusive of articles used in processing and repair areas, or substances being transported in interstate commerce.

Willful or intentional violation shall mean any deliberate, intentional, or purposeful violation of M.G.L. c. 111F or regulations promulgated thereunder.

Wrongful violation shall mean any violation of M.G.L. c. 111F or of regulations promulgated thereunder, other than a willful or intentional violation.