40 CFR 401.11 - General definitions.
For the purposes of parts 402 through 699 of this subchapter:
(a) The term Act means the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.,86 Stat. 816, Pub. L. 92-500.
(b) The term Administrator means the Administrator of the United States Environmental Protection Agency.
(c) The term Environmental Protection Agency means the United States Environmental Protection Agency.
(d) The term 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.
(e) The term new source means any building, structure, facility or installation from which there is or may be the discharge of pollutants, 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.
(f) The term pollutant means dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal and agricultural waste discharged into water. It does not mean (1) sewage from vessels or (2) 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, used either to facilitate production or for disposal purposes, is approved by authority of the State in which the well is located, and if such State determines that such injection or disposal will not result in degradation of ground or surface water resources.
(g) The term pollution means the man-made or man induced alteration of the chemical, physical, biological and radiological integrity of water.
(h) The term discharge of pollutant(s) means: (1) The addition of any pollutant to navigable waters from any point source and (2) any addition of any pollutant to the waters of the contiguous zone or the ocean from any point source, other than from a vessel or other floating craft. The term “discharge” includes either the discharge of a single pollutant or the discharge of multiple pollutants.
(i) The term effluent limitation means any restriction established by the Administrator on quantities, rates, and concentrations of chemical, physical, biological and other constituents which are discharged from point sources, other than new sources, into navigable waters, the waters of the contiguous zone or the ocean.
(j) The term effluent limitations guidelines means any effluent limitations guidelines issued by the Administrator pursuant to section 304(b) of the Act.
(k) The term standard of performance means any restriction established by the Administrator pursuant to section 306 of the Act on quantities, rates, and concentrations of chemical, physical, biological, and other constituents which are or may be discharged from new sources into navigable waters, the waters of the contiguous zone or the ocean.
(l) The term navigable waters includes: All navigable waters of the United States; tributaries of navigable waters of the United States; interstate waters; intrastate lakes, rivers, and streams which are utilized by interstate travelers for recreational or other purposes; intrastate lakes, rivers, and streams from which fish or shellfish are taken and sold in interstate commerce; and intrastate lakes, rivers, and streams which are utilized for industrial purposes by industries in interstate commerce. Navigable waters do not include prior converted cropland. Notwithstanding the determination of an area's status as prior converted cropland by any other federal agency, for the purposes of the Clean Water Act, the final authority regarding Clean Water Act jurisdiction remains with EPA.
(m) The terms state water pollution control agency, interstate agency, State, municipality, person, territorial seas, contiguous zone, biological monitoring, schedule of compliance, and industrial user shall be defined in accordance with section 502 of the Act unless the context otherwise requires.
(n) The term noncontract cooling water means water used for cooling which does not come into direct contact with any raw material, intermediate product, waste product or finished product.
(o) The term noncontact cooling water pollutants means pollutants present in noncontact cooling waters.
(p) The term blowdown means the minimum discharge of recirculating water for the purpose of discharging materials contained in the water, the further buildup of which would cause concentration in amounts exceeding limits established by best engineering practice.
(q) The term process waste water means any water which, during manufacturing or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, by-product, or waste product.
[39 FR 4532, Feb. 1, 1974, as amended at 58 FR 45038, Aug. 25, 1994]
Title 40 published on 2013-07-01
no entries appear in the Federal Register after this date.