PART I. DEFINITIONS AND GENERAL PROVISIONS

 

§342D-1  Definitions.  As used in thischapter, unless the context otherwise requires:

“Available recycled water service” means theexistence of an operable recycled water distribution main within one hundred feetof the property line.

“Coastal waters” means all waters surroundingthe islands of the State from the coast of any island to a point three milesseaward from the coast, and, in the case of streams, rivers, and drainageditches, to a point three miles seaward from their point of discharge into thesea and includes those brackish waters, fresh waters, and salt waters that aresubject to the ebb and flow of the tide.

“Complaint” means any written charge filed withor by the department that a person is violating any provision of this chapteror any rule or order adopted pursuant to this chapter.

“Department” means the department of health.

“Director” means the director of health.

“Domestic sewage” is waste and wastewater fromhumans or household operations that:

(1)  Is discharged to or otherwise enters a treatmentworks; or

(2)  Is of a type that is usually discharged to orotherwise enters a treatment works or an individual wastewater system.

Individual wastewater systems include cesspools,septic tanks, and household aerobic units.  As used here “waste” means anyliquid, gaseous, and solid substance, whether treated or not, and whether ornot it pollutes or tends to pollute state waters, and “waste” excludesindustrial and agricultural substances that are not combined with substancesfrom humans or household operations.  As used here “wastewater” means anyliquid “waste,” as used above, whether treated or not.

“Drainage ditch” means that facility used tocarry storm runoff only.

“Effluent” means any substance discharged intostate waters, publicly owned treatment works, or sewerage systems, including,but not limited to, sewage, waste, garbage, feculent matter, offal, filth,refuse, any animal, mineral, or vegetable matter or substance, and any liquid,gaseous, or solid substances.

“Effluent sources” include, but are not limitedto, sewage outfalls, refuse systems and plants, water systems and plants,industrial plants, and contributors to publicly owned treatment works orsewerage systems.

“Industrial user” means a source of waterpollutants into a publicly owned treatment works from any nondomestic sourceregulated under section 307(b), (c), or (d) of the Federal Water PollutionControl Act.

“Management practices” include treatment,processing, storage, transport, use, and disposal.

“New source” means any source of waterpollution the construction of which is commenced after the adoption of rulesprescribing a standard of performance which will be applicable to such source.

“Party” means each person or agency named asparty or properly entitled to be a party in any court or agency proceeding.

“Permit” means written authorization from thedirector to discharge waste or to construct, modify, or operate any waterpollution source.  A permit authorizes the grantee to cause or discharge wasteor water pollution in a manner or amount, or to do an act, not forbidden bythis chapter or by rules adopted under this chapter, but requiring review bythe department.

“Person” means any individual, partnership, firm,association, public or private corporation, federal agency, the State or any ofits political subdivisions, trust, estate, or any other legal entity.

“Pollution” means water pollution.

“Recycled water” and “reclaimed water” meantreated wastewater that by design is intended or used for a beneficial purpose.

“Sewage sludge” means any solid, semi-solid, orliquid residue removed during the treatment of municipal wastewater or domesticsewage.  Sewage sludge includes, but is not limited to, solids removed duringprimary, secondary, or advanced wastewater treatment, scum, septage, portabletoilet pumping, Type III Marine Sanitation device pumpings (33 Code of FederalRegulations Part 159), and sewage sludge products.  Sewage sludge does notinclude grit, screenings, or ash generated during the incineration of sewagesludge.

“Sewerage system” means pipelines or conduits,pumping stations, and force mains, and all other structures, devices,appurtenances, and facilities used for collecting or conducting wastes to anultimate point for treatment or disposal.

“Standard of performance” means a standard forthe control of the discharge of water pollutants which reflects the greatestdegree of effluent reduction which the director determines to be achievable throughapplication of the best demonstrated control technology, processes, operatingmethods, or other alternatives, including, where practicable, a standardpermitting no discharge of water pollutants.

“State waters” means all waters, fresh,brackish, or salt, around and within the State, including, but not limited to,coastal waters, streams, rivers, drainage ditches, ponds, reservoirs, canals,ground waters, and lakes; provided that drainage ditches, ponds, and reservoirsrequired as a part of a water pollution control system are excluded.

“Treatment works” means any plant or otherfacility used for the purpose of controlling water pollution.

“Variance” means special written authorizationfrom the director to cause or discharge waste or water pollution in a manner orin an amount in excess of applicable standards, or to do an act that deviatesfrom the requirements of rules adopted under this chapter.

“Waste” means sewage, industrial andagricultural matter, and all other liquid, gaseous, or solid substance,including radioactive substance, whether treated or not, which may pollute ortend to pollute the waters of this State.

“Wastewater” means any liquid waste, whethertreated or not, and whether animal, mineral, or vegetable includingagricultural, industrial, and thermal wastes.

“Water pollutant” means dredged spoil, solidrefuse, incinerator residue, sewage, garbage, sewage sludge, munitions,chemical waste, biological materials, radioactive materials, heat, wrecked ordiscarded equipment, rock, sand, soil, sediment, cellar dirt and industrial,municipal, and agricultural waste.

“Water pollution” means:

(1)  Such contamination or other alteration of thephysical, chemical, or biological properties of any state waters, includingchange in temperature, taste, color, turbidity, or odor of the waters, or

(2)  Such discharge of any liquid, gaseous, solid,radioactive, or other substances into any state waters,

as will or is likely to create a nuisance or rendersuch waters unreasonably harmful, detrimental, or injurious to public health,safety, or welfare, including harm, detriment, or injury to public watersupplies, fish and aquatic life and wildlife, recreational purposes andagricultural and industrial research and scientific uses of such waters or aswill or is likely to violate any water quality standards, effluent standards,treatment and pretreatment standards, or standards of performance for newsources adopted by the department. [L 1989, c 212, pt of §2; am L 1990, c 298,§2; am L 1995, c 180, §5; am L 1999, c 193, §2 and c 288, §2; am L 2001, c269,§2]

 

Revision Note

 

  Subparagraphs (1) and (2) in definition of domestic sewageredesignated pursuant to §23G-15(1).