The following definitions, derived from the general
definitions of 40 CFR
401.11 and the pretreatment-specific
definitions of 40 CFR
403.3, apply to this Part and 35 Ill. Adm.
Code 307:
"Act" means the Environmental Protection Act [415 ILCS 5
].
"Agency" means the Illinois Environmental Protection
Agency.
BOARD NOTE: The Board has consistently rendered "Director",
as defined in corresponding 40 CFR 403.3(g),
as "Agency" for all functions within the Agency's statutory authority and that
USEPA has not clearly reserved the function to itself.
"Approval Authority" means the Agency after USEPA has
approved the Illinois wastewater pretreatment program. "Approval Authority"
means USEPA before USEPA approval of the Illinois wastewater pretreatment
program.
BOARD NOTE: Derived from
40 CFR
403.3(c) (2016).
"Approved POTW pretreatment program" or "program" or "POTW
pretreatment program" means a program administered by a POTW that has been
approved by USEPA, under 40
CFR 403.11, or the Agency, in accordance with
Sections 310.541 through
310.546.
BOARD NOTE: Derived from
40 CFR
403.3(d) (2016).
"Authorization to discharge" means an authorization issued to
an industrial user by a POTW that has an approved pretreatment program. The
authorization may consist of a permit, license, ordinance, or another mechanism
specified in the approved pretreatment program.
BOARD NOTE: The Board added this term to distinguish a
"pretreatment permit," which is a control mechanism issued by the
Agency.
"Best management practices" or "BMPs" means schedules of
activities, prohibitions of practices, maintenance procedures, and other
management practices to implement the prohibitions listed in Sections
310.201(a) and
(c) and
310.202. BMPs also include
treatment requirements, operating procedures, and practices to control plant
site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw
materials storage.
BOARD NOTE: Derived from
40 CFR
403.3(e) (2016).
"Blowdown" means the minimum discharge of recirculating water
for discharging materials contained in the water, the further buildup of which
would cause concentration in amounts exceeding limits established by best
engineering practice.
BOARD NOTE: Derived from
40 CFR
401.11(p) (2016).
"Board" means the Illinois Pollution Control Board.
BOARD NOTE: The Board has consistently rendered "Director,"
as defined in corresponding 40 CFR 403.3(g),
as "Board" for all functions within the Board's statutory authority and for
which USEPA has not clearly reserved the function to itself.
"CWA" means Federal Water Pollution Control Act, also known
as the Clean Water Act, as amended (33 U.S.C. 1251 et seq.).
BOARD NOTE: Derived from
40 CFR
403.3(b) (2016).
"Control Authority" refers to the appropriate of the
following:
The POTW, if the POTW's pretreatment program submission has
been approved by the Agency, in accordance with the requirements of Sections
310.541 through
310.546 or by USEPA in
accordance with 40 CFR
403.11; or
The Approval Authority, if no pretreatment program submission
has yet been approved.
BOARD NOTE: Derived from
40 CFR
403.3(f) (2016).
"Existing source" means any building, structure, facility, or
installation from which there is or may be a discharge of pollutants, the
construction of which occurred before the date that would qualify the building,
structure, facility, or installation for definition as a "new source", as
defined in Section 310.111.
BOARD NOTE: The Board added this definition of a fundamental
term that is used throughout the categorical standards to determine the
applicability of those standards.
"Indirect discharge" or "discharge" means the introduction of
pollutants into a POTW from any non-domestic source regulated under section
307(b), (c), or (d) of the CWA (33 U.S.C. 1317(b), (c), or
(d)), incorporated by reference in Section
310.107.
BOARD NOTE: Derived from
40 CFR
403.3(i) (2016).
"Industrial user" or "user" means a source of an indirect
discharge.
BOARD NOTE: Derived from
40 CFR
403.3(j) (2016).
"Industrial wastewater" means the spent or used water
containing dissolved or suspended matter discharged by an industrial user to a
sewer tributary to a POTW.
"Interference" means a discharge, alone or in conjunction
with a discharge or discharges from other sources, for which both of the
following are true:
The discharge inhibits or disrupts the POTW, its treatment
processes or operations, or its sludge processes, use, or disposal; and
As a result of the inhibition or disruption, the discharge is
a cause of a violation of any requirement of the POTW's NPDES permit (including
an increase in the magnitude or duration of a violation) or the prevention of
sewage sludge use or disposal in compliance with applicable laws and permits
issued under those laws, including
33 U.S.C.
405 and
40 CFR 503 (federal standards for
sewage sludge use and disposal) and State standards relating to sludge use and
disposal (such as 415 ILCS 5/21 and 22.56a and 35
Ill. Adm. Code 309.155,
309.208, and 391),
42 U.S.C.
6901 et seq. (the federal Resource
Conservation and Recovery Act (hazardous waste and municipal solid waste
disposal requirements)) and 35 Ill. Adm. Code: Subtitle G derived from the
federal solid waste and hazardous waste management standards,
42 U.S.C.
7401 et seq. (the federal Clean Air Act) and
35 Ill. Adm. Code: Subtitle B derived from the federal Clean Air Act standards,
53 U.S.C. 2601 et seq. (the federal Toxic Substances Control Act) or any
Illinois requirements relating to toxic substances (such as
415 ILCS
5/21 and 35 Ill. Adm. Code 742, 807, and 810), and
33 U.S.C.
1401 et seq. (the federal Marine Protection,
Research, and Sanctuaries Act).
BOARD NOTE: Derived from
40 CFR
403.3(k) (2016).
"Municipality". See "unit of local government".
"New source" means a new source as defined in Section
310.111.
BOARD NOTE: Derived from
40 CFR
401.11(e) and
403.3(m)
(2016).
"Noncontact cooling water" means water used for cooling that
does not come into direct contact with any raw material, intermediate product,
waste product, or finished product.
BOARD NOTE: Derived from
40 CFR
401.11(n) (2016).
"Noncontact cooling water pollutants" means pollutants
present in noncontact cooling waters.
BOARD NOTE: Derived from
40 CFR
401.11(o) (2016).
"NPDES permit" means a permit issued to a POTW under Section
402 of the CWA or Section 12(f) of the Act and Subpart A of 35 Ill. Adm. Code
309.
BOARD NOTE: Derived from
40 CFR
403.3(n) (2016).
"Pass through" means a discharge of pollutants that exits the
POTW into waters of the State in quantities or concentrations which, alone or
in conjunction with a discharge or discharges from other sources, is a cause of
a violation of any requirement of the POTW's NPDES permit (including an
increase in the magnitude or duration of a violation).
BOARD NOTE: Derived from
40 CFR
403.3(p) (2016).
"Person" means an individual, corporation, partnership,
association, State, unit of local government, commission, or any interstate
body. This term includes the United States government, the State of Illinois,
and their political subdivisions.
BOARD NOTE: Derived from
40 CFR
401.11(m) (2016) and
33 U.S.C.
1362(5) (2014).
"Point source" means any discernible, confined, and discrete
conveyance, including 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.
BOARD NOTE: Derived from
40 CFR
401.11(d) (2016).
"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 a sewer.
BOARD NOTE: Derived from
40 CFR
401.11(f) (2016).
"Pollution" means the man-made or man-induced alteration of
the chemical, physical, biological, and radiological integrity of water.
BOARD NOTE: Derived from
40 CFR
401.11(g) (2015).
"POTW treatment plant" means that portion of the POTW that is
designed to provide treatment (including recycling and reclamation) of
municipal sewage and industrial wastewater.
BOARD NOTE: Derived from
40 CFR
403.3(r) (2016).
"Pretreatment" means the reduction of the amount of
pollutants, the elimination of pollutants, or the alteration of the nature of
pollutant properties in wastewater prior to or in lieu of discharging or
otherwise introducing such pollutants into a POTW. The reduction or alteration
may be obtained by physical, chemical, or biological processes; process
changes; or by other means, except as prohibited by Section
310.232. Appropriate
pretreatment technology includes control equipment, such as equalization tanks
or facilities, for protection against surges or slug loadings that might
interfere with or otherwise be incompatible with the POTW. However, if
wastewater from a regulated process is mixed in an equalization facility with
unregulated wastewater or with wastewater from another regulated process, the
effluent from the equalization facility must meet an adjusted pretreatment
limit calculated in accordance with Section
310.233.
BOARD NOTE: Derived from
40 CFR
403.3(s) (2016).
"Pretreatment permit" means a permit to discharge to a sewer
that is issued by the Agency as the Control Authority.
BOARD NOTE: The Board added this term to distinguish an
"authorization to discharge," which is a control mechanism issued by a
POTW.
"Pretreatment requirement" means any substantive or
procedural requirement related to pretreatment imposed on an industrial user by
a pretreatment permit or lawful order, other than a pretreatment
standard.
BOARD NOTE: Derived from
40 CFR
403.3(t) (2016).
"Pretreatment standard" or "standard" means any regulation
containing pollutant discharge limits promulgated by USEPA, and incorporated by
reference in 35 Ill. Adm. Code 307. This term includes prohibitive discharge
limits established under Sections
310.201 through 310.213 or 35
Ill. Adm. Code 307.1101. This term also
includes more stringent prohibitions and standards adopted by the Board in this
Part or 35 Ill. Adm. Code 307, including 35 Ill. Adm. Code 307.1101, 307.1102,
and 307.1103. The term also includes local limits that are a part of an
approved pretreatment program, as provided in Section
310.211.
BOARD NOTE: Derived from
40 CFR
403.3(l) (2016).
"Process wastewater" means any water that, 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.
BOARD NOTE: Derived from
40 CFR
401.11(q) (2016).
"Process wastewater pollutants" means pollutants present in
process wastewater.
BOARD NOTE: Derived from
40 CFR
401.11(r) (2016).
"Publicly owned treatment works" or "POTW" means a "treatment
works" that is owned by the State of Illinois or a "unit of local government."
This definition includes any devices and systems used in the storage,
treatment, recycling, and reclamation of municipal sewage or industrial
wastewater. It also includes sewers, pipes, and other conveyances only if they
convey wastewater to a POTW treatment plant. The term also means the "unit of
local government" that has jurisdiction over the indirect discharges to and the
discharges from such a treatment works.
BOARD NOTE: Derived from
40 CFR
403.3(q) (2016).
"Schedule of compliance" means a schedule of remedial
measures included in an authorization to discharge or a pretreatment permit, or
an NPDES permit, including an enforceable sequence of interim requirements (for
example, actions, operations, or milestone events) leading to compliance with
this Part and 35 Ill. Adm. Code 307. A schedule of compliance does not protect
an industrial user or POTW from enforcement.
BOARD NOTE: Derived from
40 CFR
401.11(m) (2016) and
33 U.S.C.
1362(17).
"Significant industrial user" means significant industrial
user as defined in Section
310.112.
BOARD NOTE: Derived from
40 CFR
403.3(v) (2016).
"Sludge requirements" means any of the following permits or
regulations: 35 Ill. Adm. Code
309.155 (NPDES Permits),
309.208 (Permits for Sites
Receiving Sludge for Land Application),
703.121 (RCRA Permits),
807.202 (Solid Waste Permits);
Section 39(b) of the Act (NPDES Permits); Section 405(b) of the federal Clean
Water Act (federally-imposed sludge use and management requirements); and 40
CFR 501 and 503.
BOARD NOTE: Derived from
40 CFR
403.3(k)(2) and
403.7(a)
(2016).
"Submission" means a request to the Agency by a POTW for
approval of a pretreatment program, or for authorization to grant removal
credits.
BOARD NOTE: Derived from
40 CFR
403.3(w) (2016).
"Treatment works" is as defined in
33 U.S.C.
1292(2), incorporated by
reference in Section 310.107. It includes any devices and systems used in the
storage, treatment, recycling, and reclamation of municipal or industrial
wastewater to implement 33
U.S.C. 1281, or necessary to recycle or reuse
water at the most economical cost over the estimated life of the works,
including intercepting sewers, outfall sewers, sewage collection systems,
pumping, power, and other equipment.
BOARD NOTE: Derived from
40 CFR
403.3(q) (2016) and
33 U.S.C.
1292(2).
"Unit of local government" means a unit of local government,
as defined by Art. 7, Sec. 1 of the Illinois Constitution. Unit of local
government includes municipalities and sanitary districts.
BOARD NOTE: Derived from
40 CFR
401.11(m) (2016) and
33 U.S.C.
1362(4).
"USEPA" means the United States Environmental Protection
Agency.
