5101 DEF United States Environmental Protection Agency Office of Water Regulations and Standards Washington, DC 20460 October 1980 810R80105 Water i&EPA Definitions Water Quality Standards Criteria Summaries A Compilation of State/Federal Criteria ------- ------- DEFINITIONS Water Quality Standards Criteria Summaries A Compilation of State/Federal Criteria October 1980 U. S. Environmental Protection Agency Office of Water Regulations and Standards Washington, D. C. 20460 Chi«*o> Illinois £060* ------- ------- NATIONAL SUMMARY OF STATE WATER QUALITY STANDARDS DEFINITIONS OCTOBER, 1980 PREPARED FOR UNITED STATES ENVIRONMENTAL PROTECTION AGENCY CRITERIA AND STANDARDS DIVISION 401 M STREET, S. W. WASHINGTON, D. C. 20460 PREPARED BY NALESNIK ASSOCIATES INCORPORATED 505 ELEVENTH STREET, S. E. WASHINGTON, D. C. 20003 Contract Number 68-01-6058 Project Number WA-80-A055 ------- INTRODUCTION This digest is compiled to provide general information to the public as well as to Federal, State, and local officials. It contains excerpts from the individual Federal-State water quality standards establishing pollutant specific criteria for interstate surface waters. The water quality standards program is implemented by the U. S. Environmental Protection Agency where responsibility for providing water quality recommendations, approving State-adopted standards for interstate waters, evaluating adherence to the standards, and overseeing enforcement of standards compliance, has been mandated by Congress. Standards, a nationwide strategy for surface water quality management, contain three major elements: the use (recreation, drinking water, fish and wildlife propagation, industrial, or agricultural) to be made of the navigable water; criteria to protect these uses; and an antidegradation statement to protect existing high quality waters, from degradation by the addition of pollutants. Water quality criteria (numerical or narrative specifications) for physical, chemical, temperature, and biological constituents are stated in the July 1976 U. S. Environmental Protection Agency publication Quality Criteria for Water (QCW), available from the Government Printing Office, Washington, D. C. The 1976 QCW, commonly referred to as the "Red Book," is the most current compilation of scientific information used by the Agency as a basis for assessing water quality. This publication is subject to periodic updating and revisions in light of new scientific and technical information. This digest is a compilation of key terms and definitions which are employed by a given state in implementing its Water Quality Standards program. The under- standing of these terms and definitions has become increasingly important as more public and local government interests focus on the attainability of goals outlined by Clean Water Act. Increased importance is also given to these terms as more inter- state program coordination is accomplished. Since water quality standards experience revisions and upgrading from time to time, following procedures set forth in the Clean Water Act, individual entries in this digest may be superseded. As these revisions are accomplished and allowing for the States to revise their standards accordingly, this digest will be updated and reissued. Because this publication is not intended for use other than as a general information resource, to obtain the latest information and for special purposes and applications, the reader needs to refer to the current approved water quality standards. These can be obtained from the State water pollution control agencies or the EPA or Regional Offices. Individual State-adopted definitions follow: ------- REFERENCES A California Water Quality Standards by River Basins, c.a. 1975 For more detailed information on selected basins, sub-basins and stretches of streams and coastal areas refer to California State Water Quality Standards. Delaware Water Quality Standards, March 25, 1979 C Idaho Water Quality Standards, c.a. September, 1979 Missouri Water Quality Standards, c.a. February, 1978 p American Samoa Water Quality Standards, Revised July, 1973 F Territory of Guam Water Quality Standards, Sept. 1975 /~i Trust Territory of the Pacific Islands Water Quality Standards, October 21, 1973 H Virgin Islands Water Quality Standards, Aug. 1973 ENVIRONMENT REPORTER, The Bureau of National Affairs, Inc. Washington, D. C. 20037 1 Pages 701:0501-0509, February 16, 1979 2 Pages 706:1004-1008, July 20, 1979 3 Pages 711:0542-0544, August 5, 1977 4 Pages 716:0603, March 26, 1976 5 Pages 726:1005, 1011-1013, March 7, 1980 Basic Water Quality Standards adopted May 22, 1979, have not yet been submitted to EPA for formal approval. 6 Pages 731:1002-1009, September 8, 1978 7 Pages 746:1008-1014, October 19, 1979 8 Pages 751:0504-0505, January 25, 1980 9 Pages 765:0512-0515, January 30, 1976 10 Page 761:0503-0504, 1973 ------- 11 Page 766:0504-0509, October 5, 1979 12 Pages 771:0502-0504, September 29, 1978 13 Pages 776:0504-0506, April 10, 1979 14 Pages 781:0501-0502, May 18, 1979 15 Pages 786:0501-0502, August 29, 1975 16 Page 791:0583, May 26, 1978 17 Pages 796:0103-0108, February 16, 1979 18 Pages 801:1001-1002, Sept. 29, 1978 1 Q Page 806:1003, March 30, 1979 90 Page 811:1043, 1974 21 Pages 816:0602-0607, 0642-0648, 1974 99 Pages 821:0502-0505, June 30, 1978 00 Pages 831:0501-0510, February 21, 1975 94 Page 836:0502, June 30, 1978 OR Pages 841:0507-0537, December 7, 1979 26 Pages 846:0501-0508, November 17, 1978 97 Pages 851:1001-1023, December 15, 1978 00 Pages 856:1001-1002, July 18, 1978 oq Pages 861:1002-1007, August 11, 1979 on Pages 866:1004-1009, December 28, 1979 31 Pages 871:0501-0506, November 25, 1977 30 Pages 876:1001-1043, May 26, 1978 Q-5 Pages 881:1001-1007, September 21, 1979 Q4 Pages 886:0513-0524, August 29, 1975 QCL Pages 891:1001-1129, November 16, 1979 ------- oc Pages 901:0501-0505, November 3, 1978 "\1 Pages 906:0501-0506, October 13, 1978 00 Pages 911:0501-0507, June 22, 1979 Q0 Pages 916:0541-0544, April 14, 1978 4f) Pages 921:1001-1003, August 13, 1976 41 Pages 926:0541-0563, January 26, 1979 49 Pages 931:0501-0508, May 26, 1978 4Q Pages 936:1001-1003, June 27, 1975 44 Pages 941:1001-1005, May 26, 1978 4^ Pages 946:0501-0520, July 14, 1978 46 Pages 951:1002-1003, April 28, 1978 7 Pages 956:1001-1007, January 11, 1980 48 Page 741:1002, November 23, 1979 49 Pages 896:0301-0310, March 31, 1978 ------- DEFINITIONS State Alabama Alaska" a. State Waters means all waters of any river, stream, watercourse, pond, lake, coastal, ground or surface water, wholly or partially within the state. b. Sewage means water-carried human wastes from residences, building, industrial establishments or other places including, but not limited to, any vessels, or other conveyances traveling or using the waters of this state, together with such ground, surface, storm or other waters as may be present. c. Industrial Wastes means liquid or other wastes resulting from any process of industry, manufacture, trade or business or from the development of natural resources. d. Other Wastes means all other substances, whether liquid, gaseous or solid, from all other sources including, but not limited to, any vessels, or other conveyances traveling or using the waters of this state, except industrial wastes or sewage, which may cause pollution of any waters of the state. e. Commission means the Water Improvement Commission: and "member" means a member of said Commission. (1) "acute" means severe but of short duration with respect to constituent toxicity of disease: (2) "anadromous fish" means those fish which spend a portion of their lives in both fresh and salt waters, including the five species of Pacific salmon, Dolly Varden, rainbow trout (steelhead), sea-run cut throat trout, arctic char, sheefish and whitefish; (3) "aquaculture" means the regulation and cultivation of water plants or animals for human use or consumption; (4) "boundary" means any line or landmark which serves to clarify, outline, or mark a limit, border, or interface; (5) central office" means the central office of the Alaska Department of Environmental Conservation, Pouch O, Juneau, Alaska 99811; i (6) '/Clean Water Act" means the Federal Water Pollution Control Act (commonly refered to as the Clean Water Act (P.L.92-500, as amended by P.L. 95-217) 33 U.S.C. Sec. 1251 et seq.); (7) "chronic" means lasting a long time or recurring often with respect to constituent toxicity or disease. ------- Alaska (con't) (8) "color" means that condition of water which results in the visual sensations of hue and intensity; apparent color is the condition of water due to both substances in solution and due to suspended matter; color is measured in water after the turbidity is removed; (9) "commissioner" means the commissioner of environmental conser- vation; (10) "compensation point for photosynthetic activity" means that point at which incident light penetration is sufficient for plankton to photosynthetically produce enough oxygen to balance their respi- ration requirements; (11) "contact recreation" means activities in which there is direct and intimate contact with water; examples of primary contact recreation include wading and dabbling, swimming, diving, water skiing, surfing and any intimate contact with water directly associated with shore- line activities. (12) "criterion" means a designated concentration or limit of a constituent that, when not exceeded, will protect an organism, an organism community, or a prescribed water use or quality with a reasonable degree of safety; a criterion, in some cases, may be a narrative statement instead of a numerical constituent concentration or limit; (13) "department" means the Alaska Department of Environmental Conservation; (14) "dissolved oxygen" means the solubility of oxygen in water as determined either by the Winkler (iodometric) method and its modifi- cations or by the Membrane Electrode Method; (15) "effluent" means that segment of a wastewater stream imme- diately following the final step in any treatment process but before the wastewater stream is discharged to the receiving environment; (16) "fecal coliform bacteria" means those bacteria that can ferment lactose at 44.5 degree plus or minus 0.2 degree C to produce gas in a multiple tube procedure; fecal coliform bacteria also means all organisms which produce blue colonies within 24 plus or minus hours of incubation at 44.5 degree plus or minum 0.2 degree C in an M-FC broth medium. (17) "fish" means any of the group of cold-blooded vertebrate animals living in water, and having permanent gills for breathing and fins for locomotion; (18) "Grain Size Accumulation Graph" means the graph of the sediment sieving results where the logarithm of the size (millimeters) is plotted on the horizontal axis and percent accumulation by weight is plotted in the linear scale on a vertical axis; - 2- ------- Alaska (con't) (19) "groundwater" means water is in the zone of saturation, which is the zone below the water table, in which all interstices are filled with water; (20) "industrial use" means any water supply used in association with a manufacturing or production enterprise (other than food processing) including mining, placer mining, energy production or development. (21) "lake" means an inland body of water, fresh or salt, of. substantial size, occupying a basin or hollow in the earth's surface, which may or may not have a current or single direction of flow; (22) "LCcn" means the median lethal concentration of a toxicant; it is the concentration which is lethal to fifty percent of the organisms tested under conditions outlined by the department in a specified time; "LCrn means the same as tolerance limit TLM, or TL^; (23) "mean" means the average of values obtained over a specified period of time; for fecal coliforn determination the mean shall be computed as the logarithmic mean; (24) "micrograms per liter" (ug/1) means the concentration at which 1 millionth of a gram (10- g) is contained in a volume of 1 liter; there are 453.59 grams in a pound; (25) "milligram,, per liter" (mg/1) means the concentration at which 1 milligram (10- g) is contained in a volume of 1 liter; it is approxi- mately equivalent to the unit parts per million (ppm), formerly of common use; (26) "mixing zone" means the area continguous to a discharge or to an activity in the water, where a receiving water may not meet all the water quality standards; wastes and water are given an area to mix such that the water quality standards are met at the boundaries of the mixing zone; (27) "most probable number" (MPN) means the statistically deter- mined number which represents the number of individuals most likely present in a given sample or a liquor, based on test data. (28) "natural condition" means those conditions physical, chemical, biological, or radiological which exist(ed) in a water before any man induced discharge into the water or any activity of man resulting in addition of material into the water; (29) "oil and grease" means oil and grease as defined by the procedure used; see sec. 20(c) of this chapter for analytical procedures; (30) "pH" means the negative logarithm of the hydrogen-ion activity concentration when expressed as moles per liter; PH = ~log10 (H+); - 3- ------- Alaska (con't) (31) "pollution" means the contamination or altering of waters, land or subsurface land of the state in a manner which creates a nuisance or makes waters, land or subsurface land unclean, or noxious, or impure, or unfit so that they are actually or potentially harmful or detrimental or injurious to public health, safety or welfare, to domestic, commercial, industrial, or recreational use, or to livestock, wild animals, birds, fish or other aquatic life; (32) "residues" means floating solids, debris, sludge deposits, foam, scum or any other materials or substances remaining in a water body as a result of a direct or proximate activity of man; (33) "secondary recreation" means recreation activities in which water use is incidental, accidental or sensory, and includes fishing, boating, camping, hunting, hiking and vacationing; (34) "sediment" means solid material or organic or miniral origin that is transported by, suspended in, or deposited from water; it includes chemical and biochemical precipitates and organic material such as humus; (35) "sheen" means an irridescent appearance on the surface of the water; (36) "sodium absorption ratio" (SAR) means the estimate of the degree to which sodium will be absorbed in soil from a given water, as proposed by the U. S. Salinity Laboratory, U. S. Department of Agriculture, Handbook 60, expressed as the quotient of the sodium ion concentration and the square root of one-half the sum of the calcium and magnesium ion concentrations. (37) "spawning" means the process of producing, emitting or depo- siting eggs, sperm, seed, germ, larvae, young or juveniles, especially in large numbers by aquatic life, including fish, shellfish, amphibians, mollusks and crustaceans; (38) "thermocline" means the layer of water between a warmer, surface zone and a colder, deep-water zone in a thermally stratified body of water, in which the water temperature decreases rapidly with depth; (39) "total aromatic hydrocarbon" (TAH) means those water accom- modated compounds having at least one aromatic ring and includes the following functional groups; oxyaromatics, heterocyclic corn- pounds, benzene family mononuclear aromatics, and polynuclear aromatic hydrocarbons; (40) "total hydrocarbons" (TH) means those compounds measured using Gruenfields IR partition infrared methods; as specified in the 14th Edition of Standards Methods for the Examination of Waste- water (method 502 B); samples collected in marine waters for Th -4- ------- Alaska (con't) analysis shall be taken within one meter of the surface and below any observable surface slip sheen or fresh water lens; sample collected in fresh waters shall be taken immediately below the surface of the water and below any observable surface clip sheen; (41) "toxic substances" means those materials, or combinations of materials, including disease-causing agents which after discharge and upon exposure, ingestion, inhalation or assimilation into any organism, either directly from the environment or indirectly by ingestion through food chains, will, on the basis of information available, cause death, disease, behavioral abnormalities, malignancy, genetic mutation, physiological abnormalities (including malfunctions in reproduction) or physical deformations, in affected organisms or their offspring; the term includes the following substances, and any other substance identified as a toxic pollutant under sec. 307 (a) of the Clean Water Act of 1977 (33 U.S.C. sec. 466 et seq.); Aldrin/Dieldrin; Arsenic; Benzidine; Carbon tetrachloride; Cadmium; Dichlorobenzidine; Chlorinated ethanes; Chloroform; Chromium; Demeton; Dichloroethylenes; Dinitrotoluene; Fluoranthene; Diphenyl- hydrazine; Endrin; Hexachlorocyclopentadiene; Ethylbenzene; Lin- dane; Mercury, Nickel, Nitrobenzene; Napthalene; Silver; Vinyl Chlo- ride; Acenaphthene; Antimony, Chlorinated benzenes; Chloroalkyl ethers; DDT; Dichloropropane and Dichloropropene; Halomethanes; Malathion; Tetrachloroethylene; Trichoroethylene; Polynuclear aro- matic hydrocarbons; Endosulfan; Mirex; Pentachlorophenol; Phenol; Acrylonitrile; Asbestos; Benzene, Beryllium; Chlorinated Naphtha- lene; 2-Chlorophenol; Chlorophenols; Chlorophenoxy herbicides; Bya- nide; 2,4-Dichloraphenol, Acrolein; Cloradane; Nitrosamines; Copper; dichlorobenzenes; Guthion; Haloethers; Heptachlor; Hexachloro- butadiene; Hexachlorocyclohexane; Isophorone; Lead; Methoxychlor; nitrophenols; Parathion; Phtalate Esters; PCB's; Selenium, P-Dioxin; Thallium, Toluene; Toxaphene; Zinc, 2,4-dimethylphenol; (42) "turbidity" means an expression of the optical property that causes light to be scattered and absorbed rather than transmitted in straight lines through a water sample; turbidity in water is caused by the presence of suspended matter such as clay, silt, finely divided organic and inorganic matter, plankton, and other microscopic organisms; (43) "waters" means lakes, bays, sounds, ponds, impounding reservoirs, springs, wells, rivers, streams, creeks, estuaries, marshes, inlet, straits, passages, canals, the Pacific Ocean, Gulf of Alaska, Bering Sea and Arctic Ocean in the territorial limits of the state, and all other bodies of surface or underground water, natural or artificial, public or private, inland or coastal, fresh or salt, which are wholly or partially in or bordering upon the state or under jurisdiction of the state; "waters" does not include ponds, lagoons or parts of waste- water treatment systems which are lined or constructed in such a manner that seepage into the ground is not allowed; - 5- ------- Alaska (con't) Arizona1 Arkansas A California Colorado1 (44) "water recreation" means contact recreation and/or secondary recreation as defined in this section; (45) "water supply" means any of the waters of the state which are designated to be protected for fresh water or marine water uses including waters used for drinking, culinary, food processing, agricul- tural, aquacultural, seafood processing, and industrial purposes; (46) "wildlife" m^ans all species of mannals, birds, reptiles and amphibians. 1. "Cold water fishery" means waters having an environment suitable for salmonids. 2. "Fecal coliform" means those bacteria of the coliforn group which give positive results from tests performed, as guided by the document, "Standard Methods for the Examination of Water and Waste water". 3. "Mg/1" means milligrams per liter of water. 4. "pH" means the reciprocal of the logarithm of the hydrogen-ion activity. 5. "Surface water" means waters of the state but excludes ground water as defined in A.R.S. 145-301. 6. "Warm water fishery" means waters having an environment suit- able for all species of fish other than salmonicfe. B. All terms defined in A.R.S. 1 36-1851 are applicable when used in these standards. Not specified See State Standards for specific definitions. (1) "ACT" means the Colorado Water Quality Control Act, C.R.S. 1973, 25-8-101 etseq., as amended. (2) "ANTIDEGRADATION STANDARD" means; the standard esta- blished in Section 3.1.8. (3) "BASIC STANDARDS" means those standards as established in Section 3.1.11. (4) "BENEFICIAL USES" means those ues of the waters of the State to be protected such as those identified in the classification system. (5) "BMP" (Best Management Practices) means a practice or a combination of practices that is determined by a governmental - 6- ------- Colorado (con't) agency after problem asessment, examination of alternative practices, and appropriate public participation, to be the most effective, practicable (including technological, economic, and institu- tional considerations) means of preventing or reducing the amount of pollution generated by nonpoint sources to a level compatible with quality goals. (6) "COMMISSION" means the Colorado Water Quality Control Commission. (7) "DIVISION" means the Division of Administration of the Colorado Department of Health of which the Water Quality Contraol Division is a part. (8) "FEDERAL ACT" means the Clean Water Act, U.S.C. Section 1251 etseq., as amended. (9) "LC-50" means the concentration of a parameter that is lethal to 50% of the test organisms within a defined time period. (10) "MIXING ZONE" means that area of a water body designated on a case-by-case basis by the Division which is contiguous to a point source and in which standards may not apply. (11) "NUMERIC VALUE" means the measured concentration of a parameter. (12) "PARAMETER" means the chemical constituents or other characteristics of the water such as algae, fecal coliform, total dissolved solids, dissolved oxygen, or the magnitude of radioactivity levels, temperature, pH, and turbidity, or other relevant characteristics. (13) "PERMIT" means a National Pollutant Discharge Elimination System (NPDES) permit or other state water quality permit. (14) "SALINITY" means total dissolved solids (TDS). (15) "STANDARD" means a narrative and/or numeric restriction established by the Commission applied to waters of the State to protect one or more beneficial uses of such waters. Whenever only numeric or only narrative standards are intended, the wording shall specifically designate which is intended. (16) "TABLES" means Tables I, II, III, and IV appended to the Regulations, which set forth accepted levels for various parameters which will generally protect the beneficial uses of the waters of the State. These Tables are not adopted as regulations. (17) "USES" - see Beneficial uses. -7- ------- Colorado (con't) Connecticut r» Delaware (18) "WATERS OF THE STATE" means any and all surface and subsurface waters which are contained in or flow in or through this State except waters in sewage system, waters in treatment works of disposal systems, waters in potable water distribution systems, and all water withdrawn for use until use and treatment have been completed. "Waters of the State", "waters", "State waters", and "water bodies" are used interchangeably and mean surface and groundwaters of Colorado coming under the above definition. When- ever only surface or only groundwater is intended, the wording shall specifically designate which is intended. (19) "WATER QUALITY STANDARD" means standard. Not specified Agiculture: The use of land in the production of food, fibre, and timber products. Anadromous Fish: Any species of fish which mature in the sea, and migrate upstream to spawn. Antidegradation: Any action or plan of action which stops or reverses the lowering of water quality. Department: Department, of Natural Resources and Environmental Control. Degradation: Any adverse change in water quality. Designated Water uses: Primary assignment for a stream segment as set forth by the Department herein at Section 8. Drainage: The process of reducing the amount of water from the soil. Fish, Aquatic Life & Wildlife: All animal life found in Delaware, either indigenous or migratory, considered game or not, including any and all endangered species and eggs thereof. Food Web: The complex feeding relationships between ail species. High Quality Waters: Waters whole quality as determined by the Department is better than the established water quality standards for one or more specified parameters. Industrial Water Supply: Any stream or impoundment used as a source of water for any industrial purpose, including non-contact cooling. LC-50 Value: The concentration of pollutant in waters that is lethal to 50% of the test organisms during a specified period of time. Mixing Zone: A mixing zone is an area contiguous! to a discharge where receiving water quality may meet neither all quality criteria nor requirement otherwise applicable to the receiving water. Requirements for mixing zones are described in Section 5. ------- Delaware (con't) Florida Navigation: Use of the water for the transfer and transport of persons, animals and goods. Non-Tidal Waters: Waters which have no cyclic ebb and flow. Primary Contact Recreation: Uses involving prolonged intimate body contact with water in which there is a significant risk of ingestion (e.g., swimming, water skiing). Public Water Supply: Any stream or impoundment used as a source of drinking water and may include other specified uses. Secondary Contact Recreation: Uses involving water as a pleasurable setting for activities in which there is an insignificant risk of ingestion (e.g., boating, fishing, picnicking, hiking, wading). Shellfish: Any fresh, brackish or saltwater Mollusk, whether edible or not, regardless of the reason, is to be considered a shellfish (e.g., clams, mussles, oysters). This definition includes eggs of all applic- able species. Transition Zone: Areas between two adjacent zones of varying water quality or hydrologic conditions. Temperature: The normal temperature for streams is the average daily temperature for the month. Tidal Waters: Water which ebbs and flows cyclically. Toxic Substances: All materials, whether organic or inorganic, considered harmful (synergistically or otherwise) to humans, fish, wildlife or aquatic life. (1) "Acute Toxicity" shall mean the presence of one or more substances or characteristics or components of substances in amounts which: (a) are greater than one-third (1/3) of the amount lethal to 50% of the test organisms in 96 hours (96 hr. LC50) where the 96 hr LC50 is the lowest value which has been determined for a species significant to the indigenous aquatic community; or (b) may reasonably be expected, based upon evaluation by generally accepted scientific methods, to produce effects, equal to those of the concentration of the substance specified in (a) above. (2) "Background" shall mean the condition of waters in the absence of the activity or discharge under consideration, based on the best scientific information available to the Department. (3) "Chronic Toxicity" shall mean the presence of one or more substances or characteristics or components of substances in amounts which: -9- ------- Florida (a) are greater than one-twentieth (1/20) of the amount lethal to 50% (con't) of the test organisms in 96 hours (96 hr. LC50) where the 96 hr. LC50 is the lowest value which has been determined for a species signi- ficant to the indigenous aquatic community; or (b) may reasonably be expected, based upon evaluation by generally accepted scientific methods, to produce effects equal to those of the concentration of the substance specified in (a) above. (4) "Commission" shall mean the Environmental Regulation Commission. (5) "Compensation Point for Photosynthetic Activity" shall mean the depth at which one percent of the light intensity at the surface remains unabsorbed. This depth shall be computed as two divided by the extinction coefficient. (6) "Department" shall mean the Departmet of Environmental Regu- lation. (7) "Designated Use" shall mean the present and future most bene- ficial use of a body of water as designaed by the Environmental Regulation Commission by means of the classification system contained in this Chapter. (8) "Dominance" shall mean the presence of species of communities in greater numbers, biomass, or areal extent than competing species or communities, or a scientifically accepted tendency of species or communities to achieve such a status under existing or reasonably anticipated conditions. (9) "Elluent Limitation" shall mean any restriction established by the Department on quantities, rates or concentrations of chemical, physical, biological or other constituents which are discharged from sources into waters of the state. (10) "Exceptional Ecological Significance" shall mean that a water body is part of an ecosystem of unusual value. The exceptional significance may be in unusual species, productivity, diversity, ecolo- gical relationships, ambient water quality, scientific or educational interest, or in other aspects of the ecosystem's setting or proceses. (11) "Exceptional Recreational Significance" shall mean unusual value as a resource for outdoor recreation activities. Outdoor recreation activities, include, but are not limited to, fishing, boating, canoeing, water skiing, swimming, scuba diving, and nature observation, the exceptional significance may be in the intensity of present recrea- tional usage, an unusual quality of recreational experience, or posses- sing a potential for unusual future recreational use or experience. (12) "Extinction Coefficient" shall mean: (1/D) log 10 (Sg/SjJ where I) is the length of the light path, S0 is the light intensity at the surface & -10- ------- Florida or the transmission value of light through a distilled or deionized (con't) water sample of thickness D, and SD is the light intensity at depth D or the transmission value of light through a sample of the water tested of thickness D. Light intensities or transmission values shall be measured using a cadmium sulfide protoreceptor or other device having a comparable spectral response. (13) "Groundwater" means water beneath the surface of the ground, whether or not flowing through known and definite channels. (14) "Natural Background" shall means the condition of waters in the absence of man-induced alterations based on the best scientific information available to the Department. (15) "Nuisance Species" shall mean species of flora or fauna whose presence in sufficient number, biomass, or areal extent may reason- ably be expected to prevent, or unreasonably interfere with, a designated use of those waters. (16) "Nursery Area of Indigenous Aquatic Life" hall mean any bed of the following aquatic plants, either in monoculture or mixed: Halo- duie spp., Halophila Engelmannii, Potamogeton spp., (pondweed), Ruppia maritima, (widgeon-grass), Sagittaria spp. (arrowhead), Syrin- godium filiforme, (manatee-grass), Thallasia testudinum (turtle grass), or Vallisneria spp. (eel-grass), or any area used by the early- life stages, larvae and post-larvae, of aquatic life during the period of rapid growth and development into the juvenile stages. (17) "Pollution shall mean the presence in the outdoor atmosphere or waters of the state of any substances, contaminants, noise, or man- made or man-induced alteration of the chemical, physical, biological or radiological integrity of air or water in quantities or levels which are or may be potentially harmful or injurious to human health or welfare, animal or plant life, or property, including outdoor recreation. (18) Predominantly Fresh Waters" shall mean those surface waters in which the specific conductance of the water at the surface is less than 5,000 micromhos per centimeter. (19) "Predominantly Marine Waters" shall mean those surface waters in which the specific conductance of the water at the surface is greater than or equal to 5,000 micromhos per centimeter. (20) "Propagation" shall mean reproduction sufficient to maintain the species' role in its respective ecological community. (21) "Secondary and Tertiary Canals" shall mean any wholly artificial canal or ditch which is behind a control structure and which is part of a water control system that is connected to the works feet for in Section 373.086, F.S.) of a water management district created under Section 373.069, F.S., and that is permitted by such water manage- -11- ------- Florida ment district pursuant to Section 373.103, Section 373,412, or (con't) Section 373.416 F.S. (22) "Secretary" shall mean the Secretary of the Department of Environmental regulation. (23) "Shannon-Weaver Diversity Index" shall mean: negative summa- tion (i-1 to S) of (n./N) log, (N.N) where S is the number of species in a sample, N is the lotal number of individuals in species i. (24) "Special Waters" shall mean water bodies designated in accord- ance with 17-3.041 by the Environmental Regulation commission for inclusion in the Special Waters Category of Outstanding Florida Waters, as contained in Section 17-3.041, Florida Administrative Code. A Special Water may include all or part of any water body. (25) "Surface Water" means water upon the surface of the earth, whether contained in bounds created naturally or artificially or diffused. Water from natural springs shall be classified as surface water when it exits from the spring onto the earth's surface. (26) "Waters" shall be as defined in Section 403.031 (3), Florida Statutes. (27) "Zone of Discharge" shall mean a volume underlying or surrounding the point of discharge within which an opportunity for the treatment, mixture or dispersion of wastes into receiving ground- waters has been afforded. (28) "Zone of Mixing" shall mean a volume of surface water contain- ing the point or area of discharge and within which an opportunity for the mixture of wastes with receiving surface waters has been afforded. o Georgia All terms used in this Paragraph shall be interpreted in accordance with definitions as set forth in the Act and as otherwise herein defined: (a) Reasonable and necessary uses" means drinking water supplies, conservation of fish, game and other aquatic life, agricultural, industrial, recreational, and other legitimate uses. (b) "Shellfish" refers to clams, oysters, scallops, mussels, and other mollusks. (c) "Intake temperature" i he natural or background temperature of a particular water body unaffected by any man-made discharge or thermal input. (d) "Coastal waters" are those littoral recreational waters on the ocean side of the Georgia coast. -12- ------- Q Hawaii "Ambient conditions" means the existing conditions in surrounding waters not influenced my man. "Brackish waters" means waters with dissolved inorganic ions (sali- nity) greater than 500 ppm (parts per million), but less than 30,000 ppm. "Fresh waters" means all waters with dissolved inorganic ions of less than 500 ppm. "Saline waters" means water with dissolved inorganic ions greater than 30,000 ppm. "State waters" means all waters, fresh, brackish, or salt, around and within the State of Hawaii which includes all the islands of the Hawaiian Archipelago together with their appurtenant reefs and waters except the Midway Islands. "Best degree of treatment or control" means that treatment or control which is required by applicable statutes and regulations of the State of Hawaii and the Federal Water Pollution Control Act, as amended, or which is otherwise specified by the Director considering technology or management practices currently available in relation to the public interest. "Streams" means seasonal or continuous water flowing in all or part of natural channels as a result of either surface water runoff or ground water influx, or both. Streams may be either "perennial" or "intermittent". "Perennial streams" means fresh waters flowing down altitudinal gradients in definite natural channels, portions of which may be modified. In such streams, flowing water is present all year though volume may vary. Such streams may be continuous, with water flowing to the ocean all year, or interrupted, having flow and/or ecologicaly significat bodies of water only in parts of the channel, with seasonal discharge to the ocean. "Intermittent streams1' means fresh water flowing down altitudinal gradients in definite natural channels only during part of the year. "Springs and seep^' means small, perennial, relatively constant fresh water flows not in distinct channels, such as wet films, or trickles over rock surfaces, in which the wat^r emanates from elevated aquifers. Springs and seeps may be either stream associated, occurring in deeply cut valleys and contributing to stream flow: or coastal, occurring on coastal cliffs and usually flowing into the ocean. "Natural lakes" means deep standing water that is always fresh, in well-defined natural basins. -13- ------- Hawaii (con't) Idaho 10 "Reservoirs" means deep standing water that is always fresh, in well- defined artificially created impoundments. "Elevated wetlands" means shallow standing water that is always fresh, in more or less indistinct basins such as natural bogs, ponds, and marshes. Such wetlands are found in undisturbed areas, mainly remote uplands and forest reserves. "Low wetlands" means shallow standing water that is always fresh, ponds or marshes. Such wetlands are found in lowland areas near coasts or in valley termini modified by man. Their origin may be natural or man made. "Coastal-wetlands" means natural or man-made ponds and marshes having variable salinity, basin limits, and permanence. Such wetlands usually adjoin the coastline but are not surface connected to the ocean except in rare circumstances. They are usually without tidal fluctuations. Most are characterized by introduced biota, especially fishes. "Anachialine pools" means standing waters that vary in salinity and basin limits and are not surface connected to the ocean except in rare circumstances. Such pools are natural brackish water exposures which are near coastlines in recent lavas (rarely, in fossil reefs) and which have tidal fluctuations. They are usually small, shallow pools of low salinity (1,000 to 10,000 ppm) with distinctive biota but usually no fishes. "Estuaries" means deep characteristically brackish coastal waters in well-defined basins with a continuous or seasonal surface connection to the ocean that allows entry of marine fauna. Estuaries may be either natural, occurring mainly at stream or river mouths; or developed, artificially or strongly modified from the natural state, such as dredged and revetted stream termini. Appropriate Beneficial Use: Any of the varius uses which may be made of the Water of Idaho, including, not not limited to, domestic water supplies, industrial water supplies, agricultural water supplies, navigation, recreation in and on the water, wildlife habitat, and aesthetics. Appropriateness is dependent upon actual use, the ability of a water to support a non-existing use either now or in the future, and its likelihood of being used in a given manner. The use of a water for the purpose of wastewater dilution or as a receiving water for waste treatment facility effluent is not an appropriate use. Biochemical Oxygen Demand (BOD: The measure of the amount of oxygen necessary to satisfy the biochemical oxidation requirements of organic materials at the time the Sample is collected; unless otherwise specified, this term will mean the five (5) day BOD incubated at 20° C. Biota: The plants and animals of a specified area -14- ------- Idaho Board: The Board of Health and Welfare (con't) Daily Average: The average of measurements made over a twenty- four (24) hour period. Deleterious Material: Any substance which may cause the tainting of edible species of fish, taste, and odors in drinking water supplies, or the reduction of the usability of water without causing physical injury to water users. Department: The Idaho Department of Health and Welfare. Desirable Species: Species indigenous to the area or those introduced by the Department of Fish and Game. Director: The Director of the Department of Health and Welfare or his authorized agent. Discharge: When used without qualification, the release of a pollutant into the waters of the State. Disinfection: A method of reducing the pathogenic or objectionable organisms by means of chemicals or other acceptable means. Dissolved Oxygen (DO): The measre of the amount of oxygen dissolved in the water, usually expressed in mg/1. Effluent: Any wastewater discharged from a treatment facility. EPA: The U. S. Environmental Protection Agency Fecal Coliform: The portion of the coliform group of bacteria present in the gut and feces of warm-blooded animals, usually expressed as number of organisms/100 mg of sample Geometric Mean: The geometric mean of "n" quantities is the "nth" root of the product of the quantities. Hazardous Material: A material or combination of materials which, when discharged in any quantity into State waters, presents a substantial present or potential hazard to human health, the public health, or the environment. Unless otherwise specified, published guides such as Quality Criteria, for Water (1976) by E.P.S., Water Quality Criteria (Second Edition, 1963) by the State of California Water Quality Control Board, their subsequent revisions, and more recent research papers, regulations and guidelines will be used in identifying individual and specific materials and in evaluating the tolerances of the identified materials for the beneficial uses indicated. Hypolimnion: The deepest zone in a thermally-stratified body of water. It is fairly uniform in temperature and lies beneath a zone of water which exhibits a rapid temperature drop with depth of at least 1 C per meter. -15- ------- Idaho Man-made Waterways: Canals, flumes, ditches, and similar features, (con't) constructed for the purpose of water conveyance. Milligrams per Liter (mg/1): Milligrams of solute per liter of solution, equivalent to parts per million, assuming unit density. Mixing Zone: A defined area or volume of the receiving water surrounding or adjacent to a wastewater discharge where the receiving water, as a result of the discharge, may not meet all applicable water quality criteria or standards. It is considered a place where wastewater mixes with receiving water and not as a place where effluents are treated. Nonpoint Source: A geographical area from which pollutants are dissolved or suspended in water applied to or incident on that area, the resultant mixture being discharged into the waters of the State. Nutrients: The major substances necessary for the growth and repro- duction of aquatic plant life, consisting of nitrogen, phosphorus, arid carbon compounds. Outstanding Resource Water: Those specific segments or bodies of water which are recognized as having outstanding or unique characteristics which enhance beneficial uses and result in the need of intensive protection. Person: An individual, corporation, partnership, association, state, municipality, commission, political subdivision of the state, state agency, federal agency, special district or interstate body. Petroleum Products: Products derived from petroleum through various refining processes. Point Source: Any discernible, confined, and discrete conveyance, including but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel or other floating craft, from which pollutants are, or may be, discharged. Pollutant: Dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical waste, biological materials, radioactive materials, heat, wrecked or discarded equip- ment, rock, sand, silt, cellar dirt; and industrial, municipal and agricultural waste, gases entrained in water; or other materials which, when discharged to water in excessive quantities, cause or contribute to water pollution. Primary Treatment: Processes or methods that serve as the first stage treatment of wastewater, intended for removal of suspended and settleable solids by gravity sedimentation; provides no changes in dissolved anc! colloidal matter in the sewage or wastes flow. -16- ------- Idaho Receiving Waters: those waterways which receive pollutants from (con't) point or nonpoint sources. Schedule of Compliance: A schedule of remedial measures which may include an enforceable sequence of actions or operations leading to compliance with an effluent limitation, other limitation, prohi- bition, or standard. Secondary Treatment: Processes or methods for the supplemental treatment of wastewater, usually following primary treatment, to affect additional improvement in the quality of the treated wastes by biological means of varius types which are designed to remove or modify organic matter. Sewage: The water-carried human or animal waste from residences, buildings, industrial establishments or other places, together with such groundwater infiltration and surface water as may be present. Sludge: The semi-liquid mass produced by partial dewatering of potable or spent process waters of the wastewater. State: The State of Idaho Subsurface Disposal: Disposal of effluent below ground surface, including, but not limited to drainfields or sewage beds Treatment: A process or activity conducted for the purpose of removing pollutants from wastewater. Unique Ecological Significance: The attribute of any stream or water body which is inhabited or supports an endangered species of plant or animal, which provides anadromous fish passage, or which provides spawing or rearing for anadromous or lake dwelling fishes. Wastewater: Unless otherwise specified, sewage, industrial waste, agricultural waste, and associated solids or combinations of these, whether treated or untreated, plus any runoff from the land. Water Pollution: Any alteration of the physical, thermal, chemical biological, or radioactive properties of any waters of the State, or the discharge of any pollutant into the waters of the State, which will or is likely to create a nuisance or to the render such waters harmful, detrimental or injurious to public health, safety or welfare, or to domestic, commercial, industrial, recreational, aesthetic, or other beneficial uses. Waters and Waters of the State: All the accumulations of water, surface and underground, natural and artificial, public and private, or parts thereof which are wholly or partially within, which flow through or border upon the State, except those privately or publicly owned man-made waterways or impoundments designed and utilized exclu- sively as a component of a wastewater treatment system. -17- ------- Illinois Act: means the Illinois Environmental Protection Act. Administrator: means the Administrator of the United States Environmental Protection Agency or his designee Agency: means the Illinois Environmental Protection Agency Aquatic Life: means native populations of fish and other aquatic life Artificial Cooling Lake: means any manmade lake, reservoir or other impoundment, constructed by damming the flow of a stream, which is used to cool the waters discharged from the condensers of a steam- electric generating plant for recirculation in substantial part to the condensers. Basin: means the area tributary to the designated body of water. Board: means the Illinois Pollution Control Board Calumet River System: means the Calumet River, the Grand Calumet River, the Little Calumet River downstream from its confluence with the Grand Calumet, the Calumet-Sag Channel, and the Calumet Harbor Basin Chicago River System: means the Chicago River and its Branches, the North Shore Channel, and the Chicago Sanitary and Ship Canal Combined Sewer: means a sewer designed and constructed to receive both wastewater and land runoff Combined Sewer Service Area: means a specific geographical drainage area served by a combined sewer system. Areas served by separate sewer systems which enter the combined system are not included. Undeveloped areas within a combined sewer service area may be included in that area if deemed appropriate by the Agency pursuant to the guidelines in Rule 602(a) Construction: means commencement of on-site fabrication, erection, or installation of a treatment works, sewer, or wastewater source; or the reinstallation at a new site of any existing treatment works, sewer or wastewater source Dilution Ratio: means the ratio of the seven-day once in ten year low flow of the receiving stream or the lowest flow of the receiving stream when effluent discharge is expected to occur, whichever is greater, to the average flow of the treatment works for the design year. Effluent: means any wastewater discharged, directly or indirectly, to the waters of the State or to any storm sewer, and the runoff from land used for the disposition of wastewater or sludges, but does not otherwise include nononpoint source discharges such as runoff from land or any livestock management facility or livestock waste handling facility subject to regulation under Chapter 5 of the regulations of the Pollution Control Board. -18- ------- Illinois "FWPCA" means the Federal Water Pollution Control Act, as (con't) amended, 33 U.S.C. 1251 et seq. Public Law 92-500, enacted by the Congress October 18, 1972, as amended Hearing Board: shall mean an Agency hearing board of one or more employees appointed by the Director in acordance with the require- ments of Rule 909(b) hereof, which shall conduct public hearings and make recommendations to the Agency with respect to the issuance or denial of NPDES permits Industrial Wastes: means any solid, liquid, or gaseous wastes resulting from any process or excess energy resulting from any progress of industry, manufacturing, trade, or business or from the development, processing or recovery, except for agricultural crop raising, of any natural resource Institute: means the Illinois Institute of Natual Resources Interstate Waters: are all waters which cross or form part of the border between Illinois and other states Intrastate Waters: are all the waters of Illinois which are not interstate waters Land Runoff: means water reaching the waters of the State as runoff resulting from precipitation Marine Toilet: means any toilet on or within any watercraf t Modification means: (1) Any physical change in a treatment works which involves different or additional processes or equipment or which increases or decreases the capacity or efficiency of the treatment works; or (2) Any change in the number of location of points where effluent is discharged, directly or indirectly to the waters; or (3) Any change in any components of a sewer system which alters the quanitity of wastewater capable of being conveyed, or which increases or descreases the quantity of wastewater capable of being discharged at overflow or bypass structures; or (4) Any increase in quanitity or strength of a discharge from any wastewater source, unless such increase does not exceed an upper limit specifically allowed by an excisting Permit granted by the Agency and does not involve any additional contaminants contained in standards set by this Chapter that are not itemized and approved in an existing Agency permit. New Source: means any wastewater source, the construction of which is commenced on or after the effective date of the applicable provisions of this Chapter -19- ------- Illinois NPDES: means the National Pollutant Discharge Elimination system (con't) for issuing, establishing conditions for, and denying permits under Section 402 of the FWPCA. All terms used in connection with NPDES which have been defined in the FWPCA or regulations adopted thereunder shall have the meanings specified therein, unless specifically noted otherwise Other Wastes: means garbarge, refuse, wood residues, sand, lime, cinders, ashes, offal, night soil, silt, oil, tar, dye stuffs, acids, chemicals and all other substances not sewage or industrial waste whose discharge would cause water pollution or a violation of the effluent or water quality standards. Person: means any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, political subdivision, state agency, or any other legal entity, or their legal representative, agent or assigns Pollutant: means dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biolo- gical materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal and agricultural waste discharged into water. This term does not mean (A) "sewage from vessels' within the meaning of the FWPCA: or (B) water, gas, or other material which is injected into a well to facilitate production and disposed of in a well, if the well used either to facilitate production or for disposal purposes is approved by the Department of Mines and Minerals, and if the Department of'Mines and Minerals determines that such injection or disposal will not result in the degradation of ground or surface water resources Population Equivalent: is a term used to evaluate the impact of industrial or other waste on a treatment works or stream. One population equivalent is 100 gallons of sewage per day, containing 0.17 pounds of BODS and 0.20 pounds of suspended solids. The impact on a treatment works is evaluated as the equivalent of the highest of the three parameters. Impact on a stream is the higher of the BODS and suspended solids parameters Pretreatment Works: means a treatment works designed and intended for the treatment of wastewater from a major contributing industry, as defined in 40 CFR 128, before introduction into a sewer system tributary to a public owned or public regulated treatment works (Editor's note: The federal environmental Protection Agency June 26, 1978 (43 FR 27736) replaced 40 CRF 128 Pretreatment Standards- -with 40 CFR 403General Pretreatment Regulations for Existing and New Sources of Pollution, effective August 25, 1978) Primary contact: means any recreational or other water use in which there is prolonged and intimate contact with the water involving considerable risk of ingesting water in quantities sufficient to pose a significant health hazard, such as swimming and water skiing -20- ------- Illinois Public and Food Processing Water Supply: means any water use in (con't) which water is withdrawn from surface waters of the State for human consumption or for processing of food products intended for human consumption Publicly Owned Treatment Works: means a treatment works owned by a municipality, sanitary district, county, or state or federal agency, and which treats domestic and industrial wastes collected by a publicly owned or regulated sewer system. Industrial treatment works which are publicly owned and financed by bond issues of public agencies are not included in this definition Publicly Regulated Treatment Works: means those otherwise private companies which are regulated as public utilities engaged in the disposal of domestic and industrial wastes and regulated as such by the Illinois Commerce Commission, pursuant to an Act concerning Public Utilities, Illinois Revised Statutes 1977, CH.lll 2/3; par.l et.seq. Sanitary Sewer: means a sewer that carries wastewater together with incidental land runoff Secondary Contact: means any recreational or other water use in which contact with the water is either incidental or accidental and in which the probability of ingesting appreciable quantities of water is minimal, such as fishing, commercial and recreational boating and any limited contact incident to shoreline activity Sewage: means water-carried human arid related wastes from any source Sewer: means a stationary means of transport or stationary system of transport, excluding natural waterways, constructed and operated for the purpose of collecting and transporting wastewater or land runoff, or both Standard of Performance: means a standard for the control of the discharge of pollutants, promulgated by the Administrator pursuant to Section 306 of the FWPCA, for the control of the discharge of pollutants which reflects the greatest degree of effluent reduction which the Administrator determines to be achievable through appli- cation of the best available demonstrated control technology, pro- cesses, operating methods, or other alternatives, including, where practicable, a standard permitting no discharge of pollutants STORET: Means the national water quality data .system of the Federal Environmental Protection Agency Storm Sewer: means a sewer intended to receive only land runoff Treatment Works: means individually or collectively those construc- tions or devices, (except sewers, and except constructions or devices used for the pretreatment of wastewater prior to its introduction into -21- ------- Illinois (con't) Indiana 12 publicly owned or regulated treatment works) used for collecting, pumping, treating, or disposing of wastewaters or for the recovery of by-products from such wastewater Underground Waters: means any waters of the state located beneath the surface of the earth Wastewater: means sewage, industrial waste, or other waste, or any combination of these, whether treated or untreated, plus any admixed land runoff Wastewater Source: means any equipment, facility, or other point source of any type whatsoever which discharges wastewater, directly or indirectly (except through a sewer tributary to a treatment works), to the waters of the State Watercraft: means every type of boat, ship or barge used or capable of being used as a means of transportation on water Waters: means all accumulations of water, surface and underground, natural, and artificial, public and private, or parts thereof, which are wholly or partially within, flow through, or border upon the State of Illinois, except that sewers and treatment works are not included except as specifically mentioned; provided, that nothing therein contained shall authorize the use of natural or otherwise protected waters as sewers of treatment works except that in-stream aeration under Agency permit is allowable. Advanced Treatment - Treatment in excess of that which can be provided by secondary treatment. Application Factor - A numerical factor applied to the median lethal concentration to provide the concentration of a toxic substance that is considered to be safe for organisms in the waters of the State. Average - Unless otherwise specified, the arithmetical average of a set of numbers. Board - The Indiana Stream Pollution Control Board. Coliform Bacteria - All the aerobic and facultatively anaerobic, gram-negative, nonsporeforming bacilli that produce acid and gas from the fermentation of lactose. Community - A general collective term to describe the varieties of aquatic species and associated organisms living together in a water body. Effluent - A wastewater discharge from a point source to the waters of the State. Fecal Coliforms - Coliform bacteria that produce gas from lactose in a special, buffered broth incubated at 45.5 C. -22- ------- Indiana Indigenous - An organism growing and reproducing in a particular (con't) region. Mixing Zone - An area contiguous to a discharge where, as a result of said discharge, receiving water quality may not meet all water quality standards. Any time an effluent is added to a receiving waterway where the effluent is poorer in quality, there will be a zone of mixing. The mixing zone should be considered a place where wastes and receiving waters mix and not as a place where effluents are treated. Partial Body Contact - Any contact with water up to, but not including, complete submergence. Point Source - A discernible, confined and discrete conveyance, from which wastewater is or may be discharged to the waters of the State. Policy - As employed herein, a statement of administrative practice or decision-making guidelines to be followed or implemented to the maximum extent feasible with respect to an identified problematic situation but to be less than strictly enforceable in contrast to a standard or rule of law. Potable Water Supply - Water considered satisfactory for domestic consumption which has physical, chemical, and bacteriological quali- ties that meet the requirements set forth in applicable State Board of Health and/or Environmental Management Board regulations. Public Water Supply - Any wells, reservoirs, lakes, rivers, sources of supply, pumps, mains, pipes, facilities, and structures through which water is obtained, treated as may be required, and supplied through a water distribution system for sale to or consumption by the public for drinking, domestic, or other purposes, including State-owned faci- lities even though the water may not be sold to the public. Secondary Treatment - Municipal waste water treatment facilities shall be defined as those necessary to meet 40 CFR, Part 133. Secondary treatment for combined sewer overflows shall be deter- mined by the Board. Semi-Public Wastewaters - Domestic wastewaters which are public in character although collected and treated by an entity other than a Federal, State, or Municipal governmental entity (with the exception of rural school corporations). An example would be wastewaters from a mobile home park or residential subdivision located outside municipal corporation boundaries which are collected and treated by a privately-owned sewage treatment facility. Standard - A definite numerical value or narrative statement promul- gated by the Board to maintain or enhance water quality to provide for and fully protect a designated use of the waters of the State. -23- ------- Indiana Toxic Substances - Materials which are or may become harmful to (con't) plant or animal life, or to food chains when present in sufficient concentrations or combinations. Waters of the State - Such accumulations of water, surface and underground, natural and artificial, public and private, or parts thereof, which are wholly or partially within, flow through, or border upon, this State, but the terms does not include any private pond, or any pond, reservoir or facility built for reduction or control of pollution or cooling of water prior to discharge unless the discharge therefrom causes or threatens to cause water pollution. Water Use Designations - A use of the waters of the State as established by this regulation, including but not limited to industrial water supply, agricultural use, public water supply, total body contact, partial body contact, fish and other aquatic life. Well-Balanced Fish Community - A fish comunity which is as diverse in species composition and as abundant in numbers or biomass at all levels as a particular aquatic habitat is capable of supporting. Whole Body Contact - Direct contact with water to the point of complete submergence. 13 Iowa "Act" means the Federal Water Pollution Control Act as amended by the Federal Water Pollution Control Act Amendments of 1972 (Pub. L. 92-500, 86 Stat. 816), 33 U.S.C.I 1251 et seq. "Administrator" means the administrator of the United States Environmental Protection Agency (EPA) 401 "M" Street, S.W,,, Washington D.C. 20460 "ASTM" means "Annual Book of Standards, Part 31, Water, 1975" The publication is available from The American Society for Testing and Materials, 1916 Race St., Philadelphia, Pennsylvania 19103 "Best management practice" (BMP) means a practice or combination of practices that is determined, after problem assessment, examina- tion of alternative practices, and appropriate public participation, to be the most effective, practicable (including technological, economic and institutional considerations) means of preventing or reducing the amount of pollution generated by nonpoint sources to a level com- patible with water quality goals. "Biochemical oxygen demand (five-day)" means the amount of oxygen consumed in the biological processes that break down organic matter in water by aerobic biochemical action in five days at 20 C. "Continuing planning process" (CPP) means the continuing planning process, including any revision thereto, required by sections 208 arid 303(e) of the Federal Water Pollution Control Act as amended (33 U.S.C. si 1288 and 1313 (e) for state water pollution control agencies. -24- ------- Iowa (con't) The continuing planning process is a time phased process by which the department, working co-operatively with designated areawide planning agencies: a. Develops a water quality management decision-making process involving elected officials of state and local units of government and representatives of state and local executive departments that conduct activities related to water quality management. b. Establishes an intergovernmental process (such as co-ordinated and co-operative programs with the state conservation commission in aquatic life and recreation matters, deartment of soil conservation in nonpoint source pollution control matters, and the natural resources council in water resources matters) which provides for water quality management decisions to be made on an areawide or local basis and for the incorporation of such decisions into a comprehensive and cohesive statewide program. Through this process, state regulatory programs and activities will be incorporated into the areawide water quality management decision process. c. Develops a broad based public participation feuch as utilization of such mechanisms as basin advisory committees composed of local elected officials, representatives of areawide planning agencies, the public at large, and conservancy district advisory committees) aimed at both informing and involving the public in the water quality management program. d. Prepares and implements water quality management plans, which identify water quality goals and established state water quality standards, define specific programs, priorities and targets for preventing and controlling water pollution in individual approved planning areas and establish policies which guide decision-making over at least a twenty-year span of time (in increments of five years). e. Based on the results of the statewide (state and areawide) planning process, develops the state strategy to be updated annually, which sets the state's major objectives, approach, and priorities for preventing and controlling pollution over a five-year period. f. Translates the state strategy into the annual state program plan (required under section 106 of the Federal Act), which establishes the program objectives, identifies the resources committed for the state program each year, and provides a mechanism for reporting progress toward achievement of program objectives. g. Periodically reviews and revises water quality standards as required under Section 303(c) of the Federal Act. "CFR" means the Code of Federal Regulations as published by the Superintendent of Documents, U.S. Government Printing Office, Washington, D. C. 20402. -25- ------- Iowa (con't) "Deep well" means a well located and constructed in such a manner that there is a continuous layer of low permeability soil or rock at. least five feet thick located at least 25 feet below the normal ground surface and above the aquifer from which water is to be drawn. "Department" means the department of environmental quality. "EPA Methods" means "Methods for Chemical Analysis of Water and Wastes", 1974, Methods Development and Quality Assurance Research Laboratory, National Environmental Research Center, Cincinnati, Ohio 45268: U.S. Environmental Protection Agency, Office of Technology Transfer. Industrial Environmental Research Laboratory, Cincinnati, Ohio 45268. This publication is available from the Office of Technology Transfer. "Fecal coliform" means the portion of the coliform group which is present in the gut or the feces of warm-blooded animals. It includes organisms which are capable of producing gas from lactose broth in a suitable culture medium within 24 hours at 44.5 plus or minus 0.2°C. "FR" means the Federal Register, published, daily by the Office of the Federal Register, National Archives and Record Service, General Services Administration, Washington, D. C. 20408 and distributed by the Superintendent of Documents, U. S. Government Printing Office, Washington, D. C. 20402 "Industrial wastes" means any solid, liquid, or gaseous wastes or excess energy in the form of heat resulting from any process of industry, manufacturing, trade, or business, or from the development, processing or recovery, except for agricultural crop raising, of an^ natural resources. "Local public works department" means a city or county public works department, a board of trustees of a city utility organized pursuant to chapter 388, Code of Iowa, or a sanitary sewer district organized pursuant to chapter 358, Code of Iowa. "Low permeability" means a soil layer of well sorted, fine grain-sized sediments or of rock that under normal hydrostatic pressures would not be significantly permeable. Low permeability soils may include homogenous clays below the zone of weathering rnudstone, claystone, shale, and some glacial till. "Major contributing industry" means an industrial user of a treatment works that: a. Has a flow of 50,000 gallons or more per average work day: b. Has a flow greater than five percent of the flow carried by the treatment works receiving the waste: c. Has in its waste a toxic pollutant in toxic amount as defined in standards issued under section 307(a) of the Act and adopted by reference in 17.5(4558); or -26- ------- Iowa (con't) d. Is found by the department in connection with the issuance of an NPDES permit to have a significant impact, either singly or in combination with other contributing industries, on that treatment works or upon the quality of effluent from that treatment works. "Milligrams per liter (mg/1)" means milligrams of solute per liter of solution (equivalent to parts per million assuming unit density). A microgram (ug) is 1/1000 of a milligram. "Navigable water" means a water of the United States. "Nephelometric" means the nephelometric method of determing tur- bidity as stated in Standard Methods, pp. 132-134. "Nonpoint source" means a source of pollutants that is not a point source. "NPDES permit" means an operation permit, issued after the depart- ment has obtained approval of its NPDES program from the admini- strator, that authorizes the discharge of any pollutant into a navig- able water. "Pathogen" means any micro-organism or virus that can cause disease. "pH" means the hydrogen ion activity of a solution expressed as the logarithm of the reciprocal of the hydrogen ion activity in moles per liter at 25 C. pH is a measure of the relative acidity or alkalinity of the solution. The range extends from 0 to 14; 7 being neutral, 0 to 7 being acidic, and 7 to 14 being alkaline. "Point source" means any discernible, confined, and discrete conve- yance, including, but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel or other floating craft, from which pollutants are or may be discharged. "Primary contact" means any recreational or other water use in which there is prolonged and intimate contact with the water involving considerable risk of ingesting water in quantities sufficient to pose significant health hazard, such as swimming and waterskiing. "Records of operation" means department of environmental quality report forms or such other report forms, letter or documents which may be acceptable to the department that are designed to indicate specific physical, chemical or biological values for waste water during a stated period of time. "Regional administrator" means the regional administrator of the United States Environmental Protection Agency, Region VII, 1735 Baltimore, Kansas City, Missouri 64108. -27- ------- Iowa (con't) Kansas 14 Kentucky 15 "Secondary contact" means any recreational or other water use in which contact with the water is either incidental or accidental and in which the probability of ingesting appreciable quantities of water is minimal, such as fishing, commercial and recreational boating and any limited contact incidental to shoreline activity. "Shallow well" means a well located and constructed in such a manner that there is not a continuous five foot layer of low permeability soil or rock between the aquifer from which the water supply is drawn and a point 25 feet below the normal ground surface. "Standard methods" means "Standard Methods for the Examination of Water and Waste Water", 14th Edition, 1975. This publication is available from the American Public Health Association, 1015 18th Street, N.W., Washington, D.C. 20036. "Temperature" m~ans a measure of the heat content of water. "Turbidity" is a measure of the optical property of the particles of mud, clay, silt, finely divided organic matter, or microscopic organisms suspended in water that interfere with light transmission, causing the light to be scattered and absorbed rather than trans- mitted through the water in straight lines. Not specified Section 1. Definitions and Abbreviations. (1) General function of definitions. The following definitions describe terms used in this chapter. Terms not defined below shall have the meaning given to them in relevant statutes or, if not defined in statutes, the meaning attributed by common use. (a) "Aquifer" means any formation of soil, sand, rock, gravel, lime- stone, sandstone, or other material or any fracture, crevice, or void in any space formation from which underground water is or may be available. (b) "Coldwater aquatic habitat" means surface waters arid associated substrate that will support indigenous aquatic life as well as stocked trout. (c) "Conventional domestic water supply treatment" means or includes coagulation, sedimentation, filtration, and chlorination. (d) "Criteria" mean pecific concentrations of water constituents which, if not exceeded, are expected to result in an aquatic eco- system suitable for designated uses of waterfe). Such criteria are derived to protect legitimate uses such as aquatic life, domestic water supply, and recreational use. (e) "Division" m^ans the Division of Water Quality. ------- Kentucky (f) "Effluent ditch" means that portion of a treatment system which (con't) is a discreet, person-made conveyance, either totally owned, leased or under proper easement by the discharger, which transports a discharge to waters of the Commonwealth. (g) "Epilimnion" m ans the thermally homogeneous water layer over- lying the metalimnion (thermocline) of a lake. (h) "Eutrophication" means the enrichment of waters of the State by the discharge or addition of nutrients. (i) "Fecal coliform" means the portion of the coliform group which is present in the gut or the feces of warm-blooded animals. It generally includes organisms which are capable of producing gas from lactose broth in a suitable culture medium within twenty-four (24) hours at 44.5 degrees plus or minus 0.2 degrees C. (j) "Hypolimnion" means the lower cold region of a stratified body of water that extends from the metalimnion to the bottom of the lake and circulation is restricted while stratified with the upper waters thereby receiving no oxygen from the atmosphere. (k) "Indigenous aquatic life" means naturally occurring aquatic organisms including but not limited to bacteria, fungi, algae, aquatic insects, other aquatic invertebrates, reptiles and amphibians, and fishes. Under some natural conditions one (1) or more of the above groups may be absent from any given surface water. (1) "Intermittent stream" means a stream that flows at certain times of the year as when it receives water from springs or precipitation in the immediate watershed. (m) "LC-,," is used to express the results of bioassays having lethality as the criterion of toxicity. A numerical percentage is used to indicate the percentage of the test animals killed at a given concentration. (n) "Low flow (seven (7) day, once-in-ten (10) year low flow)" means that minimum average flow which occurs for seven (7) consecutive days with a recurrence interval of ten (10) years. (o) "Low flow stream" means that portion of a watercourse where the low flow (not attributable to discharges and other hydraulic alterations) is one (1) cubic foot per second or less. (p) "Median tolerance limit (TLm)" is a measure of the concentration at which fifty (50) percent of the organisms survive. (q) "Milligrams per liter (mg/1)" means the milligrams of substance per liter of solution, and is equivalent to parts per million in water assuming unit density. -29- ------- Kentucky (r) "Mixing zone" means a domain of a water body contiguous to a (con't) treated or untreated wastewater discharge of quality characteristics different from those of the receiving water. The discharge is in transit and progressively diluted from the source to the receiving system. The mixing zone is the domain where wastewater and receiving water mix. (s) "Natural temperature" means the temperature that would exist in waters of the Commonwealth without the change of enthalpy of artificial origin as opposed to climatic change or naturally occurring seasonally variable temperature associated with riparian vegetation and seasonal changes. (t) "Natural water quality" means those naturally occurring physical, chemical, and biological properties of waters. (u) "Non point" means any source of pollutants not defined by point source as used in this regulation. (v) "Outstanding resource waters" means waters designated by the department pursuant to 401 KAR 5:031, Section 8. (w) "Point source" means any discernible, confined, and discrete conveyance, including, but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concen- trated animal feeding operation, from which pollutants are or may be discharged. This term does not include return flows from irrigated agriculture. (x) "Productive aquatic communities" means an assemblage of indi- genous aquatic life capable of reproduction and growth. (y) "Propagation" means the continuance of species by successful spawning, hatching, and development or natural generation in the natural environment, as opposed to the maintenance of species by artificial culture and stocking. (z) "Public water supply" means only surface water that with conven- tional treatment will be suitable for human consumption, culinary purposes, or in any food or beverage processing industry and meet state and/or federal regulations for drinking water. This term is synonymous with "domestic water supply." (aa) "Standard" is a numerical value, range of values, or narrative statement promulgated by the department to maintain and protect the waters of the Commonwealth for designated uses. (bb) "Surface waters" means those waters having well defined banks and beds, either constantly or intermittently flowing, except effluent ditches; impounded waters; and any subterranean waters flowing in well defined channels and having a clear hydrologic connection with the surface. -30- ------- Kentucky (con't) Louisiana 17 Maine 16 (cc) "Thermocline" means the plane in a body of water in which the maximum rate of decrease in temperature occurs. (dd) "Toxic substances" means substances which are bioaccumulative, synergistic, antagonistic, teratogenic, mutagenic and interfere with the normal propagation of aquatic life, wildlife, or preclude the legitimate uses of any waters of the Commonwealth. (ee) "Warmwater aquatic habitat" means any surface water and associated substrate capable of supporting indigenous warmwater aquatic life. (2) Abbreviations used in water quality regulations: (a) °C means degreefe) Celsius? (b) EPA-SeeU. S. EPA; (c) °F means degreefe) Fahrenheit; (d) mg/1 means milligrams per liter (same as ppm); (e) NPDES means National Pollutant Discharge Elimination System; (f) pCi/1 means piocuries per liter; (g) ppm means partfe) per million (assuming unit density, same as mgA); (h) ug/1 means micrograms per liter; (i) U. S. EPA means the United States Environmental Protection Agency. Not specified 1. Discharge. "Discharge" means any spilling, leaking, pumping, pouring, emptying, dumping, disposing or other addition of any pollutant to waters of the State. 1-A. Coastal streams. "Coastal streams" means those waters of the State which drain directly or indirectly into tidal waters except portions of streams subject to the rise and fall of the tide and those waters listed and classified in sections 368 and 370. 2. Freshsurface waters. "Freshsurface waters" means all waters of the State other than tidal waters. 3. Municipality. "Municipality means a city, town, plantation or unorganized township. 4. Person. "Person" means an individual, firm, corporation, munici- pality, quasi-municipal cooperation, state agency, federal agency or other legal entity. -31- ------- Maine (con't) Maryland 18 4-A. Pollutant. "Pollutant" means dredged spoil, solid waste, junk, incinerator residue, sewage, refuse, effluent, garbage, sewage sludge, munitions, chemicals, biological or radiological materials, oil, petro- leum products or byproducts, heat, wrecked or discarded equipment, rock, sand, dirt and industria, municipal, domestic, commercial or agricultural wastes of any kind. 4-B Surface waste waster disposal system. "Surface waste water disposal system" shall mean any system for disposal of waste waters on the surface of the earth, including, but not limited to, holding pondg, surface application and injection systems. 5. Tidal waters. "Tidal waters" means those portions of the Atlantic Ocean within the jurisdiction of the State, and all other waters of the State subject to the rise and fall of the tide except those waters listed and classified in sections 368 and 369. 6. Transfer of ownership. "Transfer of ownership" means a sale, a lease, a sale of over 50 percent of the stock of a coproration to one legal entity or a merger or consolidation where the surviving corpo- ration is other than the original licensee. 7. Waters of the State. "Waters of the State" means any and all the surface and subsurface waters which are contained within, flow through, or under or border upon this State or any portion thereof, including the marginal and high seas, except such waters as are confined and retained completely upon the property of one person and do not drain into or connect with any other waters of the State. (1) "Administration" means the Water Resources Administration. (2) "Administrative Order" means a written notification issued by the Administration pursuant to State Law and Regulations, requiring within a time specified correction of a water pollution condition or compliance with provisions of pertinent law and regulations. (3) "Advanced waste treatment" means the treatment of wastes or wastewaters to (a) reduce content of specific consituents, such as nitrogen and phosphorus, which are not controlled sufficiently by Best Practicable Control Technology Currently Available (BPCTCA) or by secondary treatment, or to (b) reduce organic oxygen demand beyond the level attainable by BPCTCA or secondary treatment, so as to comply with waste load allocations in water quality limited waters. (4) "Affiliate" means an individual or corporation who is controlling, controlled by, or under common control of the applicant. <5) "Aquifer" means any formation of soil, sand, rock, gravel, limestone, sandstone, or other material, or any crevice from which underground water is or may be produced. -32- ------- Maryland (6) "Base flow" means the discharge entering stream channels from (con't) ground water or other delayed sources; i.e., stream flow periods not affected by recent rainfall. (7) "Best Practicable Control Technology Currently Available" (BPCTCA) means a feasible process which, as demonstrated by general use, demonstration process or pilot plants represents good engineering practice at reasonable cost at the time the State Discharge Permit is issued or thereafter modified or reissued. For discharges from publicly owned treatment works and other sewage treatment facilities, BPCTCA means the secondary treatment levels specified by the Aministration in the state Discharge permits. (8) "Bunkering" m ans the process of fueling a vessel. (9) "Coliform organisms" means all of the aerobic and facultative anaerobic, Gram-negative, non-spore-forming, rod-shaped bacteria that ferment lactose broth with gas formation within 48 hours at 35 degrees C. (10) "Collecting agents" means chemicals or other agents that can gel, congeal, herd, entrap, fix or make an oil mass more rigid or viscous to facilitate its removal from the water surface. (11) "Control" means the possession of the power to direct or cause the direction of the management policies of a person. (12) "Department" means the Department of Natural Resources. (13) "Design stream flow" means the seven (7) consecutive days low- flow which has a frequency of recurrence of once in ten (10) years. (14) "Discharge" means the addition, introduction, leaking, spilling, or emitting any pollutant to waters of the State or the placing of any pollutant in a location where it is likely to pollute. (15) "Dispersants" means those chemical agents or compounds which emulsify, disperse or solubilize oil or which act to further the surface spreading of oil slicks in order to facilitate dispersal of oil. (16) "Disposal system" means a system for disposing of wastes, either by surface or underground methods, and includes treatment works, disposal wells and other systems. (17) "Effluent" means the outflow into the waters of the State of waste, whether treated or untreated, from an industrial process, holding tank, pond, sewer, or other point source. (18) "Effluent limitations" means any restrictions or prohibitions established under State or Federal Law including but not limited to parameters for toxic and nontoxic discharges, standards of perfor- mance for new sources, or ocean discharge criteria. The restrictions -33- ------- Maryland or prohibitions shall specify quantities, rates, and concentrations of (con't) chemical, physical, biological, and other constituents which are discharged into State waters. (19) "Effluent limited waters" means waters of the State which the Administration has identified as those in which Best Practicable Control Technology Currently Available for industrial discharges and secondary treatment for sewage discharges is sufficiently stringent to maintain applicable water quality standards. (20) "Emergency conditions" means those circumstances resulting from a permittee's actions, or lack of actions, which the Admini- stration determines constitute a present or imminent danger to the public health, welfare or the environment. (21) "EPA" means the United States Environmental Protection Agency, or its successor. (22) "Estuary" means a semi-enclosed coatal body of water having a free connection with the open sea and within which the sea-water is measurably diluted with fresh water deriving from land drainage. (23) "Eutrophication (Eutrophic)" means the excessive enrichment of waters of the State by the discharge or addition of nutrients which results in degradation of water quality or undesirable ecological changed as indicated by excessive rooted or dispersed plant growth (such as algal blooms), loss of water clarity, or nuisance conditions. (24) "Fecal coliform" means the portion of the coliform group which is present in the gut or the feces of warm-blooded animals. It generally includes organisms which are capable of producing gas from lactose broth in a suitable culture medium within 24 hours at 44.5 degrees plus 0.5 degrees C. (25) "Federal Act" means the Federal Water Pollution Control Act Amendments of 1972, or amendments thereto. (26) "Federal Water Pollution Control Act, as amended" means the Federal Water Pollution Control Act Amendments of 1972, or amend- ments thereto (codified as Title 33, U.S.C.) (27) "Fish" means loweraquatic vertebrates which have bony skele- tons, are covered by dermal scales, usually have spindle-shaped bodies, and swim by fins and breathe by gills. (28) "Industrial waste" means any liquid, gaseous,solid or other waste substance or combination thereof resulting from any process of industry, manufacturing, trade or business, or from the development of any natural resource, including agriculture. (29) "Intermittent stream" means a nontidal body of flowing water for which the computed design stream flow is zero. -34- ------- Maryland (30) "Material balance" means an inventory accounting system for (con't) determining quantities of materials on hand, used in process, converted to product, lost to the environment, or contained in waste matter generated, stored, discharged, or otherwise processed. (31) "National Pollutant Discharge Elmination Sytem (NPDES)" means the national system for the issuance of permits as designated by the 1972 amendments to the Federal Water Pollution Control Act. (32) "NPDES application" means the uniform national forms (including subsquent additions, revisions, or modifications duly promulgated by the Environmental Protection Agency pursuant to the Federal Water Pollution Control Act, as amended) for application for an NPDES permit. (33) "NPDES form" means any issued NPDES permit and any uniform national form developed for use in the NPDES and prescribed in regulations promulgated by the Environmental Protection Agency including the NPDES application and the NPDES report forms. (34) "NPDES permit" means the permit issued under the Federal Water Pollution Control Act, as amended. (35) "NPDES reporting form" means the uniform national forms (including subsequent additions, revisions, or modifications duly promulgated by the Environmental Protection Agency pursuant to the Federal Water Pollution Control Act, as amended) for reporting data and information pursuant to monitoring and other conditions of the NPDES permit. (36) "Natural" or "naturally occurring" values means for all of the waters of the State: (a) those water quality values which exist unaffected by or unaffected as a consequence of any water use by any person: (b) those water quality values which exist unaffected by the dis- charge, or direct or indirect deposit of, any solid, liquid or gaseous substance by any person; or (c) any other water quality values which represent conditions which the Administration by its rules and regulations defines as natural. For the purposes of this definition, the following conditions shall be considered as natural; infestations of water milfoil, Myriophyllum spicatum; infestations of water chestnut, Trapa natans; the presence of sea lettuce, Ulva lactuaca; and the presence of sea nettles, Aurelia sp. (37) "Natural trout waters" means waters capable of suporting natural trout populations, including propagation, and their associated food organisms. -35- ------- Maryland (38) "New source" means any source, the construction of which is (con't) commenced after the publication of proposed regulations by the EPA prescribing a standard of performance which will be applicable to such source if such standard is thereafter promulgated. (39) "Onshore facility" means any installation (including, but not limited to terminals, motor vehicle and rolling stock) of any kind located in, on, or under any land within the State. (40) "Offshore facility" means any installation of any kind located in, on, or under, any of the navigable waters within the State other than a vessel. (41) "Oil" means any of a number of unctuous combustible substances which are liquid at ambient temperature and atmospheric pressure, or easily liquefiable on warming and soluble in ether, and which include fuel oil, gasoline, kerosene, lubricating oil, other petroleum products, oil bearing sludge, oil refuse, oil mixed with ballast or bilge water, and oil mixed with wastes. (42) "operator" means that person or those persons with responsibility for the management and performance of each facility. (43) "Other aquatic life" means all organisms, other than fish, which grow in, live in, or frequent water. (44) "Other waste" means garbage, refuse, wood, sawdust, shavings, bark, sand, lime, cinders, ashes, offal, oil, tar, dyestuffs, acids,, chemicals, and all discarded substances other than sewage or indus- trial waste. (45) "Permeability" (of an aquifier) means the volume of water at the prevailing kinematic viscosity that will move in unit time under a unit hydraulic gradient through a unit area measured at right angle to the direction of flow. (46) "Permit" means written authorization issued by the Admini- stration pursuant to pertinent law and regulations and describing required performance for specific activities and operations, including depending on context a State Discharge Permit, an NPDES Permit, an Oil Operations Permit, and others (47) "Permittee" means the person holding a permit issued by the Administration. (48) "Person" includes the State, any county, municipal corporation, or other political subdivision of the State, or any of their units, or an individual, receiver, trustee, guardian, executor, administrator, fidu- ciary, or representative of any kind, or any partnership, firm, association, public or private corporation, or any other entity. -36- ------- Maryland (49) "Person in charge" means the person designated by an operator or (con't) permittee as the one with direct supervisory responsibility for an activity or operation at a facility, such as the transfer of oil to or from any facility. (50) "Point of discharge" means that location in or adjacent to a body of water at which any liquid, solid or gaseous substances are discharged or deposited. (51) "Point Source" means any discernible, confined and discrete conveyance, including, but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel or other floating craft, from which pollutants are, or may be discharged. (52) "Pollutant" means any wastes or wastewaters discharged from any publicly owned treatment works or industrial source and all other liquid, gaseous, solid or other substances which will pollute any waters of this State. (53) "Pollution" means every contamination or other alteration of the physical, chemical, or biological properties, of any waters of the state, including change in temperature, taste, color, turbidity, or odor of the waters, or the discharge or deposit of any organic matter, harmful organism, liquid, gaseous, solid, radioactive, or other substance into any waters of the state as will render the waters harmful, detrimental, or injurious to public health, safety, or welfare, domestic, commercial, industrial, agricultural, recreational, other legitimate beneficial uses, or livestock, wild animals, birds, fish or other aquatic life. (54) "Propagation" means the continuance of species by generation of successive production in the natural environment, as opposed to the maintenance of species by artificial culture and stocking. (55) "Publicly owned treatment works" means any facility for the treatment of pollutants owned by the State or any political sub- division thereof, municipality, or other public entity. (56) "Receiving water" means surface waters of the State into which wastes or wastewaters are, or may be, discharged. (57) "Recreational trout waters" means cold or warm waters capable of holding or supporting adult trout for put-and-take fishing, usually seasonal. (58) "Refuse Act" means Section 13 of the River and Harbor Act of March 3, 1899. (59) "Refuse Act application" means the application for a permit under the Refuse Act. (60) "Refuse Act permit" means any permit issued under the Refuse Act. -37- ------- Maryland (61) "Schedule of Compliance" means a schedule of remedial (con't) measures including an enforceable sequence of actions or operations leading to compliance with the effluent limitations or water quality standard as specified by an order or permit requirement of the Administration. (62) "Second treatment" means the treatment of sewage or product effluent equal to or better than the following quality: a. Five day biochemical oxygen demand: 30 mg/1 - average for a 30 day period 45 mg/1 - average for a 7 day period b. Total suspended solids 30 mg/1 - average for a 30 day period 45 mg/1 - average for a 7 day period c. Bacterial Control: As required to meet water quality standards d. Total Chlorine residual: 0.5 mg/1 - instantaneous maximum; lower values may be set to protect aquatic life. (63) "Sewage" means the water-carried human waste from residences, buildings, industrial establishments or other places;. (64) "Shellfish harvesting waters" means waters that are actual or potential areas for the harvesting of shellfish including oysters, softshell clams, and brackish water clams. (65) "Sinking agents" means those chemicals or other agents that can physically sink oil below the water surface. (66) "Slop" means a mixture of oil, water and sediment. (67) "Sludge" means the settleable solids that are naturally present in waters and wastewaters, or that are derived from nonsettleable matter by chemical coagulation and precipitation and by biological flocculation and precipitation. (68) "Sorbent" means any substance that takes up and holds oil by either adsorption or absorption. (69) "Source" means any building, structure, facility, or installation from which there is, or may be, a discharge of pollutants. (70) "Spill (spilling)" means any loss of control or release of oil or other hazardous substance, such that moves or is capable of moving into the aquatic environment. -38- ------- Maryland (71) "Standard of performance" means a standard for the control of (con't) the discharge of pollutants which reflects the greatest degree of effluent reduction achievable through application of the best available demonstrated control technology, processes, operating methods, or other alternatives as such are established by the State or the EPA. (72) "State" m ans the State of Maryland. (73) "State Discharge Permit" means a permit to discharge pollutants into waters of the State, issued by the Administration pursuant to Section 8-1413 of the Natural Resources Article, Annotated Code of Maryland (1974 Volume) and Section 402 of the Federal Water Pollution Control Act Amendments of 1972, or amendments thereto. (74) "Stream flow" means the nontidal water movement that occurs in a natural channel. (75) "Subbasin" means one of the nineteen watershed areas delineated by the Maryland Department of Natural Resources, and comprising, in sum total, the surface waters of the State. (76) "Thermal barrier" means a pattern of artificially created tempe- rature change and distribution. (77) "Toxic materials" means any liquid, gaseous, or solid substance or substances in such concentration which, when applied to, discharged to, or deposited in the waters of the State, may exert a poisonous effect detrimental to man or to the propagation, cultivation or conservation of animals, fish, or other aquatic life. (78) "Tramsmissivity" (of an aquifer) means the rate at which water of the prevailing kinematic viscosity is transmitted through a unit width of the aquifer under a unit hydraulic gradient. (79) "Transport" means a tractor-trailer vehicular unit, usually at 5,000 gallons capacity or greater. (80) "Treatment works" means any plant or other works used for the purpose of treating or stabilizing wastes. (81) "Truck tank" means a self-contained vehicular unit (meaning the automotive power and the hauling capacity are contained in one complete package). A truck tank my be of any capacity up to the road limitation on axle weights, approximately 3,200 gallons on two axles. (82) "Underground waters (Groundwater)" means water below the surface of the ground. (83) "Vessel" means every watercraft or other artificial contrivance used or capable of being used, as means of transportation on the waters of the State. -39- ------- Maryland (con't) Massachusetts 19 (84) "Waste load allocation" means the identification and allotment by the Administration, as necessary to achieve compliance with Water Quality Standards, of quantities of residual wastes which may be discharged from point sources. This allotment shall include consideration of seasonal variations, a margin of safety, and the contribution to non-point sources. (85) "Wastes" means industrial wastes and all other liquid, gaseous, solid or other substances which will pollute any waters of the State. (86) "Wastewaters" means any liquid waste substance derived from industrial, commercial, municipal, residential, agricultural, recrea- tional or other operations or establishments, and any other liquid waste substance containing liquid, gaseous, or solid matters and having characteristics which will pollute any waters of the State. (87) "Water class unit" means a distinct portion of a subbasin. (88) "Water quality limited waters" means shellfish waters and other waters of the State for which Best Practicable Control Technology Currently Available for industrial discharges and secondary treat- ment for sewage discharges is not sufficiently stringent to maintain applicable water quality standards. (89) "Watercourse" means a specific body or channel of water which is part of the waters of the State. (90) "Waters" means the liquid substance which is derived from* a ground water source, or a surface source, or a piped supply - or any combination thereof - which will be discharged, without change in quality, into the waters of the State, with the exception of storm water runoff. (91) "Waters of the State" includes both surface and underground waters within the boundaries of the State subject to its jurisdiction, including that portion of the Atlantic Ocean within the boundaries; of the State, the Chesapeake Bay and its tributaries, and all ponds, lakes, rivers, streams, public ditches, tax ditches, and public drainage systems within the State, other than those designed and used to collect, convey or dispose of sanitary sewage. The flood plain of free-flowing waters determined by the Department on the basis of the 100-year flood frequency is included as waters of the State. Artificial conditions - Those conditions resulting from human altera- tion of the chemical, physical or biological integrity of waters. Beneficial use - Any use not impairing the most sensitive use designated in the classification tables contained in Part' 5; except that in no case shall the assimilation or transport of pollutants be deemed a beneficial use. Cold water fishery - Waters whose quality is capable of sustaining a year-round population of cold water trout (salmonidae). -40- ------- Massachusetts (con't) Michigan 20 Division - The Massachusetts Division of Water Pollution Control, as established by General Laws c 21,1 26. Discharge - Any addition of any pollutant to the waters of the Commonwealth. EPA - The United States Environmental Protection Agency Federal Act - The Federal Water Pollution Control Act, as amended, 33 U.S.C.111251, et seq. Massachusetts Act - The Massachusetts Clean Waters Act, as amended, General Laws, c 21,1126-53, inclusive Pollutant - An 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. Primary contact recreation - Any recreation or other water use, such as swimming and water skiing, in which there is prolonged and intimate contact with the water sufficient to constitute a health hazard. Seasonal cold water fishery - Waters whose quality is capable of sustaining only an extremely limited cold water population on a year- round basis, with cold-water fish in these streams provided largely by stocking. Secondary contact recreation - Any recreation or other water use in which contact with the water is either incidental or accidental, such as fishing, boating and limited contact incident to shoreline activities. Segment - A finite portion of a water body established by the Division for the purpose of classification. Warm water fishery - Waters whose quality is not capable of sustaining a year-round cold water or seasonal cold water fishery. Waters of the Commonwealth - All waters within the jurisdiction of the Commonwealth, including, without limitation, rivers, streams, lakes, ponds, springs, impoundments, estuaries and coastal waters, but not including groundwaters. R 323.1043. Definitions A to N. Rule 1043. As used in this part. (a) "agricultural water use" means a use of water for agricultural purposes, including but not limited to livestock watering, irrigation and crop spraying. -41- ------- Michigan (b) "Application factor means a numerical factor applied to the TL , (con't) or concentration producing other effect end points to provide the concentration of a toxic substance that would be safe for test organisms in the waters of the state. (c) "Best practicable waste treatment technology for control of total phosphorus?1 means chemical-physical or chemical-physical-biological treatment processes, including but not limited to treatment with aluminum salts, iron salts, or lime in conjunction with appropriate coagulant chemicals, settling or filtration or both, with operation and management of the treatment facilities and the process to achieve optimum phosphorus removal rates, or equivalent treatment. (d) "Anadromous salmonids" means those trout and salmon which ascend streams to spawn. (e) "Coldwater fish" m ans those fishspecies whose populations thrive in relatively cold water, including but not limited to trout, salmon, whitefish, and Cisco. (f) "Connecting waterways" means the St. Marys river, Keweenaw waterway, Detroit river, St. Glair river and lake St. Clair. (g) "Designated use" means a use of the waters of the state as established by these rules, including but not limited to industrial, agricultural and public water supply; recreation; fish, and other aquatic life and wildlife; and navigation. (h) "Dissolved oxygen" means the amount of oxygen dissolved in water, commonly expressed as a concentration in terms of milligrams per liter. (i) "Dissolved solids" means the amount of materials dissolved in water commonly expressed as a concentration in terms of milligrams per liter. (j) "Effluent" means a wastewater discharged from a point source to the waters of the state. (k) "Fecal coliform" means a type of coliform bacteria found in the intestinal tract of humans and other warm-blooded animals. (1) "Fish, other aquatic life, and wildlife use" means the use of the waters of the state by fish, other aquatic life and wildlife for any life history stage or activity. (m) "Industrial water supply" means a water source not protected for public water supply and intended for use in commercial or industrial applications and non-contact food processing. (n) "Mixing zone" means a region of a water body which receives a wastewater discharge of a different quality than the receiving waters, and within which the water quality standards as prescribed by these rules do not apply. -42- ------- Michigan (o) "Natural water temperature" means the temperature of a body of (con't) water without an influence from an artificial source, or a tempera- ture as otherwise determined by the Commission. R 323.1044. Definitions P to W Rule 1044. As used in this part. (a) "Palatability" means the state of being agreeable or acceptable to the senses of sight, taste, or smell. (b) "Plant nutrients1' means those chemicals, including but not limited to nitrogen and phosphorus, necessary for the growth and reproduction of aquatic rooted, attached, and floating plants, fungi, or bacteria. (c) "Point source" means a discernible, confined, and discrete conveyance from which wastewater is or may be discharged to the waters of the state, including but not limited to, a pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, concen- trated animal feeding operation or vessel or other floating craft. (d) "Public water supply" means a surface raw water source which, after conventional treatment, will provide a safe, clear, potable, and aesthetically pleasing water for uses which include, but are not limited to human consumption, food processing and cooking, and as a liquid ingredient in foods and beverages. (e) "Raw water" means the waters of the state prior to any treatment. (f) "Receiving waters" means the waters of the state into which an effluent is, or may be discharged. (g) "Sanitary sewage" means treated or untreated wastewaters which contain human metabolic and domestic wastes. (h) "Standard" means a definite numerical value OF narrative statement promulgated by the commission to enhance or maintain water quality to provide for, and fully protect, a designated use of the waters of the state. (i) "Suspended solids" means the amount of material suspended in water, commonly expressed as a concentration in terms of milligrams per liter. (j) "TL " means median tolerance limit which is the concentration of a tesimaterial in a suitable diluent at which 50% of the exposed organisms survive for a specified period of exposure. (k) "Total body contact recreation" means an activity where the human body may come into direct contact with water to the point of complete submergence, including, but not limited to, activities such as swimming, water skiing, and skin diving. -43- ------- Michigan (con't) Minnesota 21 Mississippi .22 Missouri .D jfl) "Toxic substances" means substances of unnatural origin, except heat, in concentrations or combinations which are or may become harmful to plant or animal life. (m) "Warmwater fish" means those fish species whose populations thrive in relatively warm water, including but not limited to, bass, pike, walleye, and panfish. (n) "Wastewater" means liquid waste resulting from commercial, municipal, and domestic operations and industrial processes, including but not limited to, cooling and condensing waters, sanitary sewage, and industrial waste. (o) "Waters of the state" means the Great Lakes, their connecting waterways, all inland lakes, rivers, streams, impoundments, open drains, and other surface watercourses within the confines of the state, except drainage ways and ponds used solely for waste water conveyance, treatment, or control. The terms "waters of the state" for the purposes of this regulation shall be construed to mean intrastate waters as herein below defined, and the terms "sewage", "industrial waters," and "other wastes." as well as any other terms for which definitions are given in the Water Pollution Control Statutes, as used herein have the meanings ascribed to them in Minnesota Statues, Sections 115.01 and 115.41, with the exception that disposal systems or treatment works operated under permit of the Agency shall not be construed to be "waters of the state" as the term is used herein. Interstate waters are defined as all rivers, lakes, and other waters that flow across or form part of state boundaries. All of the remaining designated waters of the state which do not meet the definition of interstate waters given above are to be construed herein as constituting intrastate waters. Other terms and abbreviations used herein which are not specifically defined in applicable federal or state law shall be construed in conformance with the context, and in relation to the applicable section of the statutes pertaining to the matter at hand, and current professional usage. Not specified (A) Waters of the State: All rivers, streams, lakes and other bodies of surface and subsurface water lying within or forming a part of the boundaries of the state which are not entirely confined and located completely upon lands owned, leased or otherwise controlled by a single person or by two or more persons jointly or as tenants in common and includes water of the United States lying within the state. (B) Stream-flow classification 1. Class P: Streams that maintain permanent flow even in drought periods. -44- ------- Missouri 2. Class PI: Standing-water reaches of Class P streams, including (con't) impoundments. 3. Class C: Streams that may cause flow in dry periods, but maintain permanent pools which support aquatic life. (C) Water quality criteria: Chemical, physical, and biological properties of water that are necessary to protect beneficial water uses. (D) Beneficial water uses: 1. Irrigation: Application of water to cropland or directly to plants that may be used for human or livestock consumption. Occassional supplemental irrigation, rather than continuous irrigation, is assumed. 2. Livestock watering and wildlife watering (LW,WW): Maintenance of conditions to support health in livestock and wildlife. 3. Protection of warm-water aquatic life: Maintenance of conditions to sustain warm-water fish and other warm-water aquatic life, including critical stages of reproduction and early life. It will include warm-water sport fishing. 4. Coldwater sport fishery (CWSF): Maintenance of conditions to support the propagation or stocking of trout. 5. Whole-body contact recreation (WBCR): Activities in which there is direct human contact with the raw surface water to the point of complete body submergence. The raw water may be ingested accidentally and certain sensitive body organs, such as the eyes, ears, and the nose, will be exposed to the water. Although the water may be ingested accidentally, it is not intended to be used as a potable supply unless acceptable treatment is applied. Water so designated is intended to be used for swimming, water skiing or skin diving. 6. Drinking water supply (DWS): Maintenance of a raw water supply which will yield potable water by common treatment processes. 7. Industrial process water and industrial cooling water: Water to support various industrial uses; since quality needs will vary by industry, no specific criteria are set in these standards. 8. Commercial Fishery: Aquatic life criteria and Food and Drug Administration limits for fish consumption are applicable. 9. Boating and canoeing: Activities in which very little contact with water is assumed. (E) Outstanding national resource waters: Waters which have out- standing recreation and ecological significance. These waters shall receive special protection against any degradation in quality. Rivers of the Ozark National Scenic Riverways and the Wild and Scenic Rivers systems are so designated. -45- ------- Missouri (con't) Montana 23 (F) Epilimnion: Zone of atmospheric mixing in a thermostratified lake. (G) Hypolimnion: Zone beneath the zone of atmospheric mixing in a ther mo stratified lake.- (H) Aquifer: A subsurface water-bearing bed or stratum of sand, gravel or bedrock which stores or transmits water in recoverable quantities. (I) Losing stream: A stream which distributes 30% or more of its flow through natural processes, such as through permeable subsoil and/or cavernous bedrock, into groundwater. (J) Fecal coliform bacteria: A group of bacteria present in intestines. of warm-blooded animals which indicates the possible presence of pathogenic organisms. (K) Un-ionized ammonia: The toxic form of ammonia; higher pH and higher temperature will cause a larger percentage to exist in the un- ionized form. (L) 96-Hour LC^ (TLm): Concentration of a toxicant which would be expected to kill 50% of the individuals of the test species in 96 hours. (M) Regulated-flow streams: A stream that derives a majority of its flow from a flow-regulating structure. (N) Mixing zone: An area of initial dilution of effluent in the receiving water. (O) Zone of passage: A continuous water route of the volume, area and quality necessary to allow passage of free-swimming and drifting organisms with no significant effects produced on their populations. (P) 7-day, once-in-ten-year low flow (7-day, Q10): The average minimum flow for seven consecutive days that has a recurrence interval of once in ten years. Unless statutory definition or the context otherwise requires in this rule: "Conduit" means any artificial or natural duct, either open or closed, for conveying liquids or other fluids. "Dewatered stream" means a perennial or intermittent stream whose water has been removed for one or more beneficial uses. "EPA" means the U. S. Environmental Protection Agency. "Intermittent stream" means a stream or portion of a stream that flows only in direct response to precipitation; it receives little or no water from springs and no long-continued supply from melting snow or other sources. -46- ------- Montana (con't) "Naturally occurring" means conditions or material present from runoff or percolation over which man has no control or from developed land where all reasonable land, soil and water conservation practices have been applied. Conditions resulting from dams in existence as of July 1, 1971 are natural. "Mixing zone" means that volume of state water wherein any pollutant may exceed allowable water quality standards. "Pesticide" means insecticides, herbicides, rodenticides, fungicides or any substance or mixture of substances intended for preventing, destroying, controlling, repelling, altering life processes, or miti- gating any insects, rodents, nematodes, fungi, weeds and other forms of plant or animal life. "Residue" means oils, floating solids and sludge deposits. "Sediment" means solid material settled from suspension in a liquid; mineral or organic solid material that is being transported or has been moved from its site of origin by air, water or ice and has come to rest on the earth's surface, either above or below sea level; or inorganic or organic particles originating from weathering, chemical precipitation or biological activity. "Settleable solids" means inorganic or organic particles that are being transported or have been transported by water from the site or sites of origin and are settled or are capable of being settled from suspension. "Sewer" means a pipe or conduit that carries wastewater or drainage water. "State waters" means any body of water, irrigation system or drainage system, either surface or underground. This section shall not apply to irrigation waters where the waters are used up within the irrigation system and said waters are not returned to any other state waters. The term "state waters" as used in this rule does not include underground waters. "Storm sewer" or "storm drain" means a sewer that carries storm water and surface water, street wash and other wash waters, or drainage but excludes sewage and industrial wastes. "True color" means the color of water from which the turbidity has been removed. Nebraska 24 "Turbidity" means a condition in water or wastewater caused by the presence of suspended matter resulting in the scattering and absorption of light rays. Not specified -47- ------- 25 Nevada "Act" means the Federal Water Pollution Control Act Amendments of 1972 (33 U.S.C. 1251, et. seq) "Administrator" means the administrator of the U.S. Environmental Detection Agency. "Aquatic Animal Production Facility" means a hatchery, fish farm or other facility which contains, grows, or holds: Fish or other aquatic animals in ponds, raceways, or other similar structures for purposes of production and from which there is a discharge on any 30 days or more per yer>r, but does not include: Closed ponds which discharge only during periods of excess runoff, or Facilities which produce less than 20,000 pounds of aquatic animals per year; Any species of fish or other animal life (other than carp (Cyprinum carpio), goldfish (Carassius auratus), or brown trout (Salmo trutta) nonnative to the United States as defined in "Special Publication No. 6" of the American Fisheries Society entitled, "A List of Common and Scientific Names of Fishes from the U. S. and Canada", and from which there is a discharge at any time. "Commission" means the state environmental commission. "Complete treatment" means that degree of treatment which is required to continuously produce water which meets State Board of Health drinking water standards. "Conventional treatment" means processes such as coagulation, sedi- mentation, filtration, and disinfection; however, it does not include desalting techniques. "Department means the Department of Conservation and Natural Resources. "Director" means the Director of the Department or his designee. "Discharge" means any addition of a pollutant or pollutants to water. "Disinfection" means the destruction or inactivation of disease- producing organisms. "Division" means the division of environmental protection of the Department of Conservation and Natural Resources. "Effluent limitation" means any applicable state or federal water quality standard or limitation, which imposes any restriction or prohibition on quantities, rates or concentrations of chemical, physical, biological, and other constituents which are discharged from point sources into any waters of the state. -48- ------- Nevada "Filtration" means a physical-chemical process for removing (con't) suspended and colloidal impurities from water by passage through a porous medium by the following mechanisms: absorption, floccu- lation, sedimentation, and straining. "Individual sewage disposal system" means a system of sewage treatment tanks or tank and effluent absorption or percolation facilities serving a single-dwelling or structure. "Industrial wastes" means wastes resulting from any process of industry, manufacturing, trade or business, or from the development or recovery of any natural resources. "Interstate agency" means any agency of two or more states: Established by or pursuant to an agreement or compact approved by the Congress of the United States or; Having susbstantial powers or duties pertaining to the control of pollution of waters. "Law" means NRS 445.131 to NRS 445.354, inclusive. "Minor discharge" means any discharge which (1) has a total volume of less than 50,000 gallons on every day of the year, (2) does not affect the waters of any other state, and (3) is not identified by the director, the regional administrator, or by the administrator as a discharge which is not a minor discharge. If there is more than one discharge from a facility and the sum of the volumes of all discharges from the facility exceed 50,000 gallons on any day of the year, then no discharge from the facility is a minor discharge as defined herein. "Municipality" means Any city, town, county, district, association, or other public body created by or pursuant to the law of this state, which has jurisdiction over disposal of sewage, industrial wastes or other wastes; or An Indian tribe or an authorized Indian tribal organization. "NPDES" means the National Pollutant Discharge Elimination System, which is the national system for the issuance of permits under Section 402 of the Act. "Natural waters" means waters which have not been degraded or enhanced by actions attributable to man. "New source" means any source, the construction of which is commenced after the publication of proposed regulations prescribing a standard of performance under Section 306 of the Act which will be applicable to such source, if such standard is thereafter promulgated in accordance with Section 306 of the Act. -49- ------- Nevada "Origin" means all waters tributary to those waters being classified (con't) and are considered a part of the waters being classified unless otherwise designated. "Permit" means a written authorization to discharge pollutants into the waters of the stae in accordance with the Act, the law, and the regulations promulgated thereunder. "Person" means: The state or any agency or institution thereof, any individual, partnership, firm, private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, municipality or other political subdivision of this state, any interstate body or any other legal entity. Includes the United States, to the extent authorized by federal law. "Point source" means any discernible, confined and discrete conveyance, including but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel or other floating craft, from which pollutants are or may be discharged. "Pollutant" means: Dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, and radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, and industrial, municipal, and agricultural waste discharge into water: Does not mean water, gas, or other material which is injected into a well to facilitate production of oil or gas, or water derived in association with oil or gas production and disposed of in a well, if the well is used either for facilitating production or for disposal purposes and if the Department determines that such injection or disposal will not result in the degradation of ground or surface water resources. "Pollution" means the man-made or man-induced alteration of the chemical, physical, biological, and radiological integrity of water. "Pretreatment standards" means the standards promulgated under Section 307(b) of the Act. "Refuse Act application" means the application for a permit under Section 13 of the Rivers and Harbors Act of March 3, 1899. "Regional Administrator" means the Regional Administrator of the United States Environmental Protection Agency, Region IX. -50- ------- Nevada "Sewage" means the water-carried human or animal waste from (con't) residences, building, industrial establishments, feedlots, or other places, together with such groundwater infiltration and surface water as may be present. The mixture of sewage with wastes and/or industrial wastes shall also be considered sewage within the meaning of these regulations. "Source" m ans any building, structure, facility, or installation from which there is or may be the discharge of pollutants. "Standard of performance" means a standard for the control of the discharge of pollutants which reflects the greatest degree of effluent reduction which the Administrator determines to be achievable through application of the best available demonstrated control tech- nology, processes, operating methods, or other alternatives, including, where practicable, a standard permitting no discharge of pollutants. "Toxic materials" means any material appearing on the list developed by the Administrator pursuant to Section 307(a) of the Act. "Treatment or waste treatment" means the stabilization or alteration of the quality of waste waters by physical, biological, or chemical means, or a combination thereof, for the purpose of reducing or eliminating adverse effects on water quality, such that the tendency of said wastes to cause any degradation in water quality or other environmental conditions is reduced or eliminated. "Treatment works" means: Any devices and systems used in the storage, treatment, recycling, and reclamation of municipal sewage or industrial wastes of a liquid nature, including intercepting sewers, outfall sewers, sewage collection systems, pumping, power and other equipment, and their appurtenances: Extensions, improvements, remodeling, additions, and alterations of any device or system mentioned above Units essential to provide a reliable recycled supply such as standby treatment units and clear well facilities; Any works, including site acquisition of the land that will be an integral part of the treatment process or is used for ultimate disposal of residues resulting from such treatment; and Any other method or system for preventing, abating, reducing, storing, treating, separating or disposing of municipal waste, including storm water runoff, industrial waste or waste in combined storm water and sanitary sewer systems. -51- ------- Nevada "Water quality standard or limitations" means any applicable state (con't) or federal water quality standards or limitations, including but not limited to water quality criteria, water use classifications, imple- mentation plans and compliance schedules, effluent standards and limitations, prohibitions, standards of performance and pretreatment methods. "Waters of the state" means all water situated wholly or partly within or bordering upon the state, including but not limited to: All streams, lakes, ponds, impounding reservoirs, marshes, water courses, waterways, wells, springs, irrigation systems, and drainage systems, and All bodies or accumulations of water, surface and underground, natural or artificial. "Zone of mixing" means the volume of water near the point of waste discharge within which the water immediately mixes with the receiving water due to the momentum of the waste discharge and the difference in density between the waste and the receiving water. "Zone of passage" means a continuous water route of the volume, cross-sectional area, and quality necessary to allow passage of free- swimming and/or drifting organisms with no significant effect produced on the aquatic population. 9fi New Hampshire Antidegradation Policy: A policy which protects the current high water quality use even though the water may be classified for a lesser use. For example, a water body currently meeting the stan- dards and used for swimming purposes cannot be degraded to a lesser use even if classified "C" Coliform Organisms: Any of a number of organisms whose presence in water is a possible indication of potentially dangerous bacterial contamination emanating from human and animal wastes. Disinfection: the killing of the larger portion (but not necessarily all) of the harmful and objectionable microorganisms, in or on, a medium by means of chemicals, heat, ultraviolet light, etc. Chlorination is the method commonly employed in water and sewage treatment processes. Dissolved Oxygen (DO): The oxygen dissolved as a gas in sewage, water or other liquid usually expressed in milligrams per liter (mg/1), parts per million (ppm) or percent saturation., Adequate dissolved oxygen levels are necessary in waters to protect fish and other aquatic life and to prevent offensive odors. Low dissolved oxygen concentrations are generally due to excessive organic solids dis- charged as a result of inadequately treated waste (having high BOD); excessive algal growths may cause vastly fluctuating dissolved oxygen levels. Other factors such as temperature and water move- ment also have an impact on dissolved oxygen levels. -52- ------- New Hampshire (con't) New Jersey 27 pH: The index of hydrogen ion activity, used as an indication of acidity or alkalinity in water. The pH of most waters ranges from 6.5 to 8.5, and most uses of water, such as aquatic life propagation, prosper at these levels. Pollutant: Any introduced gas, solid or liquid matter which renders a resource unfit for a specific use. Surface Waters of the State: Streams, lakes, ponds and tidal waters within the jurisdiction of the State, including all streams, lakes or ponds bordering on the State, marshes, water courses and other bodies of water, natural or artificial. Sewage: The water-carried waste products from buildings, public or private, together with such ground water infiltration and surface water as may be present. Temperature: A measure of heat content. Extreme temperatures primarily affect the aquatic life use of waters. While temperature is affected by natural conditions, man has a significant effect by the construction and operation of dams and the discharge of cooling waters from industrial processes, particularly power generation. Toxic Materials: Poisonous compounds which kill, injure or impair an organism usually through chemical actions. Examples of toxic materials are pesticides and many heavy metals. Warm- and Cold-Water Fish: Warm-water fish include bass, sunfish, cat-fish, suckers, etc: cold water fish include salmon and trout, whitefish, smelts, shad, etc. Waste: Unused, unwanted, or otherwise rejected matter. The following words and terms shall have the following meanings unless the context clearly indicates otherwise. Agricultural Water Supply - Water used for livestock or irrigation. Ambient Temperature The temperature of a water body unaffected by the localized heated waste discharge or discharge complex. Anadromous Fish Fish that spend a part of their lives in the sea or lakes, but ascend rivers to spawn. Aquatic Substrata Soil material and attached biota underlying the water. Biota The animal and plant life of the region; flora and fauna collectively Department New Jersey Department of Environmental Protection. -53- ------- New Jersey Epilimnion The upper warm region of a stratified body of water (con't) which is freely circulating and extends from the surface to the thermocline and does not have a permanent temperature stratification. Eutrophic Lake Lakes with a good supply of nutrients; they may support rich organic production, such as algae blooms and are commonly deficient in dissolved oxygen below the thermocline when stratified. Heat Dissipation Area Localized area of surface water, as may be designated by the Department, into which thermal effluents may be discharged for the purpose of mixing, dispersing or dissipating such effluents without creating nuisances or hazardous conditions. Hypolimnion The lower cold region of a stratified body of water that extends from the thermocline to the bottom of the lake and is cut off from circulation with the upper waters, thereby receiving no oxygen from the amosphere while stratified. Industrial Water Supply Water used for processing and cooling. Mixing Areas -- Localized areas of surface waters, as may be designated by the Department, into which non-thermal wastewater effluents may be discharged for the purpose of mixing, dispersing or dissipating such effluents without creating nuisances or hazardous conditions. Natural Temperature Temperature that would exist in a waterway without the addition of heat of artificial origin. Nontrout Waters Waters, that because of their physical and/or chemical and/or biotic characteristics, are not suitable for trout but which, in general, are suitable for a wide variety of other fish species. Primary Contact Recreation Recreational activities that involve significant ingestion risks and including but not. limited to wading, swimming, diving, surfing, and water skiing. Secondary Contact Recreation Recreational activities where the probability of significant contact or water ingestion is minimal and including but not limited to boating, fishing;, and those other activities involving limited contact with surface waters incident to shoreline recreation. Stream Temperature Temperature of a stream outside of the designated heat dissipation area. Surface Water Classifications Surface waters of this State identified as Fresh (FW), Tidal (TW) and Coastal (CW). This includes both interstate and intrastate waters. -54- ------- New Jersey (con't) New Mexico 28 Thermocline The middle layer of a stratified body of water in which the drop in temperature equals or exceed 1.8 degrees F (1 degree C) per meter of depth. Thermal Alterations -- The increase or decrease in temperature of surface waters above or below the natural that may be caused by the activities of man. Trout Maintenance Waters Waters that support trout throughout the year or which have high potential for such use pending the correction of short term environmental alterations. Waters in which the biotic community is manipulaxed for the purpose of trout maintenance and which are otherwise not naturally suited for such purposes are not included. Trout Production Waters Waters that are used by trout for spawning and/or nursery purposes during their first summer; or which are considered to have high potential for such use pending the correction of short term environmental alterations. Wildlife All undomesticated animals or fowl. Coldwater fishery - A stream reach, lake or impoundment where the water temperature and other characteristics are suitable for the support of coldwater fishes such as brown, cutthroat, brook, or rainbow trout. cfs - Cubic feet per second Domestic Water Supply - A surface water used for drinking or culinary purposes with minimal treatment; for example, by recrea- tional users or residents of mountain areas. (Note: Although bacterial quality in mountain streams is generally good and the ingestion of disease-causing organisms is unlikely, disinfection of these waters is recommended prior to human consumption in light of increasing recreational and grazing activity in mountain watersheds). Fecal Coliform - The portion of the coliform group which is present in the gut or the feces of warmblooded animals. It generally includes organisms which are capable of producing gas fdr^om lactose broth in a suitable culture medium with 24 hours at 44.5° - 0.05 C. Fish Culture - Production of cold or warm water fish in a hatchery or rearing station. FTU - Formazin Turbidity Units (see Standard Methods for the Examination of Water and Wastewater). High Quality Coldwater fishery - A perennial stream reach in an essentially primordial condition which has considerable esthetic value. A stream which is a superior coldwater fishery habitat. -55- ------- New Mexico (con't) New York 29 Interstate Waters - All waters which cross or form a part of the border between States. Intrastate Waters - All waters of the State which are not interstate waters. LC-50 - The concentration of a substance that is lethal to 50% of the test organisms within a defined time period. Limited Warmwater Fishery - A stream reach where intermittent flow may severely limit the ability of the reach to sustain a natural fish population on a continuous annual basis; or a stream where historical data indicates that water temperature may exceed 32.2 C (90°F). Marginal Coldwater Fishery - A stream reach, lake or impoundment known to support a coldwater fish population during at least some portion of the year, even through historical data indicates that the maximum temperature in the stream may frequently exceed 20°C (68°F). Milligrams per liter (mg/1) - Milligrams of solute per liter of solution; equivalent to parts per million when specific gravity of solute = 1.000. Primary Contact - Any recreational or other water use in which there is prolonged and intimate contact with the water, such as swimming and water skiing, involving considerable risk of ingesting water in quantities sufficient to pose a significant health hazard. Secondary Contact - Any recreational or other water use in which contact with the water is either incidental or accidental and in which the probability of ingesting appreciable quantities of water is minimal, such as fishing, commercial and recreational boating and any limited contact incident to shore line activity. IDS - Total dissolved solids. Warmwater Fishery - A stream reach, lake or impoundment where the water temperature and other characteristics are suitable for the support of warmwater fishes such as large-mouth black bass, small- mouth black bass, crappie, white bass, bluegill, flathead catfish, or channel catfish. Industrial water supply, municipal and industrial water supply, live- stock and wildlife watering, irrigation storage, municipal and indus- trial water storage are self explanatory and no definitions are needed. (a) Commissioner shall mean the Commissioner of the Department of Environmental Conservation. -56- ------- New York (b) Administrator shall mean the Administrator of the United States (con't) Environmental Protection Agency. (c) Best usage of waters as specifed for each class shall be those uses as determined by the commissioner and the administrator in accor- dance with the considerations prescribed by the Environmental Conservation Law and Public Law 92-500. (d) Approved treatment as applied to water supplies shall mean treatment accepted as satisfactory by the authorities responsible for exercising supervision over the sanitary quality of water supplies. (e) Source of water supply for drinking, culinary or food processing purposes shall mean any source, either public or private, the waters from which are used for domestic consumption or used in connection with the processing of milk, beverages or foods. (When water is taken for public drinking, culinary or food processing purposes, refer to New York State Department of Health regulations 10 NYCRR 170). (f) Primary contact recreation shall mean recreational activities where the human body may come in direct contact with raw water to the point of complete body submergence. Such uses include swim- ming, diving, water skiing, skin diving and surfing. (g) Secondary contact recreation shall mean recreational activities where contact with the water is minimal and where ingestion of the water is not probable. Such uses include but are not limited to fishing and boating. (h) Saline surface waters shall mean all waters which are so desig- nated by the commissioner. (i) International boundary waters shall mean those waters to which the water quality standards developed and adopted pursuant to the Boundary Water Treaty of 1909 and the Great Lakes Quality Agree- ment of 1972 apply. (j) Sewage, industrial waste and other wastes shall have the meanings given in section 17-0105 of the Environmental Conservation Law. (k) Estuary shall mean the tidal portion of a river or stream. (1) A thermal discharge is one which results or would result in a temperature change of the receiving water. (m) Heat of artifical origin shall mean all heat from other than natural sources including but not limited to, cumulative effects of multiple and proximate thermal discharges. (n) Coastal waters shall mean those marine waters within the terri- torial limits of the State other than estuaries and enclosed bays. Long Island Sound is designated as coastal waters for the purposes of thermal discharges. -57- ------- New York (con't) North Carolina 30 (o) Enclosed bays shall mean those marine waters within the terri- torial limits of New York State, other than coastal waters or estuaries, in which exchange of sea water is severely limited by barrier beaches. For the purposes of thermal discharges, the following are designated as enclosed bays: Jamaica Bay, Hempstead Bay, Great South Bay, Moriches Bay, Shinnecock Bay and Mecox Bay. (1) Source of water supply for drinking, culinary, or food-processing purposes shall mean any source, either public or private, the waters from which are used for human consumption, or used in connection with the processing of milk, beverages, food, or other purposes which require water meeting the maximum contaminant levels promulgated by the Environmental Protection Agency pursuant to the Public Health Service Act, 42 U.S.C. 201 et seq., as amended by the Safe Drinking Water Act, 42 U.S.C. 300 (f) et seq. (2) Approved treatment, as applied to water supplies, means treat- ment accepted as satisfactory by the health authorities responsible for exercising supervision over the sanitary quality of water supplies. (3) Primary recreation shall include swimming, skin diving, skiing, and similar uses involving human body contact with water where such activities take place in an organizd or on a frequent basis. (4) Secondary recreation shall include wading, boating, other uses not involving human body contact with water, and activities involving human body contact with water where such activities take place on an infrequent, unorganized, or incidental basis. (5) Fishing shall include the propagation of fish and such other aquatic life as is necessary to provide a suitable environment for fish. (6) Shellfish culture shall include the use of waters for the propa- gation, storage and gathering of oysters, clams, and other shellfish for market purposes. (7) Agricultural shall include the use of waters for stock watering, irrigation, and other farm purposes but not as sources of water supply for drinking, culinary, or food-processing purposes. (8) Waste disposal shall include the use of waters for the disposal of sewage, industrial waste, or other waste after approved treatment. (9) Tidal Salt Waters shall mean all tidal waters which are so designated by the Environmental Management Commission and which generally have a natural chloride ion content in excess of 500 parts per million. (10) Swamp Waters shall mean those waters which are so designated by the Environmental Management Commission and which are topo- graphically located so as to generally have very low velocities and certain other characteristics which are different from adjacent streams draining steeper topography. -58- ------- North Carolina (11) Offensive condition shall be construed to mean and include any (con't) condition or conditions resulting from the presence of sewage, industrial wastes, or other wastes within the waters of the state or along the shorelines thereof which shall either directly or indirectly cause foul or noxious odors, unsightly conditions, or breeding of abnormally large quantities of mosquitoes or other insect pests, or shall damage private or public water supplies or other structures, result in the development of gases which detroy or damage surround- ing property, herbage or grasses, or which shall affect the health of any person residing or working in the area. (12) Mountain and upper piedmont waters shall mean all the waters of the Hiwassee; Little Tennessee, including the Savannah River Drainage Area; French Broad; Broad; New: and Watauga River Basin and those portions of the Catawba River Basin above Lookout Shoals Dam and the Yadkin River Basin above the junction of the Forsyth, Yadkin and Davie County lines. (13) Lower piedmont and coastal plain waters shall mean those waters of the Catawba River Basin below Lookout Shoals Dam; the Yadkin River Basin below the junction of the Foysyth, Yadkin, and Davie county lines and all of the waters of Cape Fear; Lumber; Roanoke; Neuse; Tar-Pamlico; Chowan; Pasquotank; and White Oak River Basins, except tidal salt waters which are assigned "S" classifications. (14) Estuarine Waters shall mean those tidal salt waters assigned S classifications. (15) Best usage of waters as specified for each class shall be those uses as determined by the Environmental Management Commission in accordance with the provisions of Article 21, Chapter 143, General Statutes of North Carolina, as amended. (16) Parts per million and parts per billion as used herein shall be construed to mean milligrams per liter (mg/1), and micrograms per liter (ug/1), respectively, as defined in the latest edition of "Standard Methods for the Examination of Water and Wastewater," published by the American public Health Association, American Water Works Asociation, and Water Pollution Control Federation. (17) Present waste treatment technology shall mean for industrial wastewaters "Best Available Technology Economically Available," or "New Source Performance Standards" if applicable and more strin- gent, as published in the Federal Register. Where such limits have not been published or adopted they shall be established in accordance with 15 NCAC 2B .0405 (c). For municipal wastewater and other similar discharges greater than 15,000 gpd, present waste treatment technology shall be defined, for oxygen consuming wastes, as follows: Ammonia Nitrogen 2.0 mg/1 monthly average; 3.0 mg/1 weekly average BOD 5.0 mg/1 monthly average; 7.5 mg/1 weekly average -59- ------- North Carolina For municipal wastewater and other similar discharges equal to or (con't) less than 15,000 gpd, present waste treatment technology shall be defined, for oxygen consuming wastes, as follows: BOD 30 mg/1 monthly average; 45 mgA weekly average (18) 96-hour LC50 shall mean that concentrations of a toxicant which is lethal (fatal) to 50 percent of the organisms tested under the test conditions in a period of 96 hours. The 96-hour LC50 concentration for toxic materials shall be determined for a sensitive indigenous species in water conditions characteristic of the receivng waters by a review of existing experimental data or, if deemed necessary by the director of the division, by bioassays conducted by or in cooperation with the division. (19) Effluent channel shall mean a discernable confined and discrete conveyance which is used for transporting treated wastewater to a receiving stream or other body of water; provided that such channels shall: (a) Be contained entirely on property owned (or controlled by easement) by the discharger (to be demonstrated by the discharger). (b) Not contain natural waters except when such waters occur in direct response to rainfall events by overland runoff. (c) Be so constructed or modified to minimize the migration of fish into said channel. Effluent channels shall be identified and designated on a case-by-case basis prior to permit issuance. (20) Division shall meet the Division of Environmental Management or its successors. 31 North Dakota 02.201 Water Usage The best usage for the waters shall be those uses determined to be the most consistent with present and potential uses in accordance with the economic and social development of the area. Present principal best uses are those defined in parts 1,2,3, and 4, of this Section, but are not to be construed to be the only possible usages permitted. (1) Recreation, Fishing and Wildlife Waters that are suitable for the propagation and/or support of fish and other aquatic life; that will not adversely affect wildlife in the area; and are suitable for boating and swimming.* *Natural high turbidities in some waters and physical charactericts of banks and stream beds of many streatms are factors that limit their values for bathing. Low flows or natural physical and chemical conditions in some waters may limit their value for fish propagation or aquatic life. -60- ------- North Dakota (2) Municipal and Domestic Water Waters that are suitable for use (con't) as a source of water supply for drinking and culinary purposes after treatment to a level approved by the State Health Department. (3) Industrial Water - Waters that are suitable for industrial purposes, including food processing, after treatment. Treatment may include that necessary for prevention of boiler scale and corrosion. (4) Agricultural Uses Water suitable for irrigation, stock watering, and other agricultural uses, but not suitable for use as a source of domestic supply for the farm unless satisfactory treatment is provided. 02.202 Pollution Pollution shall mean such contamination; or other alteration of the physical, chemical, or biological properties, of any waters of the State, including change in temperature, taste, color, turbidity, or odor of the waters; or such discharge of any liquid, gaseous, solid, radioactive, or other substance into any waters of the State as will or is likely to create a nuisance or render such waters harmful, detrimental, or injurious to public health, safety, or welfare, or to domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses, or to livestock, wild animals, birds, fish, or other aquatic life. oo Ohio (A) Ambient Water Temperature is the special (longitudinal lateral and vertical) and temporal water temperature structure that is actually measured before a specific waste heat discharge, and is outside the influence of any thermal mixing zone. (B) Application factor is a numerical value applied to the LC50 or other bioassay test end point. It provides the concentration of an effluent or toxic substances that would be safe for aquatic organisms in the waters of the state. (C) Average Temperature represents the arithmetic mean of multiple, equally spaced, daily average temperatures over a consecu- tive 15 or 30 day period. (D) Coldwater Fish are those species of fish that thrive in relatively cold water. These species include, but are not limited to Salmon and Trout (Salmonidae), Sculpins (Cottidae), and certain Minnow (Cyprinidae)species. (E) Confluence is the point where two cr more bodies of water flow together. (F) Daily Average Temperature is the arithmetic mean of multiple, equally spaced, temperature measurements to be taken at least once per hour during a 24-hour day. (G) Degradation is a lowering of the existing water quality in the surface waters of the state as a result of the activities of man, due to physical changes, chemical, biological or thermal discharges from both point and non-point sources. -61- ------- Ohio (H) Designated Use is a use of the surface waters of the state, (con't) established by the Water Quality Standards, Chapter 3745-1 of the Ohio Administrative Code. (I) Director is the Director of the Ohio Environmental Protection Agency. (J) Discharge is the addition of any pollutant to the waters of the state from a point source. (K) Dynamic Bioasay is a determination of the biological effect of a substance, factor or condition employing living organisms or cells as the indicator in a continuous flow-through system. (L) Endangered Species are those aquatic species of the statefe biota which are threatened with statewide extinction, as listed in Rule 1501:31-23-01 or the Ohio Administrative Code. (M) Estuary is the section of a Lake Erie tributary at the mouth where tributary and Lake Erie waters mix. This area is characterized by flow reversals, seiche influences and is generally located between the farthest downstream riffle of the tributary and Lake Erie proper. All tributaries of estuaries shall be considered estuaries below the Lake Erie mean high water level. (N) Fecal Coliform is the portion of the coliform group which is present in the intestinal tract of warm-blooded animals, and is usually evidence of the presence of human or animal waste. (O) Geometric Mean is the Nth root of the product of N quantities. (P) Headwaters is the source or beginning of a stream. (Q) LC50 is the concentration of a test material in a suitable dilutant at which 50 per cent of the exposed organisms die in a specified period of exposure. LC50 is often used interchangably with Median Tolerance Limit (TLm), which measures the concentration at which 50 per cent organisms survive. (R) Long-term Avoidance is the permanent or prolonged avoidance by a species population of an area or habitat that was formerly inhabited by that species population, but is absent or singnificant]y reduced in density and biomass as a result of permanent limiting or unfavorable environmental conditions. (S) Maximum Daily Temperature is the highest arithmetic mean of temperatures observed for any two consecutive hours during a 24- hour day, or during the operation day if the waste heat discharge flow is of a shorter duration than two hours in a 24-hour day. (T) Micrograms per Gram (ug/g) is the micrograms of substance per gram of weight. -62- ------- Ohio (U) Micrograms Per Liter (ug/1) is the micrograms of substance per (con't) liter of solution, and is 1/1000 of a milligram per liter. (V) Milligrams per Liter (mg/1) is the milligrams of substance per liter of solution, and is equivalent to parts per million, assuming unit density. (W) Mine Drainage is surface or groundwater flowing through or from mines and mine sites, it is usually characterized by concen- trations of acidity or alkalinity, various heavy metals, sulfates, and dissolved solids. (X) Mixing Zone is an area of water body contiguous to a treated or untreated wastewater discharge of quality characteristics different from those of the receiving water. The discharge is in transit and progressively diluted from the source to the receiving system. The mixing zone should be considered as a place where wastewater and receiving water mix and not as a place where wastes are treated. (Y) Natural Conditions are those conditions that are measured outside the influence of man's activities. (Z) Non-Persistent Toxicant is a toxic substance with a halflife less than eight weeks, but is readily degraded in an aquatic system, and does not have a tendency to accumulate in organisms. (AA) Non-Point Source is any source of pollutants other than those defined as point sources. (BB) Nuisance is a condition which interferes with the designated uses of the surface waters of the state. (CC) Nursery Areas are regions in a water body where young or newly hatched organisms occur in relatively higher abundance than surrounding areas. (DD) Persistent Toxicant is one which either (a) by itself or as its toxic transformation product, has a halflife for degradation under natural environmental conditions of more than eight weeks, or (b) by itself or as its toxic transformation product, upon entering surface waters may biomagnify through successive trophic levels in the biota of the receiving stream. (EE) Point Source is any discernible, confined or discrete convey- ance from which a pollutant is or may be discharged to the surface waters of the state. (FF) Pollutant is sewage, industrial waste or other waste as defined by section 6111.01(B) thru (D) of the Ohio Revised Code. (GG) Receiving Waters are the surface waters of the state into which point and non-point sources flow. -63- ------- Ohio (HH) Recreation Season is the period from 1 May to 15 October. (con't) (II) Representative Aquatic Species are those organisms, either natural or introduced, which presently exist or have existed in the surface waters of the state prior to July 1, 1977; with the exception of those banned species outlined in Rule 1501:31-19-01 of the Ohio Administrative Code. In addition, it will include any species that are legally introduced into the surface waters of the state. Specifically included are those species which: 1. represent the full range of response to environmental conditions from sensitive through tolerant; 2. are commercially or recreationally valuable; 3. are representative of each community trophic level; 4. are threatened, rare, or endangered; 5. are critical to the structure and function of the ecosystem; 6. dominate the community in terms of density and biomass; 7. are potentially capable of becoming localized nuisance species, or; 8. are representative of the ecological and physiological require- ments of species determined in 1-7, but which themselves may not be representative. (JJ) Spawning Areas are regions in a water body, such as reefs and marshes where fish or other aquatic organisms spawn or breed in relatively higher abundance than surrounding areas. (KK) Standard is a definitive numerical value or narrative statement promulgated by the Ohio EPA to maintain and protect the designated uses of the waters of the state. (LL) Static Bioassay is a determination of the biological effect of a substance, factor or condition employing living organisms or cells as the indicator. In a static system, test organisms remain in the same test medium for the duration of the test. (MM) Surface Waters of the State or watercourses are all streams, publicly-owned lakes and reservoirs, ponds, marshes or other water- ways which are situated wholly or partially within the boundaries of the state, except those private waters which do not combine or effect a junction with natural surface waters. Waters defined as sewerage system, treatment works or disposal system in chapter 6111.01 of the Ohio Revised Code are not included. -64- ------- Ohio (con't) Oklahoma 33 (NN) Thermal Mixing Zone is a region of a water body into which waste heat is discharged that is of a different temperature structure than the receiving water body, and within which the average and maximum daily temperatures do not apply, except as prescribed by these rules. (OO) Toxic Substances are any liquid, gaseous or solid substances present in such concentrations that can kill, injure or impair life- cycle functions of any organisms. (PP) Tributary is a smaller stream flowing into a larger body of water. (QQ) Warmwater Fish are those species of fish than inhabit relatively warm water. These species include, but are not limited to Black Bass and Sunfish (Centrarchidae), and Shad (Clupeidae). (RR) Waste Heat Discharge is a point source discharge through which excess heat is rejected into the surface waters of the state. Abatement - Reduction of the degree or intensity of pollution. Allowable load - For perennial streams - the allowable load for oxygen demanding substances shall be based on attaining an instream D.O. of 5.0 mg/1 for warm waters and 6.0 mg/1 for those waters designated as smallmouth bass or trout fisheries, at and above the seven-day, two-year low flow value. For intermittent streams - the allowable loading for oxygen demand- ing substances shall be based on attaining an instream D.O. of 5.0 mg/1 at and above 1.0 cfs. Alpha particle - A positively charged particle emitted by certain radioactive materials. It is the least penetrating of three common types of radiation (alpha, beta and gamma) and usually is not dangerous to plants, animals, or humans. Anti-degradation clause - A provision in water quality laws that prohibits deterioration of water quality in areas where pollution levels are presently below those allowed. Assimilative capacity - The amount of pollution a stream can receive and still recover without permanent damage or alteration of bene- ficial uses. Benthic macroinvertebrates - Invertebrate animals that are large enough to be seen by the unaided eye and can be retained by a U. S.Standard No. 30 sieve, and live at least part of their life cycles within or upon available substrates in a body of water or water transport system. -65- ------- Oklahoma Beta particle - A negatively charged elementary particle emitted by (con't) radioactive decay that may cause skin burns. It is easily stopped by a thin sheet of metal. Carcinogenic - Cancer producing. Coliform group organisms (total coliform organisms) - All of the aerobic and facultative anaerobic gram-negative, non-spore-forming rod shapped bacteria that ferment lactose broth with gas formation within 48 hours at 35 C. Color - Color as used herein means true color as well as apparent color. True color is the color of the water from which turbidity has been removed. Apparent color includes not only the color due to substances in solution (true color), but also that color due to suspended matter. Conservative element - A substance which persists in the environ- ment, having characteristics which are resistant to ordinary biolo- gical degradation. Dissolved oxygen (DO) - The amount of oxygen dissolved in water at any given time, depending upon the water temperature, the partial pressure of oxygen in the atmosphere in contact with the water, the concentration of dissolved salts in the water, and the physical aeration of the water. Epilimnion - The uppermost homothermal region of a stratified lake. Eutrophication (natural) - The normally slow aging process by which a lake evolves into a bog or marsh and ultimately assumes a terrestrial state. During eutrophication the lake becomes so rich in nutritive compounds (especially nitrogen and phosphorus) that algae and other microscopic plant life become superabundant, thereby "choking" the lake, and causing the lake to advance in serai stages. Fecal coliform - A group of organisms common to the intestinal tracts of man and of animals. The presence of fecal coliform bacteria in water is an indicator of pollution and of potentially dangerous bacterial contamination. Geometric mean - G = n B~ X B2 X ...B JLV- Where: n = number of samples and B = the bacterial count for n sample. Intermittent stream - A stream or reach of a stream that flows only at certain times of the year. In such streams the runoff from the watershed is smaller than the ground evaporation and seepage losses in the ground. -66- ------- Oklahoma Nephelometric turbidity (unit (NTU) - This method is based upon a (con't) comparison of the intensity of light scattered by the sample under defined conditions with the intensity of light scattered by a standard reference suspension (formazin). The higher the intensity of scattered light, the higher the turbidity. Readings in NTU's are considered comparable to the previously reported Jackson Turbidity Units(JTU). Non-conservative element - A substance which undergoes degradation or change in the environment other than dilution. Nonpoint source - A source of pollution without a well defined point of origin. Nutrients - Elements of compounds essential as raw materials for organisms growth and development; these include carbon, oxygen, nitrogen and phosphorus. Polychlorinated biphenyls (PCBs) - Polychlorinated biphenyls, a group of organic compounds (206 possible) which is constructed of two phenyl rings and more than one chlorine atom. PCBs are used as an electrical insulating fluid in capacitors and transformers, and in the manufacture of plastics. Perennial streams - A stream or reach of a stream that flows continuously throughout the year either due to watershed runoff or to inflow of the ground water to the stream. Picocurie (pCi) - That quantity of radioactive material producing 2.22 nuclear transformations per minute. Point source - Any discernible, confined and discrete conveyance, including but not limited to any pipe, ditch, channel, tunnel, well, discrete fissure, container, rolling stock or concentrated animal feeding operation from which pollutants are or may be discharged. This term does not include return flows from irrigated agriculture. Pollution - Contamination or other alteration of the physical, chemical or biological properties of any natural waters of the State, or such discharge of any liquid, gaseous or solid substance into any waters of the State as will or is likely to create a nuisance or render such waters harmful or detrimental or injurious to public health, safety or welfare, or to domestic, commercial, industrial, agricul- tural, recreational, or other legitimate beneficial uses, or to live- stock, wild animals, birds, fish or other aquatic life. (82 O.S. Supp. 1976,1926.1(1)) Salinity - The degree of salt in water Sample standard - The arithmetic mean of historical data plus two standard deviations of the mean. -67- ------- -r g Oklahoma Seven-day, two-year low flow - A seven-day, two-year low flow is (con't) specified as the design flow for determining allowable discharge load to a stream. The flow is calculated as a moving average of seven consecutive days for each year in a given record. These seven-day low flow values are ranked in ascending order. An order number (m) is calculated based upon the number of years record (n), with a recurrence interval (R) of two years, as m = (n+l)/R, where R = two years. A value of flow corresponding to the m order is taken as the seven-day, two year low flow for that historical data. Standard deviation - A statistical measure of the dispersion around the arithmetic mean of the data. Similarity index - Where: A = No. or species in the sample at upstream station. B = No. of species in the sample at downstream station. C = No. of species common to both A and B. Synergistic effect - Indicates the presence of cooperative pollutant action such that the total effect is greater than the sum of the effects of each polllutant taken individually. LC50 - Lethal Concentration - the concentration of a toxicant in an external medium that is lethal to fifty percent of the test animals for a specified period of exposure. Thei- nal pollution - Degradation of water quality by the introduction of heated effluent. Primarily a result of the discharge of the cooling waters from industrial processes particularly from electrical power generation. Thermal stratification - Horizontal layers of different densities produced in a lake due to temperature. Wastes - Industrial waste and all other liquid, gaseous or solid substances which may pollute or tend to pollute any waters of the State. (82 O.S. Supp. 1976, s92S.l (ft). v/.i13'3 3f the State - All streams, lakes, ponds, marshes, water- courses, waterways, wells, springs, irrigation systems, drainage systems, and all other bodies or accumulations of water, surface and underground, natural or artificial, public or private, which are contained within, flow through, or border upon this State or any portion thereof, except privately owned reservoirs used in the process of cooling water for industrial purposes, provided that water released from any such reservoir into a stream system of the State shall be and become waters of the State. ',31 0.3. supp. 1976, §926.1 (6)). Yearly mean standard - The arithmetic mean of historical data plus one standard deviation of the mean. -68- ------- 34 Oregon Applicable to all basins unless context requires otherwise: A. "BOD" means 5-day 20°C. Biochemical Oxygen Demand. B. "DEQ" or "Department" means the Oregon State Department of Environmental Quality. C. "DO" means Dissolved Oxygen. D. "EQC" means the Oregon State Environmental Quality Commission. E. "Estuarine waters" means all mixed fresh and oceanic waters in estuaries or bays from the point of oceanic water intrusion inland to a line connecting the outermost points of the headlands or protective jetties. F. "Industrial waste" means any liquid, gaseous, radioactive or solid waste substance or a combination thereof resulting from any process of industry, manufacturing, trade or business, or from the develop- ment or recovery of any natural resources. G. "Marine waters" means all oceanic, offshore waters outside of estuaries or bays and within the territorial limits of the State of Oregon. H. "mg/1" means milligrams per liter. I. "Pollution" means such contamination or other alteration of the physical, chemical or biological properties of any waters of the state, including change in temperature, taste, color, turbidity, silt or odor of the waters, or such radioactive or other substance into any waters of the state which either by itself or in connection with any other substance present, will or can reasonably be expected to create a public nuisance or render such waters harmful, detrimental or injurious to public health, safety or welfare, or to domestic, commercial, industrial, agricultural, recreational or other legitimate beneficial uses or to livestock, wildlife, fish or other aquatic life or the habitat thereof. J. "Public water" means the same as "waters of the state". K. "Sewage" means the water-carried human or animal waste from residences, buildings, industrial establishments or other places together with such groundwater infiltration and surface water as may be present. The admixture with sewage as herein defined of industrial wastes or wastes, as defined in subsections (F) and (M) of this section, shall also be considered "sewage" within the meaning of this division. L. "SS" means Suspended Solids. -69- ------- Oregon (ccn't) 35 Pennsylvania M. "Wastes" means sewage, industrial wastes, and all other liquid, gaseous, solid, radioactive, or other substances which will or may cause pollution or tend to cause pollution of any water of the state. N. "Waters of the state" include lakes, bays, ponds, impounding reservors, springs, wells, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Pacific Ocean within the territorial limits of the State of Oregon and all other bodies of surface or underground waters, natural or artificial, inland o-' coast il, fV-^'n ->r salt, public or private (except those private waters which do not combine or effect a junction with natural surface or underground waters), which are wholly or partially within or bordering the state or within its jurisdiction. O. "Low Flow Period" means the flows in a stream resulting from primarily groundwater discharge or baseflows augmented from lakes and storage projects during the driest period of the year. The dry weather period varies across the state according to climate and topography. Wherever the Low Flow Period is indicated in the Wafer Quality Management Plans, this period has been approximated by the inclusive months. Where applicable in a waste discharge permit, the Low Flow Period may be further defined. P. "Secondary Treatment as the following context may require for: 1. "Sewage wastes" means the minimum level of treatment mandated by EPA regulations pursuant to Public Law 92-500. 2. "Industrial and other waste sources" imply control equivalent to Best Practicable Treatment (BPT). Ambient stream concentration The range in concentration or level of a water quality parameter which would be expected to occur in the absence of human activities. The value is normally determined from quality measurements of waters that are not affected by waste discharges or other human activities. Ambient temperature The temperature of the water body upstream or outside of the influence of a heated waste discharge or waste discharge complex. The ambient temperature sampling point should be unaffected by any sources of waste heat. Application factor The ratio of the safe concentration to the 96- hour LC50 concentration which is assumed to be constant for related groups of chemicals and is multiplied by an LC50 value in order to produce the estimated safe concentration of a pollutant necessary to protect the balanced indigenous communtiy in the receiving body of water. Balanced community A group of populations occupying a common area which constists of desirable species of fish, shellfish, and other wildlife, including the biota of other trophic levels which are necessary as part of the food chain or otherwise ecologically impor- tant to the maintenance of these populations. -70- ------- Pennsylvania Carcinogenic Producting cancer (con't) Clean Streams Law The Clean Streams Law (35 P.S. 1 I 691.1- 691.1001). Clean Water Act 33 U.S.C. 1 1251 et seq. Cumulative pollutant A pollutant which is measurably increased in concentration within aquatic organisms relative to concentrations in the receiving waters. Daily average The arithmetic average of all determinations made during a calendar month. Daily determination The arithmetic average of all determinations made during a 24-virr ->:rio L Department The Department of Environmental Resources of the Commonwealth. Effluent limits Any restriction established by the Department on quantities, rates, and concentrations of pollutants which are dis- charged into the waters of this Commonwealth. Epilimnion Warm upper layer of nearly uniform temperature in a stratified body of water, such as a lake or impoundment. Existing potable water supply A source of water supply which is presently being used by humans after conventional treatment for drinking, culinary and other purposes, such as inclusion in food products, after conventional treatment. Existing sensitive industrial water supply An existing industrial water supply use which would require installation of additional water treatment by the industrial user in the event that the total dissolved solids concentration instream exceeds 500 mg/1 as a monthly average and 750 mg/1 at any one time. LC50 value The concentration of a pollutant in test waters that is lethal to 50% of the test organisms during continuous exposure for a specified period of time. Maximum allowable daily load (MDL) The maximum amount of a pollutant from point and nonpoint sources which the receiving waters can assimilate at the accepted design stream flow without endan- gering the achievement of water quality standards. Mutagenic Producing adverse changes in the genes. Noncumulative pollutant A pollutant which is not measurably increased in concentration within aquatic organisms relative to concentrations in the receiving waters. -71- ------- Pennsylvania (con't) Rhode Island 36 Representative important species Those species of aquatic life whose protection and propagation will assure the sustained presence of a balanced indigenous community. Such species are representative in the sense that maintenance of water quality criteria will assure both the natural completion of the species' life cycles and the overall protection and sustained propagation of the balanced indigenous community. Safe concentration value An estimted pollutant concentration as may be determined by the Department from relevant aquatic field studies, substantial available scientific literature, or bioassay tests tailored to the ambient quality of the receiving waters which will allow the survival of representative important species that have been chronically exposed to the concentration in the receiving waters. State water plan The reports, studies, inventories and plans prepared by the Department to guide the conservation, development, and administration of the Commonwealth's water and related land resouces as authorized by 71 P s 510-4. Tetratogenic Producing monstrosities, malformations, or extreme deviations from the normal structure of life forms. Testwater a receiving water directly upstream from a waste discharge which is relatively unaffected by human activities, or a reconstituted water which approximates the ambient chemical characteristics of these receiving waters. Total dissolved solids The portion of the toal residue of water capable of passing through a standard glass fiber filter Reeve- Angel type 934A, 984H; Gelman Type A; or equivalent and which remains after evaporation and drying to a constant weight at a temperature of 103 - 105°C. Water-quality-based effluent limitations An effluent limitation based on the need to attain or maintain specific water quality criteria in order to assure protection of a designated use. Water quality criteria Levels of parameters or stream conditions that need to be maintained or attained to prevent or eliminate pollution. Water quality standards The combination of water uses to be protected and the water quality criteria necessary to protect those uses. "administrator" shall mean the administrator of the United States Environmental Protection Agency or his designee. "bypass" shall mean the intentional diversion of wastes from any portion of a Wastewater Treatment Facility. "cause" shall mean cause, suffer, or allow. -72- ------- Rhode Island "CWA" shall mean the Federal Clean Water Act (formerly referred to (con't) as the Federal Water Pollution Control Act), Pub L. 92-500, as amended by Pub. L. 95-217 and Pub. L. 95-576, 33 U.S.C. 1251 et seq. "depuration" shall mean the transplantation or artificial holding of shellfish for purification purposes. "director" shall mean the director of the department of environ- mental management or any subordinate or subordinates to whom he has delegated the powers and duties vested in him by these regulations. "discharge" shall mean cause sewage or other waste, unless a more specific waste is indicated, to be discharged, deposited, dumped, spilled or leaked into any waters of the State or to be placed in a location where the director determines it is likely to enter any waters of the State. "effluent limited waters" shall be as defined in paragraph 9.011 of these regulations. "effluent limitations" shall mean any restriction imposed by these regulations or the director pursuant to these regulations on quality, rates and concentrations of pollutants which are discharged from point sources into any waters of the State. "EPA" shall mean the United States Environmental Protection Agency. "ESB" shall mean the Environmental Standards Board established by Chapter 42-17.3 of the General laws of Rhode Island of 1956, as amended. "fresh water" shall mean those waters of the State which are not sea water. "hazardous waste" shall be defined pursuant to Chapter 23-46.2 of the General Laws of Rhode Island of 1956, as amended, and regulations adopted pursuant thereunder. "high quality waters" shall mean water whose quality is higher than the water quality criteria for the water's designated class, but which does not meet all the water quality criteria for a higher class. "low quality waters" shall mean waters which do not meet their designated water quality standards. "margin of safety" shall mean a requirement in addition to specific requirements of these regulations which the director deems necessary to protect the public health and safety and the environment. -73- ------- Rhode Island "marina" shall mean any facility, public or private, at which vessels (con't) are docked or moored. "new discharges" shall mean discharges for which the director had not issued an order of approval on or before the effective date of these regulations. "NPDES" or National Pollutant Discharge Elimination System shall mean the national program for issuing, modifying, revoking and reissuing, terminating, monitoring, and enforcing permits pursuant to Sections 402, 318, and 405 of the Clean Water Act. "other waste" shall mean chemicals, acids, dye-stuff, starch, coloring matter, oil and tar, radio-active substances, and any compound, solution, mixture or product thereof, and every substance which may be injurious to public health or comfort, or which would injuriously affect the natural and healthy propagation, growth, or development of any fish or shellfish in any waters of the State, or the nourishment of the same, or which would injuriously affect the flavor, taste, or value as food of any such fish or shellfish; or which would defile said waters or injure or defile any vessel, boat, wharf, pier, or any public or private property upon, in or under said waters, or any shore thereof. "person" shall mean an individual trust, firm, joint stock company, corporation (including a government corporation), partnership, association, state, municipality, commission, political subdivision of a state, or any interstate body. "pollution" shall mean the entrance or discharge of sewage or other waste into any of the waters of the State in such quantity, either by itself or in connection with other sewage or other waste so dis- charged, as to alter the physical or chemical properties, or biology,of said waters, including change in temperature, taste, color, turbidity or odor, and to cause or be likely to cause damage to the public, or to any person having a right to use said waters for boating, fishing or other purposes, or owning property in, under or bordering upon the same. "POTW" or Publicly Owned Treatment Works shall mean a treatment works which is owned by the State or a municipality, or other public authority. "schedule of compliance" shall mean a schedule of remedial measures including an enforceable sequence of interim requirements leading to compliance with applicable water quality standards, effluent limita- tions, or orders of the director. "sea water" shall mean those waters subject to the rise and fall of the tide. -74- ------- Rhode Island (con't) South Carolina 37 "severe property damage" shall mean substantial physical damage to property, damage to the treatment facilities which would cause them to become inoperable or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. "sewage" shall mean any human or animal excremental liquid or substance, any decomposed animal or vegetable matter, garbage, offal, filth, or waste. "storm water sewer" shall mean a conveyance or system of conve- yance (including but not limited to pipes, conduits, ditches, and channels) primarily used for collecting and conveying storm water runoff. "surface water degradation; degradation" shall mean reduction in attained or attainable levels of one or more water quality criteria. "system or means of wastewater treatment" or treatment works" shall mean any method, devices or system for preventing abating, reducing, storing, treating, separating, recycling, reclaiming or dis- posing of sewage or other waste, including storm water runoff and sewage or other waste in combined storm water and sanitary sewer systems. "treatment works" include intercepting sewers, outfall sewers, sewage collection systems and the land that will be an integral part of the treatment process (including land use for the storage of treated wastewater in land treatment systems prior to land application) or is used for ultimate disposal of residue resulting from such treatment. Wastewater Treatment Facilities include pumping, power, and other equipment and their appurtenances, and elements essential to provide a reliable recycled suply such as standby treatment units and clear well facilities. "water quality limited waters" shall be as defined in paragraph 9.012 of these regulations. "waters of the State or 'Waters'" shall mean all surface waters of the State of Rhode Island, including all tidewaters within the State and all inland waters of any river, stream, brook, pond or lake. 1. Agricultural shall include use of water for stock watering, irrigation and other farm purposes. 2. Conventional treatment as applying to potable water supplies shall mean treatment including at least flocculation, sedimentation, filtration and disinfection. -75- ------- South Carolina 3. Direct Water contact shall mean an activity where the human (con't) body may come into direct contact with water to the point of complete submergence, including but not limited to activities such as swimming, water skiing and skin diving. 4. Fishing shall mean the taking, harvesting, catching and the propagation of fish or shellfish. 5. Mixing zone, as used in Section III, Number 11, shall mean a designated area within which specified water quality standards are not applicable. The boundary of this zone shall be determined by the Department of Health and Environmental Control on an individual project basis after consideration of the waste discharge and the receiving waters. A mixing zone shall not prevent free passage of fish and shall not interfere with the designated use outside its established boundary. 6. Natural or naturally occurring values shall mean for all of the waters of the Stae: (a) those water quality characteristics (physical, chemical and biological) which exist unaffected by or unaffected as a conse- quence of any water use by any person; or, (b) those water quality characteristics (physical, chemical and biological) which exist unaffected by the discharge, or direct or indirect deposit of, any solid, liquid or gaseous substance by any person or as a result of any cultural activity. 7. Point of discharge shall mean that location in or adjacent to a body of water at which any liquid, solid or gaseous substances are discharged or deposited. 8. Propagation shall mean the continuance of species by generation or successive production in the natural environment, as opposed to the maintenance of species by artificial culture and stocking. 9. Source of water supply for drinking, culinary or food processing purposes shall mean any source, either public or private, the waters from which are used for domestic consumption, or used in connection with the processing of milk, beverages, food or for other purposes which require finished water meeting regulations established pursuant to Section 1412 of the Public Health Service Act as amended by the Safe Drinking Water Act (Public Law 93-523) and related regulations applicable to public water systems. 10. Swamp waters shall mean those waters which have been exposed for a substantial period of time to conditions which cause these waters to have all of the following natural characteristics: (a) waters having those physical/chemical (i.e. low velocity, low dissolved oxygen, color, low pH) and biological characteristics found -76- ------- South Carolina (con't) South Dakota 38 in waters, which have been exposed for a substantial time to decaying, organic matter; (b) waters which cover land areas much of the year having dense natural vegetation including trees. Designation of waters of the State as "swamp waters" will be made by the Department of Health and Environmental Control on a case- by-case basis after appropriate analysis. 11. Tidal salt waters -- shall mean those waters whose elevation is subject to periodic changes due to oceanic tides and which have chloride ion content in excess of 250 milligrams per liter (mg/1) fealinity = 0.48 o/oo). (1) "Administrator" the administrator of the U.S. Environmental Protection Agency: (1A) "Ammonia Toxicity," Ammonia Toxicity by William T. Willingham, Control Technology Branch, Water Division, U.S. Environmental Protection Agency, Region VIII, (February, 1976) 4 (2) "Bioassay test" any test in which organisms are used to detect or measure the presence or effect of one or more substances or conditions (3) "Degree C" degrees centigrade, a measure of temperature (4) "Cold water marginal fish life propagation" a type of beneficial use assigned to waters which are suitable for supporting stockings of catchable size trout during portions of the year, but due to low flows, siltation, and warm temperature, are not suitable for permanent cold water fish population (5) "Cold water permanent fish life propagation" a type of beneficial use assigned to waters which are capable of supporting a permanent trout fishery from natural reproduction of fingerling stocking (6) "Commerce and industry" a type of beneficial use assigned to waters which are suitable for use as cooling water, industrial process water, navigation, and production of hydroelectric power (7) "Criteria" a numerical value which defines the acceptable limits of a parameter (8) "Domestic water supply" a type of beneficial use assigned to waters which are suitable for human consumption, culinary or food processing purposes, and other household purposes after suitable treatment by conventional processes (9) "Eight hour composited sample" a sample composed of eight grab samples taken at one hour intervals, the volume of each sample proportioned to flow, and physically mixed prior to analysis -77- ------- South Dakota (10) "E.P.A. methods" Methods for Chemical Analysis of Waters and (con't) Wastes, 1971, Environmental Protection Agency, analytical quality control laboratory (11) "Degrees F" degrees Fahrenheit, a measure of temperature (12) "Handbook 69" Maximum Permissible Body Burdens and Maximum Permissible Concentrations of Radionuclides in Air and in Water for Occupational Exposure, recommendations of the national committee on radiation protection. National Bureau of Standards handbook 69 (August 1963) (13) "Immersion recreation" a beneficial use assigned to waters which are suitable for uses where the human body may come in direct contact with the water, to the point of complete submersion and where water may be ingested accidentally or certain sensitive organs such as the eyes, ears, and nose may be exposed to it (14) "Irrigation" a beneficial use assigned to waters which are suitable for irrigating farm lands, ranch lands, gardens and recreational areas (15) "J.C.U.," jackson candle unit, a measure of turbidity (16) "Lake" a navigable lake, pond, or reservoir, created by either natural or artificial means, for which there exists a right of public accessor use; (17) "Limited contact recreation" a beneficial use assigned waters which are suitable for boating, fishing and other water related recreation other than immersion recreation (18) "Median tolerance limit" the concentration of a toxic material or materials which kills fifty percent of bioassay test organisms in ninety- six hours (19) "M.F." membrance filter, a term used to signify that the number of bacteria was determined by means of the mebrane filter technique (20) "mg/1" milligrams per liter, a measure of concentration' (21) "micromhos/cm" micromhos per centimeter, a measure of electrical conductivity (22) "Mixing zone" that volume of water immediately surrounding a discharge which does not meet water quality criteria because of a lack of mixing of the discharge and stream or lake waters (23) "MPN" most probably number, a term used to signify that the number of bacteria was determined by means of the multiple-tube fermentation technique (24) "Parameter" a chemical, physical or biological characteristic which affects the use of the water -78- ------- South Dakota (con't) Tennessee 39 (25) "PCi/1" picocuries per liter, a measure of radioactive concentration (26) "Secretary" the secretary of the South Dakota Department of Environmental Protection (27) "Segment" a continuous stretch of water found between two points in the bed of a stream (28) "Spawning bed" any place where fish spawn (29) "Standard Methods" Standard Methods for the Examination of Water and Wastewater, Fourteenth edition, American Public Health Association et al. (1975) (30) "Stream" a navigable river, creek, or tributary of such river or creek (31) "Twenty-four hour composited sample" a sample composed of twenty-four grab samples taken at one hour intervals, the volume of each sample proportioned to flow, and physically mixed prior to analysis (32) "Warm water marginal fish life propagation" a beneficial use assigned to lakes and streams which will support more tolerant species of fish with frequent stocking and intensive management but suffer frequent fish kills because of critical natural conditions (33) "Warm water permanent fish life propagation" a beneficial use assigned to lakes and streams which are suitable for the permanent maintenance of warm water fish including walleyes, black bass, perch, channel catfish, norther pike, and bluegills (34) "Warm water semipermanent fish life propagation waters" a beneficial use assigned to lakes and streams which are suitable for the maintenance of warm water fish but which suffer occasional fish kills because of critical natural conditions. Species found in these waters includes walleyes, perch, black bass, northern pike, and channel catfish (35) "Wildlife propagation and stock watering" a beneficial use assigned to streams and lakes which are satisfactory as habitat for aquatic and semi-aquatic wild animals and fowl and are of suitable quality for watering domestic and wild animals (a) Conventional Water Treatment Conventional water treatment as referred to in the criteria denotes coagulation, sedimentation, filtration and chlorination. (b) Mixing Zone Mixing zone refers to that section of a flowing stream or impounded waters necessary for an effluent to become dispersed and mixed insofar as practical with the main flow or water -79- ------- Tennessee (con't) Texas40 Utah41 Vermont 42 body by appropriate methods at the discharge point. Such zones shall be restricted to as small an area and length as possible and shall not (i) prevent the free passage of fish or cause aquatic life mortality in the receiving waters; (ii) contain materials, that adequately represent the defined zone,, in concentrations that exceed the 96-hour LC50 for biota significant to the aquatic community in the receiving waters; (iii) result in offensive conditions; (iv) produce undesirable aquatic life or result in dominance of a nuisance species; (v) endanger the public health or welfare; or (vi) adversely affect the reasonable and necessary uses of the area. The mixing zone necessary in each particular case may be designated in the Discharge Permit as required by the Tennessee Water Quality Control Act, (T.C.A., Section 70-324 through Section 70-342). The mixing zone necessary in each particular case shall be defined by the Tennessee Water Quality Control Board. Not Specified Not specified (1) "Act" means the Vermont Water Pollution Control Act, 10, V.S.A., Chapter 47 (2) "Board" means the Vermont Water Resources Board (3) "Discharge" means the placing, depositing, or emission of any wastes, directly or indirectly, into the waters of the State (4) "Effluent Limitation" means any restrictions or prohibitions estalished on qualities, rates and concentrations of chemical, phy- sical, biological and other constituents which are discharged into waters of the State, including schedules of compliance (5) "Natural Origin" means that condition which exists in the absence of any direct or indirect human activity (6) "Person" means an individual, partnership, public or private corporation, municipality, institution, or agency of the State, and includes any officer or governing or managing body of a partnership, association, firm or corporation (7) "Public Interest" means that which shall be for the greatest benefit to the people of the State as determined by the standards set forth in Section 1253 (e) of the Act -80- ------- Vermont (con't) ,,. . . 43 Virginia Washington 44 (8) "Schedule of Compliance" means a schedule of remedial measures including an enforceable sequence of actions or operations leading to compliance with an effluent limitation, or any other limitation, prohibition, or standard, including any water quality standard (9) "Secretary" means the Secretary of the Agency of Environmental Conservation or his duly authorized representative (10) "Waste" means effluent, sewage or any substance or material, liquid, gaseous, solid or radioactive, including heated liquids, whether or not harmful or deleterious to waters (11) "Waters" shall include all rivers, streams, creeks, brooks, reser- voirs, ponds, lakes, springs, and all bodies of surface waters, artificial or natural, which are contained within, flow through or border upon the State or any portion thereof. Not specified (1) Background Conditions: The biological, chemical, and physical conditions of a water body, upstream from the point or nonpoint source of any discharge under consideration. Background sampling location in an enforcement action would be upstream from other inflows. If several discharges to any water body exist, and enforce- ment action is being taken for possible violations to the standards, background sampling would be undertaken immediately upstream from each discharge. (2) Fecal Coliform: That portion of the coliform group which is present in the intestinal tracts and feces of warm-blooded animals a detected by the product of acid or gas from lactose in suitable culture medium within 24 hours at 44.5 degrees plus or minus 0.2 degrees C. (3) Mean Detention Time: The time obtained by dividing a reservoir's mean annual minimum total storage by the 30-day ten-year-low-flow from the reservoir. (4) Median Value: That value of a group of measurements that falls in the middle when the measurements are arranged in order of magnitude. If the number of measurements is even, the median value would be the value half-way between the two middle measurements. (5) Permit: A document issued pursuant to RCW 90.48.160 et seq. or RCW 90.48.260 or both, specifying the waste treatment and control requirements and waste discharge conditions. (6) pH: The negative logarithm of the hydrogen ion concentration. (7) Surface Waters of the State: Include lakes, rivers, ponds, streams, inland waters, saltwaters, and all other surface waters and water courses within the jurisdiction of the state of Washington. -81- ------- Washington (con't) West Virginia 45 Wisconsin 46 (8) Temperature: Temperature expressed in degrees Celsius. (9) Turbidity: The clarity of water expressed as nephelometric turbidity units (NTU) and measured with a calibrated turbidimeter. (10) Upwelling: Upwelling is a direct result of wind stress on the sea surface. As winds blow parallel to a coast, the net flow of water is at an angle of about 45 toward the sea. This flow causes cold bottom water to move upward to replace the warmer surface water moving offshore. The cold water is rich in dissolved nutrients and has a low dissolved oxygen content. 2.01 "Person," "waters," "pollution," "sewage," "industrial waters," and "other wastes'1 shall have the same meaning as defined by the Code of West Virginia, Chapter 20, Article 5A, Section 2. 2.02 "Natural" or "naturally occurring" values shall mean for all of the waters of the State: (a) Those water quality values which exist unaffected by or unaffected as a consequence of any water use by any person; (b) Those water quality values which exist unaffected by the discharge, or direct or indirect deposit of, any solid, liquid or gaseous substance by any person. 2.03 Mixing zones: (A) Definition a mixing zone is an area contiguous to a discharge where receiving water quality may neither meet all quality criteria nor requirements otherwise applicable to the receiving water. The mixing zone is considered as a place of mixing and not as a place where effluents are treated. (B) Management management over those waters which receive waste discharges must be addressed to the task of maintaining the mixing areas in as small a volume and area as practicable. The geographic limits of a mixing zone is complicated by both the wastewater discharge and receiving water characteristics and will not be determined except on a case-by-case basis or where it is necessary to exercise more stringent controls over the receiving waters in question. (1) "Mean tolerance level (TLM)" means the concentration of a substance at which there is a 50 percent mortality rate of bio-assay test organisms in a stated exposure time. (2) "Mixing Zone" means a region in which a discharge of different characteristics than the receiving water is in transit and progessively diluted from the source to the receiving system. -82- ------- Wisconsin (con't) Wyoming 47 (3) "Natural conditions" means the normal daily and seasonal varia- tions in climatic and atmospheric conditions, and the existing physical and chemical characteristics of a water or the course in which it flows. (4) "Natural temperature" means the normal existing temperature of a surface water including daily and seasonal changes outside the zone of influence of any artificial inputs. (5) "Resource management" means the application of control techniques to enhance or preserve a surface water in accordance with statutory provisions and in the general public interest. (6) "Sanitary survey" means a thorough investigation and evaluation of a surface water including bacteriological sampling to determine the extent and cause of any bacterial contamination. (7) "Surface waters" means all natural and artificial named and unnamed lakes and all naturally flowing streams within the boun- daries of the state, but not including cooling lakes, farm ponds and facilities constructed for the treatment of wastewaters (the term waters as used in this chapter means surface waters). (8) "Unauthorized concentrations of substances" mean pollutants or other chemicals introduced into surface waters without prior permit or knowledge of the department, but not including accidental or unintentional spills. (9) "Best practicable control technology" means that level of treat- ment established by the department under section 147.04 (2)(a), Wis. Stats., for categories and classes of point sources to be achieved by not later than July 1, 1977. (10) "Best available control technology" means that level of treat- ment established by the department under section 147.04 (2)(b)(l), Wis. Stats., for categories and classes of point sources to be achieved by not later than July 1, 1983. a. Best Management Practices - Those practices or combinations of practices which are determined by the Wyoming Continuing Planning Process, after problem assessment, examination of alternative prac- tices and appropriate public participation, to the the most practically effective (including technological, economic and institutional consi- derations) means of preventing or reducing the quantity or concen- tration of wastes discharged to surface waters of the State. Best management practices are contained within a State certified water quality management plan adopted under Section 208 of the Federal Act in accordance with the State's Continuing Planning Process. In certain instances, certified State water quality manage- ment plans will not contain specific best management practices but -83- ------- Wyoming will outline a process to be followed in developing best management (con't) practices for individual activities. b. Biological Water Quality Refers to the number and type of living organisms existing in a surface water body. c. Chemical Water Quality Refers to chemical elements arid compounds which are found in ionized, complexed or dissolved states in water (i.e. calcium, sulfate, dissolved oxygen.) d. Cold Water Fishery A water body which is managed by the Wyoming Game and Fish Department primarily for one or more of the following species: Grayling (Thymallus arcticus): Northern Pike (Esox lucius); Salmon (Oncorhynchus); Sauger (Sitzosterdion canadense); Trout (Salmo and Salvelinus); Walleye (Stizostedion vitreum); and Whitefish (Prospium williamsoni). e. Conventional Water Treatment Shall be considered to be, in order of application for public water supplies, the following processes; coagulation, sedimentation, filtration and chlorination. f. Dissolved Oxygen A measure of the amount of free oxygen in water. g. Effluent Limitations Any restriction established by the State or by the Administrator of the Federal Environmental Protection Agency (EPA) on quantities, rates and concentrations of chemical, physical, biological and other constituents which are discharged from point sources into waters of the State, including schedules of compliance. h. Eutrophic Waters abundant in nutrients and having high rates of productivity frequently resulting in oxygen depletion below the surface layer. i. Existing Quality The established long-term chemical and biolo- gical water quality as of the date of promulgation of these regula- tions with recognition of the fact that water quality will tend to fluctuate on a seasonal and year-to-year basis depending upon natural fluctuations in water quality. j. Fecal Coliform Those species within the coliform bacteria group which are present in the gut or feces or warm-blooded animals. The group includes organisms which are capable of producing gas from lactose broth in a suitable culture medium within 24 hours at 44.5°C ±2°C. k. Federal Act The Federal Water Pollution Control Act and subsequent amendments to that Act. -84- ------- Wyoming 1. Full Body Contact Recreation -- Any recreational or other surface (con't) water use in which there is prolonged and intimate contact with the water involving considerable risk of ingesting water in quantities sufficient to pose a significant health hazard (i.e., water skiing, swimming). m. Game Fish - Bass (Micropterus), Catfish (Ictalurus punctatus), Crappie (Promoxis), Grayling (Thymallus arcticus), Ling (Lota lota), Northern Pike (Esox lucius), Perch (Perca flavescens), Salmon (Oncor- hynchus), Sauger (Stizostedion canadense), Sunfish (Lepomis), Trout (Salmo and Salvelinus), Walleye (Stizostedion vitreum), and Whitefish (Prospium williamsoni). n. LC50 The "Lethal concentration" at which fifty percent of the specified test organisms die within the time specified (i.e., the 96 hour LC50 means that at concentration "x" fifty percent of the test organisms died within 96 hours.) o. Main stem This term shall mean the major channel of a river or stream as shown on the latest and most detailed United States Geological Survey map for the area. p. Milligrams Per Liter (mg/1) Milligrams of solute per liter of solution equivalent to parts per million*(ppm) in liquids, assuming unit density. q. Mixing Zone That portion of a surface water body within which an effluent becomes thoroughly mixed with the water body. r. Natural Water Quality That quality of water which would exist without the measurable effects or measurable influence of man's activities. s. Nephelometric Turbidity Unit (NTU) The standard unit used to measure the optical property that causes light to be scattered and absorbed rather than transmitted in straight lines through water, as measured by a nephelometer. t. Net Oil and Grease Shall mean the residue from an oil and grease test conducted in accordance with the liquid-liquid extraction with trichlorotrifluoroethane (freon) test method found in the latest edition of Standard Methods for the Examination of Water and Wastewater corrected for elemental sulphur. The test for elemental sulphur shall be capable of measurement at a level of 2 milligrams - 1.0 milligram. u. Non-Point Source Any runoff from irrigated and non-irrigated lands used for grazing and/or crop production; runoff from forest lands, construction activities; urban areas, solid and hazardous waste disposal sites and recreational activities; indirect discharges from septic tanks and leach fields; and, other sources and activities not subject to regulation under the National Pollutant Discharge Elimi- nation System (NPDES). -85- ------- Wyoming v. pH Term used to express the intensity of acid or alkaline (con't) conditions. A pH value of 7 at 25°C is neutral, with pH's of less than 7 progressively more acid and pH's greater than 7 progressively more basic (alkaline). w. Pico-Curies Per Liter (pCi/1) A terms describing the_radiation level of water or solutions.^ A pico-curie is equal to 10 curie, a curie is defined as 3.7 x 10 disintegrations per second. x. Point Source Any discernible, confined and discrete conveyance, including but not limited to any pipe, ditch, channel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation or vessel or other floating craft, from which pollutants are or may be discharged, except those pollutant sources specifically identified as a non-point in these regulations. y. Salinity The total mineral dissolved constituents, after carbo- nates have been converted to oxides, organics have been oxidized and bromine and iodine have been converted to chloride. This term is often used interchangeably with the term total dissolved solids. z. Secondary Body Contact Recreation Any recreational or other surface water use in which contact with water is either incidental or accidental and in which the probability of ingesting appreciable quantities of water is minimal, such as fishing, hunting and commer- cial and recreational boating. aa. Wyoming Continuing Planning Process (CPP) A planning process involving public participation and political debate and including policies, procedures and programs that result in the definition and implementation of actions that lead to the prevention, reduction and abatement of all forms of water pollution and for the protection and enhancement of water uses in the State of Wyoming. The CPP is continuous in time and is designed to respond to changes in conditions and attitudes. Certified and approved State and areawide water quality management plans prepared pursuant to Section 208 of the Federal Act describe elements of the CPP and are outputs of the CPP. Such plans include but are not limited to the following: (1) Water quality monitoring requirements and programs; (2) Definition and assessment of water quality problems; (3) Identification of alternative solutions, their costs and effectiveness; (4) Evaluations of their social, economic and environmental impact; (5) Best management practices or procedures and programs for their determination which lead to the control of non-point sources of pollution; -86- ------- Wyoming (6) Definition of institutional roles, responsibilities and assignments (con't) for planning and implementation activities; (7) Priorities for action; (8) Procedures for public participation, local government involve- ment, conflict resolution performance, evaluation, plan update and formal amendments. bb. State Program Plan A report submitted on an annual basis by the State to the EPA, under the requirements of Section 106 of the Federal Act. This document outlines the State's water pollution control goals for the ensuing fiscal year. cc. Surface Waters of the State All permanent and intermittent defined drainages and lakes and reservoirs which are not man-made retention ponds, used for the treatment of municipal, agricultural or industrial waste; and all other bodies of surface water, either public or private which are wholly or partially within the boundaries of the State. Nothing in this definition is intended to expand the scope of the Environmental Quality Act, as limited in Wyoming Statutes, Sec. 35-ll-1104(c). dd. Toxic Materials - Those materials or combinations of materials including disease causing agents, which, after discharge and upon exposure, ingestion, inhalation or assimilation into any environ- mentally significant organism, either directly from the environment or indirectly by ingestion through food chains, will, on the basis of information available to the Administrator of the EPA, cause death, disease, behavioral abnormalities, cancer, genetic malfunctions, physiological malfunctions (including malfunctions in reproduction) or physical deformations in such organisms or their offspring. ee. Tributary Those streams or stream segments which flow into or contribute water to another stream, stream segment or other water body. ff. Warm Water Fishery A water body which is managed by the Wyoming Game and Fish Department primarily for one or more of the following species: Bass (Micropterus); Catfish (Ictalurus punctatus); Crappie (Pomoxis); Ling (Lota lota); Perch (Perca flavescens); and Sunfish (Lepomis). gg. Wyoming Surface Waters Shall have the same meaning as "surface waters of the State" defined in Section 2.cc. hh. Zone of Passage A continuous water route which joins segments of a surface water body above and below a mixing zone without passing through the mixing zone. -87- ------- American Samoa 48 District of Columbia "Applicant means any person who has applied for permission to discharge wastes. "Grantee" means any person who has received permission from Environmental Quality Commission for such discharges. "Person" also includes any industry, business, village, district, the territory, or any department or agency thereof. "Coastal waters" includes all oceanic and estuarine waters within a 12 mile limit of shore. "Best practicable treatment or control" is that degree of treatment for municipal or industrial wastes found necessary to meet the requirements of the Federal Water Pollution Control Act, as amended, and to provide the water quality required to protect the classified uses of the receiving water. "Receiving water" is that stream, aquifer, or body of water receiving a discharge in any physical form. "Standards of water quality" and "Water Quality Standards" are herein defined to besynonumous with the meaning of "Water quality criteria" as defined in the Federal Water Pollution Control Act, as amended. "Primary contact waters for recreational purposes" are those waters where such actvities as swimming, wading, water skiing, surfing, and other activities occur and in which there is prolonged and intimate contact with the water involving considerable risk of ingesting water in quantities sufficient to pose a significant health hazard. Bacteria - A group of test organisms which are used as indicators of the sanitary quality of the water. Fecal coliform bacteria is the specific test organism selected by the District of Columbia for this purpose. Bacterial concentrations originate primarily from municipal waste treatment plants, sanitary and combined sewers, storm drains, vessels, and agricultural wastes. Critria - Measurements or descriptions of instream water quality used as guidelines insetting discharge permit effluent limitations. Degradation - A measurable deterioration in receiving stream (beyond a prescribed mixing zone) of one or more of the five (5) constituents of water quality for which standards are designated herein. Dissolved Oxygen (D.O.) - The oxygen dissolved as a gas in sewage, water, or other liquid usually expressed in milligrams per liter (mg/1), parts per million (ppm), or percent saturation. Adequate dissolved oxygen levels are necessary in waters to protect fish and other aquatic life and to prevent offensive odors. Low dissolved oxygen -88- ------- District of Columbia (con't) Guam concentrations are generally due to excessive organic solids dis- charged as a result of inadequately treated waste (having high BOD); excessive algae growths may cause vastly fluctuating dissolved oxygen levels, and other factors such as temperature and water movement have an impact on dissolved oxygen levels. Interstate Waters - To the extent they are within the geographic boundaries of the District of Columbia the following waters are interstate waters: Potomac River, Anacostia River, Rock Creek, and Oxon Run. pH - The index of hydrogen ion activity, used as an indication of acidity or alkalinity in waters. The pH of most waters ranges from 6.5 to 8.5, and most uses of water, such as aquatic life propagation, prosper at these levels. In most cases, a pH outside this range is due to discharge of industrial wastes or decaying organic vegetation. Pollution - The addition of sewage, industrial wastes or other harmful or objectionable material to water at a concentration or in sufficient quantity to result in measurable degradation of water quality. Suspended Solid? - Solids that either float on the surface of, or are in suspension in water, wastewater, or other liquids, and which are largely removable by laboratory filtering. Also referred to as nonfilterable residue. Sewage - (1) The water supply of a community after it has been used and discharged into a sewer, (2) wastewater from the sanitary conveniences of dwellings, business buildings, factories and other institutions. Temperature - A measure of the heat content of water. While stream temperature is affected naturally, man significantly affects it through the construction and operation of dams and the discharge of cooling waters from industrial processes, particularly power generation. Toxic Materials - Materials which are harmful to human, plant, animal or aquatic life. These may include hundreds of compounds present in various waters such as industrial waste discharges or runoff from where pesticides have been applied. "Adversely affect" shall mean damage to the waters of the Territory that results in any of the following: 1. substantial increase in abundance or distribution of any species not representative of the highest community development achievable in receiving waters of comparable quality; 2. a substantial decrease of formerly indigenous species; -89- ------- Guam 3. changefe) in community structure to resemble a simpler succes- (con't) sional stage than is natural for the locality and season in question; 4. unaesthetic appearance, odor or taste of the waters; 5. elimination of an established or potential economic or recrea- tional use of the waters; 6. reduction of the successful completion of life cycles of indige- nousspecies, including those of migratory species; and 7. substantial reduction of community heterogeneity or trophic structure. "Aquifer" shall mean a water-bearing stratum of permeable rock, sand, or gravel. "Best pollutant removal or control" shall mean a feasible process which, as demonstrated by general use, demonstration process or pilot plants represents good engineering practice at reasonable cost at the time a discharge permit is issued by the Agency. "Coastal waters" includes "near-shore waters" "off-shore waters," and "estuaries." "Conservation" means planned management of a natural resource to prevent destruction or neglect. "Direct rapid movement" shall mean the movement of effluent through the soil and underlying rock strata in such a manner that pollutants which would adversely impact on the designated uses of the receiving water are not removed. "Discharger" shall mean any person who emits any wastewater, substance, or material into the waters of the Territory, whether or not such substance causes pollution. "Effluent" shall mean any point source wastewater discharged directly or indirectly to waters of the Territory or to any storm sewer, and the runoff from land used for the disposition of solid wastes, wastewater, or sludges. "Effluent limitation" shall mean any restriction or prohibition established under Territorial or Federal Law including, but not limited to, parameters for toxic and non-toxic discharges, standards of performance for new sources, or ocean discharge criteria. The restrictions or prohibitions shall specify quantities, rates, and concentrations of chemical, physical, biological, and other consti- tuents which are discharged to the waters of the Territory. "Equivalent to (secondary treatment)" shall mean that process or group of processes achieving a maximum practicable removal of -90- ------- Guam solid>, oils, grease, acids, alkalis, toxic materials, bacteria, taste and (con't) odor-causing materials, color and any other objectionable consti- tuents contained in untreated wastes to produce an effluent equal to that obtained from secondary treatment facilities in current use for any specific category of industrial waste. "Estuary" shall mean that region of interaction between near-shore waters and rivers within which tidal action and river flow bring about mixing of fresh and salt water. "Higher degree of treatment" shall mean any physical, biological and/or chemical method directed at removing a specified portion of the remaining pollutants before and/or after secondary treatment. "Hydrologic cycle" shall mean that natural system dealing with the properties, distribution, and circulation of water on the surface of the land, in the soil and underlying rocks, and in the atmosphere. "Lethal Concentration - 50 percent (LC50)" shall mean that concen- tration of a toxic substance in water in which 50 percent of a species of aquatic organism survives for a given time period. "Line of Mean High Water" shall mean the shoreline as indicated on the 1:24,000 Series (Topographic) Maps of the Island of Guam prepared by the U.S. Geological Survey. "Marine sanitation device" shall mean any equipment for installation on any vessel or water craft which is designed to receive, retain, treat, or discharge sewage or other pollutants or any process to treat such sewage, or other pollutants. "Mixing zone" shall mean the area or volume of a water body within which effluentfe) shall become physically mixed with the receiving waters through initial dilution. Initial dilution is the process through which the wastewater immediately mixes with the receiving water due to the momentum of the waste discharge and the difference in density between the discharge and the receiving water. The total area or volume of water designated as a mixing zone shall be limited to that area or volume which will not interfere with biological commu- nities or populations of important species to a degree which is damaging to the ecosystem and which will not cause substantial damage to or impairment of designated water uses within the mixing zone or in surrounding waters. A mixing zone shall be considered designated only when approved by the Guam Environmental Protection Agency and when concurrence of the U.S. EPA has been received. "Natural conditions" shall mean conditions free of substances or conditions or the combination of both attributable to domestic, commercial and industrial discharges, or agricultural, construction or other land-use practices. -91- ------- Guam "Near-shore waters" shall mean all coastal waters lying within a (con't) defined reef area; all coastal waters of a depth of less than ten fathoms (60 feet) and all coastal waters greater than 10 fathoms up to 1000 feet off-shore where there is no defined reef area. "New source" shall mean any wastewater sources, the construction of which is commenced on or after the effective date of these standards. "Off-shore waters" shall mean all coastal waters beyond the limits defined for "near-shore water s1' to the Territorial Limit as recognized by International Law. "Permit" shall mean a permit issued pursuant to Section 57045 of the Water Pollution Control Act. "Pollution" shall mean the alteration of the physical, chemical, or biological properties of any waters of the Territory which renders said waters harmful or detrimental for their most beneficial uses adversely and unreasonably impair the water quality of the Territory, or which renders said waters hazardous to human health or harmful or detrimental for their most beneficial uses. "Point source" shall mean any discernible, confined and discrete conveyance including, but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel or other floating craft, from which pollutants are or may be discharged. "Potable water resources" shall mean waters of the Territory actually used or intended for use for the purpose of furnishing water for drinking or general domestic use. "Receiving waterfe)" shall mean waterfe) of the Territory into which wastes or wastewaters are, or may be, discharged. "Schedule of compliance" shall mean a schedule of remedial measures and times including an enforceable sequence of actions or operations leading to compliance with any control regulation or effluent limitation. "Secondary treatment" shall mean the following degree of pollutant removal: 1. Biochemical oxygen demand (five-day). a. The arithmetic mean of the values for effluent samples collected in a period of 30 consecutive days shall not exceed 30 mg/1. b. The arithmetic mean of the values for effluent samples collected in a period of seven consecutive days shall not exceed 45 mg/1. -92- ------- Guam (con't) Puerto Rico 49 c. The arithmetic mean of the values for effluent samples collected in a period of 30 consecutive days shall not exceed 15 percent of the arithmetic mean of the values for influent samples collected at approximately the same times during the same period (85 percent removal). 2. Suspended solids a. The arithmetic mean of the values for effluent samples collected in a period of 30 consecutive days shall not exceed 30 mg/1. b. The arithmetic mean of the values for effluent samples collected in a period of seven consecutive days shall not exceed 45 mg/1. c. The arithmetic mean of the values for effluent samples collected in a period of 30 consecutive days shall not exceed 15 percent of the arithmetic mean of the values for influent samples collected at approximately the same times during the same period (85 percent removal). 3. Fecal coliform bacteria. a. The arithmetic mean of the value for effluent samples collected in a period of 30 consecutive days shall not exceed 200 per 100 ml. b. The arithmetic mean of the values for effluent samples collected in a period of seven consecutive days shall not exceed 400 per 100 ml. 4. pH. The effluent values for pH shall remain within the limits of 6.0 to 9.0. "Toxic" shall mean lethal, teratogenic or mutagenic, or otherwise damaging to man or other living organisms. "Wastewater" shall mean sewage, industrial waste, or other waste, or any combination of these, whether treated or untreated, plus any admixed land runoff. "Zone of passage" shall mean a continuous water route which joins segments of a river, stream, reservoir, estuary, or channel above, below, or around, a mixing zone without going through the mixing zone. As a minimum no less than one-third of the cross section of the water body shall be retained in compliance with the water quality criteria. Applicable rules and regulations - See sections 2.1.2. Bioassay Analytical tests for evaluating the toxicity of an effluent, specific substances or combinations of these, to representative aquatic organism, according to the standard procedures established in the "Biological Field and Laboratory Methods for Measuring the -93- ------- Puerto Rico Quality of Surface Water and Effluents, EPA July 1973, Pub. No. (con't) 670/4-73-001" or by any other method approved by EQB, and expressed in TLm 96-hours. The representative organism is to be used must be approved by the Board prior to the examination. Biota All living organisms within a region Board The Environmental Quality Board of the Commonwealth of Puerto Rico, as created pursuant to Law No. 9 of June 18, 1970. Coastal waters Ocean waters within the jurisdiction of the United States and Puerto Rico, as established by Article 8 of the Puerto Rico Federal Relations Act of 1917, as amended, and all inland waters which are subject to the ebb and flow of the tides. Coliform group (Total Coliform) All of the aerobic and facultative anaerobic gram-negative, non spore-forming rod-shaped bacteria tha£ ferment lactose broth with gas formation within 48 hours at 35°C - 0.5° C. Colloidal substances Minute substances including, but not limited to, clay or other substances which do not settle out without the use of a flocculant. Commuities Populations dominated by one species or a specific group of organisms. The community derives its name from that of the dominant organismfe), such as coral reefs, and including mangroves and limestone beds. Discontinuity That zone or transition stratum that separates the hypolimnion from the epilimnion. Desirable species Species indigenous to the area. Discharge (to), Discharge The outflow of waste water from any domestic, commercial, industrial, agricultural or any other source into receiving waters. Dissolved oxygen The concentration of free oxygen in the water. Domestic wastes Any liquid, gaseous, or solid waste or a combi- nation of all, from homes or buildings, generated as a result of satisfying the basic human and animals needs. Effluent See Discharge Emergency plan The corrective procedure to be followed in the case of oil or toxic substances spills, or in the case of damage caused by natural phenomena. Emergency plan for Puerto Rico Any plan, rule or regulation adopted by the Commonwealth of Puerto Rico for preventing, containing and countering spills of oil or toxic substances in the waters of Puerto Rico. -94- ------- Puerto Rico Environmental Protection Agency (EPA) The Environmental (con't) Protection Agency of the United States established pursuant to the Reorganization Plan Number 3 of 1970. Epilimnion That region of water that extends from the surface to the thermocline. Estuary That part of the mouth or lower course of a river in which the fresh water meets the sea water and where the ebb and flow of the tides is felt, constituting an inlet part ocean and part river. Fecal coliform The portion of the coliform group which is present in the gut or the feces of warm-blooded animals. It generally includes organisms which are capable of producing gas frorr^ lactose broth in a suitable culture medium within 24 hours at 44.5°C -0.2°C. Final Mixing Zone (FMZ) That space in the receiving water body located beyond the IMZ and defined by a discharge plume, where mixing takes place primarily because of the difference in concen- trations between the effluent and the receiving water, intermolecular reactions, ambient turbulence and temperature gradients. The deve- lopment and determination of said FMZ shall be reviewed and approved by the Board subject to the applicable provisions of Article 5 of this Regulation. FWPCAA The Federal Water Pollution control Act Amendments of 1972. Hypolimnion That region of a body of water that extends from the thermocline to the bottom of the body of water and is removed from surface influence. Industrial wastes Any liquid, gaseous, or solid waste, or a combi- nation thereof, resulting from any industrial, manufacturing, or commercial process. Initial Mixing Zone (IMZ) That space in a receiving water body immediately adjacent to an effluent discharge and defined by the discharge plume, where mixing occurs primarily because of the turbulence created by the discharge exit velocity and the density differences between the effluent and the receiving water. Where a single source is responsible for multiple discharges of effluents with similar characteristics, a single Initial Mixing Zone will be applicable. The development and determination of said Initial Mixing Zone shall be reviewed by the Board subject to the applicable provisions of Article 5 of the Regulation. Mixing zones Areas in a body of water where the effluent is diluted with the receiving waters. Municipal wastes Water carrying human and animal wastes from homes, building, industrial establishments and other places alone or in combination with industrial wastes. -95- ------- Puerto Rico Non-persistent Pesticides Those pesticides whose initial concen- (con't) tration is reduced to half their value in a period of less than 96 hours due to hydrolysis and/or bacterial action. Other wastes Garbage, residues, rotten wood, sawdust, filling, lime, ashes, offals, oil dyes, acids, chemical substances, and any other substance that may pollute or cause pollution of waters. Passageway A continuous stretch where water characteristics are affected only by the environment in such a manner that the free flow or continuous drifting of biota is always possible. Person Any juridical or natural person; any agency, department, board, public or quasi-public corporation, municipality of the Commonwealth of Puerto Rico or its municipalities; any association or group of persons. Point source Any discernable, confined and discrete conveyance, including but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel or other floating craft, from which pollutants are or may be discharged. Pollutant Any substance, refuse or waste capable of polluting the waters. Pollute (to), Pollution Altering the natural characteristics of a body of water so as to make it in any way harmful or noxious to human health, or to that of animals, or plants, or rendering it ill- smelling or impure or altering adversely its physical, chemical, micro- biological or radioactive condition, in such a way as to intefere with the enjoyment of life or property or violate the standards of purity established by this Regulation. Primary contact Any recreation or other use in which there is prolonged and intimate contact with the water involving considerable risk of ingestion in quantities sufficient to pose a significant health hazard. Refuse All waste material, including (but not limited to) garbage, rubbish, incinerator residue, street sweepings, dead animals, and animal wastes. Secondary contact Any recreactional or other use in which contact with the water is either incidental or accidental and in which the probability of ingesting appreciable quantities of water is minimal. Sewage See municipal wastes. Solid wastes All refuse including, but not limited to garbage, rubbish, incinerator residue, street sweepings, dead animals, and animal wastes. -96- ------- Puerto Rico (con't) Trust Territories Source Any discharge from a property, real or personal, which generates or may generate any water pollutant. Surface waters Any natural or artificial water source including all streams, lakes, ponds, impounding reservoirs, inland watercourses and waterways, springs, irrigation systems, drainage systems and all other inland water bodies or accumulated waters. For the purpose of this Regulation the term does not include coastal waters or those subject to the ebb and flow of tides. Thermocline That layer in a body of water where the temperature difference is greatest per unit depth. It is the layer in which the temperature gradient equals or exceeds 1°C per meter. Water pollutant See Pollutant Water pollution control facilities or equipment Any process, equipment, device, and all appurtenances thereto, used for elimi- nating, reducing, or controlling the discharge of any water pollutant. Water Quality Standards The designated water body uses or classifications, the criteria to protect those uses, and the anti- degradation statement. Waters, Waters of Puerto Rico Coastal or surface waters of Puerto Rico Wastewater See Municipal wastes Wastewater treatment facilities See Water pollution control equip- ment or facilities. (a) "Near-shore waters" means: (1) All coastal waters lying within a defined reef area; (2) All coastal waters of a depth of less than ten fathoms (60 feet); (3) All coastal waters greater than 10 fathoms up to 1,000 feet off- shore where there is no defined reef area. (b) "Off-shore waters" means all coastal waters beyond the limits defined for "near-shore waters." (c) "Coastal waters" includes "near-shore waters", "off-shore waters", and those brackish, fresh and salt waters that are subject to the ebb and flow of the tide. (d) "Best practicable treatment or control" is defined herein as not less than: (1) Treatment in accordance with national guidelines for discharge into off- hore waters provided evaluation of water current -97- ------- Trust Territories (con't) Virgin Islands H patterns demonstrates the effluent will not be brought back to the beach or near-shore waters; (2) Secondary treatment for discharge into "near-shore waters" provided that such discharge will not be made in areas which are primary contact waters for recreational purposes or will not be made into areas of unique value into which it has been determined no waste water effluent is acceptable; (3) Disinfection comminuter acceptable only on emergency basis (period 3-6 months) with special approval of the Director of Health Services or the Chairman of the Environmental Protection Board. (e) "Receiving water" is that stream, aquifer, or body of water receiving a discharge in any physical form. (f) "Standards of water quality" is herein defined to be synonymous with the meaning of "water quality criteria" as defined in the Federal Water Pollution Control Act, as amended. (g) "Primary contact waters for recreational purposes" are those waters where such activities as swimming, wading, water skiing, surfing, and other activities occur and in which there is prolonged and intimate contact with the water involving considerable risk of ingesting water in quantities sufficient to pose a significant health hazard. Not Specified *U S GOVERNMENT PRINTING OFFICE: 1980 341-082/126 -98- ------- ------- »*» US Environmental ------- United States Environmental Protection Agency Washington DC 20460 Official Business Penalty for Private Use $300 Postage and Fees paid Environmental Protection Agency EPA 335 Third-Class ------- |