The following definitions apply to this title, unless
otherwise specified in the particular chapter of this title:
"Act" means the Federal Water Pollution
Control Act as amended through July 1, 2021,
33 U.S.C. §
1251 et seq.
"Acute toxicity" means that level of
pollutants which would rapidly induce a severe and unacceptable impact on
organisms.
"Application for a construction permit"
means the engineering report, plans and specifications and other data deemed
necessary by the department for the construction of a proposed wastewater
disposal system or part thereof.
"Application for an operation permit" means
a written application for an operation or NPDES permit made on forms provided
by the department.
"Approved pretreatment program" means a
program administered by a publicly owned treatment works that meets the
criteria established in 40 CFR Part 403 and which has been approved by the
director.
"Aquatic pesticide" means any pesticide, as
defined in Iowa Code section
206.2, that is
labeled for application to surface water.
"ASTM" means "Annual Book of Standards, Part
31, Water." The publication is available from the American Society for Testing
and Materials, 1916 Race St., Philadelphia, Pennsylvania 19103.
"Average dry weather flow" or
"ADW" means the daily average flow when the groundwater is at
or near normal and runoff is not occurring.
"Average wet weather flow" or
"AWW" means the daily average flow for the wettest 30
consecutive days for mechanical plants or for the wettest 180 consecutive days
for controlled discharge lagoons.
"Best management practice (BMP)" means a
practice or combination of practices that is determined, after problem
assessment, examination 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 compatible 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.
"Bypass" means the diversion of waste
streams from any portion of a treatment facility or collection system. A bypass
does not include internal operational waste stream diversions that are part of
the design of the treatment facility, maintenance diversions where redundancy
is provided, diversions of wastewater from one point in a collection system to
another point in a collection system, or wastewater backups into buildings that
are caused in the building lateral or private sewer line.
"Carbonaceous biochemical oxygen demand
(five-day)" means the amount of oxygen consumed in the biological
processes that break down carbonaceous organic matter in water by aerobic
biochemical action in five days at 20°C.
"CFR" or "Code of Federal
Regulations" means the federal administrative rules adopted by the
United States in effect as of July 1, 2021. The amendment of the date contained
in this definition shall constitute the amendment of all CFR references
contained in 567-Chapters 60 to 69, Title IV, unless a date of adoption is set
forth in a specific rule.
"Chronic toxicity" means that level of
pollutants which would, over long durations or recurring exposure, cause a
continuous, adverse or unacceptable response in organisms.
"Combined sewer overflow" means the
discharge from a combined sewer system at a point prior to the treatment
works.
"Combined sewer system" means a wastewater
collection system owned by a municipality which conveys sanitary wastewater
(domestic, commercial, and industrial) and storm water through a single pipe
system to the treatment plant.
"Construction permit" means a written
approval from the director to construct a wastewater disposal system or part
thereof in accordance with the plans and specifications approved by the
department.
"Continuing planning process (CPP)" means
the continuing planning process, including any revision thereto, required by
Sections 208 and 303(e) of the Act (
33 U.S.C. §§
1288 and
1313(e)
) for state water pollution control agencies. The continuing planning process
is a time-phased process by which the department, working cooperatively 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 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 (such 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 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, defines specific programs, priorities and targets for preventing and
controlling water pollution in individual approved planning areas and
establishes policies which guide decision making over at least a 20-year span
of time (in increments of 5 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.
"Crossover point" means that location in a
river or stream in which the flow shifts from being principally along one bank
to the opposite bank. This crossover point usually occurs within two curves or
an S-shaped curve of a water course.
"Culture water" means reconstituted water or
other acceptable water used for culturing test organisms.
"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 5 feet thick located at least 25 feet below
the normal ground surface and above the aquifer from which water is to be
drawn.
"Diluted effluent sample" means a sample of
effluent diluted with culture water at the same ratio as the dry weather design
flow to the applicable receiving stream flow contained in the zone of initial
dilution as allowed in 567-subrule 61.2(4), regulatory mixing zones, including
paragraphs "b," "c" and "d."
"Dilution ratio" means, for a specific
wastewater discharger, the ratio of the seven-day, ten-year low stream flow to
the effluent design flow, e.g., a dilution ratio of 2:1 has two parts stream
flow to one part effluent flow.
"Discharge of a pollutant" means any
addition of any pollutant or combination of pollutants to navigable waters or
waters of the state from any point source. "Discharge of a pollutant" includes
additions of pollutants into navigable waters or waters of the state from
surface runoff which is collected or channeled by human activity; discharges
through pipes, sewers, or other conveyances owned by a state, municipality, or
other person which do not lead to a treatment works; and discharges through
pipes, sewers, or other conveyances, leading into privately owned treatment
works. "Discharge of a pollutant" does not include an addition of pollutants by
any indirect discharger.
"Disposal system" means a system for
disposing of sewage, industrial waste, or other wastes, or for the use or
disposal of sewage sludge. "Disposal system" includes sewer systems, treatment
works, point sources, dispersal systems, and any systems designed for the usage
or disposal of sewage sludge.
"Effluent toxicity test" means a test to
determine the toxicity of a chemical or chemicals contained in a wastewater
discharge on living organisms in a static 48-hour exposure under laboratory
conditions.
"Excessive infiltration/inflow (I/I)" as
referred to in the discussion of secondary treatment is the quantity of I/I
which is more economical to remove from the sewer system than to transport and
treat at a wastewater facility. Within the cost-effectiveness analysis
performed to determine excessive I/I, the transportation and treatment costs
will be based on the percent removal requirements specified in the appropriate
subrule, 567-subrule 62.3(1) or 62.3(3).
"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 + / -
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.
"General permit" means an NPDES permit
issued to a class of facilities which could be conditioned and described by a
single permit.
"Human health criteria" means that level of
pollution which, in the case of noncarcinogens, prevents adverse health effects
in humans, and in the case of carcinogens, represents a level of incremental
cancer risk of 1 in 100,000. The numerical criteria are based on the human
consumption of an average of 6.5 grams of fish and shellfish per day by a
70-kilogram individual for a life span of 70 years.
"Indirect discharger" means a non-domestic
discharger introducing pollutants to a publicly owned treatment works.
"Individual non-storm water permit" means a
site-specific NPDES or operation permit that is not an individual storm water
permit and that authorizes discharges of sewage, industrial waste, or other
waste and allowable discharges of storm water associated with industrial
activity, as specifically noted in the permit.
"Individual storm water permit" means an
individual site-specific NPDES permit that authorizes discharges composed
entirely of storm water associated with industrial activity or construction
activity and other allowable non-storm water discharges as specifically noted
in the permit.
"Industrial waste" means any liquid,
gaseous, radioactive, or solid waste substance resulting from any process of
industry, manufacturing, trade, or business, or from the development of any
natural resource.
"Interference" means a discharge which,
alone or in conjunction with a discharge or discharges from other sources,
both:
1. Inhibits or disrupts a POTW, its treatment process or
operations, or its sludge processes, use or disposal; and
2. Is a cause of a violation of any requirement of a POTW
NPDES permit including an increase in the magnitude or duration of a violation
or the prevention of sewage sludge use or disposal.
"Intermittent watercourses" means
watercourses which contain flow associated with rainfall/runoff events and
which periodically go dry even in pooled areas.
"Local public works department" means a city
or county public works department, a board of trustees of a city utility
organized pursuant to Iowa Code chapter 388, or a sanitary sewer district
organized pursuant to Iowa Code chapter 358.
"Losing streams" means streams which lose 30
percent or more of their flow during the seven-day, ten-year low stream flow
periods to cracks and crevices of rock formations, sand and gravel deposits, or
sinkholes in the streambed.
"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 homogeneous clays below the zone of weathering, mudstone,
claystone, shale, and some glacial till.
"Major," for municipalities, means a
facility having an average wet weather design flow of 1.0 million gallons per
day (MGD) or greater. For industries "major" means a facility which is
designated by EPA as being a major industry based on the EPA point rating
system.
"Major permit amendment" or "major
modification" means a permit modification that is not a minor permit
amendment as defined in this rule.
"Maximum wet weather flow" or
"MWW" means the total maximum flow received during any 24-hour
period when the groundwater is high and runoff is occurring.
"Milligrams per liter (mg/l)" 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.
"Minimum flow" means that established stream
flow in lieu of the seven-day, ten-year low stream flow to which the provisions
of 567-Chapter 61 apply.
"Minor" means all remaining municipal and
industrial facilities which have wastewater discharge flows and which are not
designated as major facilities.
"Minor permit amendment" or "minor
modification" means a permit modification made with the consent of the
permittee that occurs as a result of any of the following:
1. Correction of a typographical error;
2. Modification of the monitoring and reporting requirements
in the permit to include more frequent monitoring or reporting;
3. Revision of an interim date in a compliance schedule,
provided that the new date is not more than 120 days after the date specified
in the permit and does not interfere with the attainment of the final
compliance date;
4. Change in facility name or ownership;
5. Deletion of a point source outfall that does not result in
the discharge of pollutants from other outfalls; or
6. Incorporation of an approved local pretreatment program.
"Mixing zone" means a delineated portion of
a stream or river in which wastewater discharges will be allowed to combine and
disperse into the water body. The chronic criteria of 567-subrule 61.3(3) will
apply at the boundary of this zone.
"Mortality" means, for the purpose of the
48-hour acute toxicity test, death, immobilization, or serious incapacitation
of the test organisms.
"Navigable water" means a water of the
United States as defined in 40 CFR Part 122.2 .
"Nephelometric" means the nephelometric
method of determining turbidity as stated in Standard Methods, pp.
132-134.
"New discharger" means any building,
structure, facility, or installation:
1. From which there is or may be a "discharge of
pollutants";
2. That did not commence the "discharge of pollutants" at a
particular "site" prior to August 13, 1979;
3. Which is not a "new source"; and
4. Which has never received a finally effective NPDES permit
for discharges at that "site."
This definition includes an "indirect discharger" which
commences discharging into "waters of the United States" after August 13, 1979.
It also includes any existing mobile point source (other than an offshore or
coastal oil and gas exploratory drilling rig or a coastal oil and gas
developmental drilling rig) such as a seafood processing rig, seafood
processing vessel, or aggregate plant that begins discharging at a "site" for
which it does not have a permit; and any offshore or coastal mobile oil and gas
exploratory drilling rig or coastal mobile oil and gas developmental drilling
rig that commences the discharge of pollutants after August 13, 1979, at a
"site" under EPA's permitting jurisdiction for which it is not covered by an
individual or general permit and which is located in an area determined by the
Regional Administrator in the issuance of a final permit to be an area of
biological concern. In determining whether an area is an area of biological
concern, the Regional Administrator shall consider the factors specified in
40
CFR 125.122(a)(1) through
(10).
An offshore or coastal mobile exploratory drilling rig or
coastal mobile developmental drilling rig will be considered a "new discharger"
only for the duration of its discharge in an area of biological concern.
"New source" means any building, structure,
facility or installation from which there is or may be a discharge of
pollutants to a navigable water, the construction of which commenced after the
promulgation of standards of performance under Section 306 of the Act which are
applicable to such source, provided that:
1. The building, structure, facility or installation is
constructed at a site at which no other source is located; the building,
structure, facility or installation totally replaces the process or production
equipment that causes the discharge of pollutants at an existing source; or the
production or wastewater generating processes of the building, structure,
facility or installation are substantially independent of an existing source at
the same site. In determining whether these are substantially independent,
factors, such as the extent to which the new facility is integrated with the
existing plant and the extent to which the new facility is engaged in the same
general type of activity as the existing source, should be considered.
2. Construction on a site at which an existing source is
located results in a modification rather than a new source if the construction
does not create a new building, structure, facility or installation meeting the
criteria of paragraph "1" but otherwise alters, replaces, or adds to existing
process or production equipment.
3. Construction of a new source as defined pursuant to this
rule has commenced if the owner or operator has:
* Begun, or caused to begin, as part of a continuous on-site
construction program, any placement, assembly, or installation of facilities or
equipment; or significant site preparation work including clearing, excavation,
or removal of existing buildings, structures, or facilities which is necessary
for the placement, assembly, or installation of new source facilities or
equipment; or
* Entered into a binding contractual obligation for the
purchase of facilities or equipment which is intended to be used in the
operation of the new source within a reasonable time. Options to purchase or
contracts which can be terminated or modified without substantial loss, and
contracts for feasibility, engineering, and design studies do not constitute a
contractual obligation under this definition.
"Nonpoint source" means a source of
pollutants that is not a point source.
"NPDES permit" means an operation permit,
issued after the department has obtained approval of its National Pollutant
Discharge Elimination System (NPDES) program from the administrator, that
authorizes the discharge of any pollutant into a navigable water.
"Operation permit" means a written permit by
the director authorizing the operation of a wastewater disposal system or part
thereof or discharge source and, if applicable, the discharge of wastes from
the disposal system or part thereof or discharge source to waters of the state.
An NPDES permit will constitute the operation permit in cases where there is a
discharge to a water of the United States and an NPDES permit is required by
the Act.
"Other waste" means heat, garbage, municipal
refuse, lime, sand, ashes, offal, oil, tar, chemicals, and all other wastes
which are not sewage or industrial waste.
"Pass through" means a discharge which,
alone or in conjunction with a discharge or discharges entering the treatment
facility from other sources, exits a POTW or semipublic sewage disposal system
in quantities or concentrations which cause a violation of any requirement of
the treatment facility's NPDES permit including an increase in the magnitude or
duration of a violation.
"Pathogen" means any microorganism or virus
that can cause disease.
"Permit rationale" means a document that
sets forth the principal facts and the significant factual, legal,
methodological, and policy questions considered in preparing a draft operation
or NPDES permit.
"Pesticide" shall have the definition as
stated in Iowa Code section
206.2.
"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 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. This term does not include
agricultural storm water discharges and return flows from irrigated
agriculture.
"Pollutant" means sewage, industrial waste,
or other waste.
"Population equivalent" means the calculated
number of people who would contribute an equivalent amount of biochemical
oxygen demand (BOD) per day as the system in question, assuming that each
person contributes 0.167 pounds of five-day, 20 degrees Celsius, BOD per
day.
"Positive toxicity test result" means a
statistical significant difference of mortality rate between the control and
the diluted effluent test.
"POTW" or "publicly owned treatment
works" means any device or system used in the treatment of municipal
sewage or industrial wastes of a liquid nature which is owned by a municipal
corporation or other public body created by or under Iowa law and having
jurisdiction over disposal of sewage, industrial wastes or other wastes, or a
designated and approved management agency under Section 208 of the Act.
"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, by
process changes, or by other means, except as prohibited in
40 CFR
403.6(d).
"Pretreatment requirements" means any
substantive or procedural requirement related to pretreatment, other than a
national pretreatment standard, imposed on an industrial user.
"Pretreatment standard" or "national
pretreatment standard" means any regulation containing pollutant
discharge limits promulgated by EPA in accordance with Section 307(b) and (c)
of the Act, which applies to industrial users. "Pretreatment standard" includes
prohibitive discharge limits established pursuant to
40 CFR
403.5.
"Primary contact" means any recreational or
other water use in which there is direct human contact with the water involving
considerable risk of ingestion of water or contact with sensitive body organs
such as the eyes, ears and nose, in quantities sufficient to pose a significant
health hazard.
"Private sewage disposal system" means a
system which provides for the treatment or disposal of domestic sewage from
four or fewer dwelling units or the equivalent of less than 16 individuals on a
continuing basis, including domestic waste, whether residential or
nonresidential, but not including industrial waste of any flow rate except as
provided for in 567-68.11 (455B). "Private
sewage disposal system" includes, but is not limited to, septic tanks, holding
tanks for waste, chemical toilets, impervious vault toilets and portable
toilets.
"Qualified volunteer" means a person or
group of people acting on their own behalf, and not for a government agency or
under contract with the department, to produce water quality monitoring data in
accordance with a department-approved volunteer monitoring plan. Qualified
volunteers must have the training and experience to ensure quality assurance
and quality control for the data being produced, or be under the direct
supervision of a person having such qualifications. A person or persons
identified as participants in a department-approved volunteer monitoring plan
will be considered qualified volunteers.
"Records of operation" means department of
natural resources report forms or such other report forms, letters or documents
which may be acceptable to the department that are designed to indicate
specific physical, chemical, or biological values for wastewater during a
stated period of time.
"Regional administrator" means the regional
administrator of the United States Environmental Protection Agency, Region VII,
11201 Renner Blvd., Lenexa, Kansas 66219, or the authorized representative of
the regional administrator.
"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. This would include users who
do not swim or float in the water body while on a boating activity.
"Semipublic sewage disposal system" means a
system for the treatment or disposal of domestic sewage which is not a private
sewage disposal system and which is not owned by a city, a sanitary sewer
district, or a designated and approved management agency under Section 208 of
the Act (
33 U.S.C.
1288) .
"Seven-day average" means the arithmetic
mean of pollutant parameter values for samples collected in a period of seven
consecutive days.
"Seven-day, ten-year low stream flow" means
the lowest average stream flow which would statistically occur for seven
consecutive days once every ten years.
"Severe property damage" means substantial
physical damage to property, damage to the treatment facilities which causes
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" means the water-carried waste
products from residences, public buildings, institutions, or other buildings,
including the bodily discharges from human beings or animals together with such
groundwater infiltration and surface water as may be present.
"Sewage from vessels" means human body
wastes and the wastes from toilets and other receptacles intended to receive or
retain body wastes that are discharged from vessels and regulated under Section
312 of the Act.
"Shallow well" means a well located and
constructed in such manner that there is not a continuous layer of low
permeability soil or rock (or equivalent retarding mechanism acceptable to the
department) at least 5 feet thick, the top of which is located at least 25 feet
below the normal ground surface and above the aquifer from which water is to be
drawn.
"Significant industrial user" means an
industrial user of a POTW that meets any one of the following
conditions:
1. Discharges an average of 25,000 gallons per day or more of
process wastewater excluding sanitary, noncontact cooling and boiler blowdown
wastewater;
2. Contributes a process waste stream which makes up 5
percent or more of the average dry weather hydraulic or organic capacity of the
POTW;
3. Is subject to Categorical Pretreatment Standards under
40 CFR
403.6 and 40 CFR Chapter I, Subchapter N;
or
4. Is designated by the department as a significant
industrial user on the basis that the contributing industry, either singly or
in combination with other contributing industries, has a reasonable potential
for adversely affecting the operation of or effluent quality from the POTW or
for violating any pretreatment standards or requirements.
Upon a finding that an industrial user meeting the criteria
in paragraph "1" or "2" of this definition has no reasonable potential for
adversely affecting the operation of the POTW or for violating any pretreatment
standard or requirement, the department may, at any time on its own initiative
or in response to a request received from an industrial user or POTW, determine
that an industrial user is not a significant industrial user.
"Significantly more stringent limitation"
relates to secondary treatment CBOD5and SS limitations
necessary to meet the percent removal requirements of at least 5 mg/l more
stringent than the otherwise applicable concentration-based limitations (i.e.,
less than 20 mg/l in the case of CBOD5), or the percent
removal limitations in 567-subrules 62.3(1) and 62.3(3), if such limits would,
by themselves, force significant construction or other significant capital
expenditure.
"Sinkhole" means any depression caused by
the dissolution or collapse of subterranean materials in a carbonate formation
or in gypsum or rock salt deposits through which water may be drained or lost
to the local groundwater system. Such depressions may or may not be open to the
surface at times. Intermittently, sinkholes may hold water forming a
pond.
"Small municipal separate storm sewer
system" means all separate storm sewer systems that are owned or
operated by the United States, the state of Iowa or a city, town, county,
district, association or other public body (created by or pursuant to state
law) having jurisdiction over disposal of sewage, industrial wastes, storm
water, or other wastes, including special districts under state law such as a
sewer district, flood control district or drainage district, or similar entity,
or a designated and approved management agency under Section 208 of the Clean
Water Act that discharges to waters of the United States or of the state of
Iowa, and that have a population of less than 100,000 as determined by the 1990
census. This term includes systems similar to separate storm sewer systems in
municipalities, such as systems at military bases, large hospital or prison
complexes, and highways and other thoroughfares. The term does not include
separate storm sewers in very discrete areas such as individual
buildings.
"Storm water" means storm water runoff, snow
melt runoff and surface runoff and drainage. (NOTE: Agricultural storm water
runoff is excluded by federal regulation
40
CFR 122.3(e).)
"Storm water discharge associated with industrial
activity" means the discharge from any conveyance which is used for
collecting and conveying storm water and which is directly related to
manufacturing, processing or raw materials storage areas at an industrial
plant. The term does not include discharges from facilities or activities
excluded from the NPDES program under 40 CFR Part 122 . For the categories of
industries identified in paragraphs "1" to "10" of this definition, the term
includes, but is not limited to, storm water discharges from industrial plant
yards; immediate access roads and rail lines used or traveled by carriers of
raw materials, manufactured products, waste material, or by-products used or
created by the facility; material handling sites; refuse sites; sites used for
the application or disposal of process wastewaters (as defined at 40 CFR Part
401); sites used for the storage and maintenance of material handling
equipment; sites used for residual treatment, storage, or disposal; shipping
and receiving areas; manufacturing buildings; storage areas (including tank
farms) for raw materials, and intermediate and finished products; and areas
where industrial activity has taken place in the past and significant materials
remain and are exposed to storm water.
For the categories of industries identified in paragraphs "1"
to "9" and "11," the term includes only storm water discharges from all the
areas (except access roads and rail lines) that are listed in the previous
sentence where material handling equipment or activities, raw materials,
intermediate products, final products, waste materials, by-products, or
industrial machinery are exposed to storm water. For the purposes of this
paragraph, material handling activities include the: storage, loading and
unloading, transportation, or conveyance of any raw material, intermediate
product, finished product, by-product or waste product. To qualify for this
exclusion, a storm-resistant shelter is not required for: drums, barrels, tanks
and similar containers that are tightly sealed with bands or otherwise secured
and have no taps or valves, are not deteriorated and do not leak; adequately
maintained vehicles used in material handling; and final products other than
products that would be mobilized in storm water discharge. The term excludes
areas located on plant lands separate from the plant's industrial activities,
such as office buildings and accompanying parking lots as long as the drainage
from the excluded areas is not mixed with storm water drained from the above
described areas. Industrial facilities (including industrial facilities that
are federally, state, or municipally owned or operated) that meet the
description of the facilities listed in paragraphs "1" to "11" of this
definition include those facilities designated under
40
CFR 122.26(a)(1)(v). The
following categories of facilities are considered to be engaging in "industrial
activity" for purposes of this definition:
1. Facilities subject to storm water effluent limitations
guidelines, new source performance standards, or toxic pollutant effluent
standards under 40 CFR Subchapter N (except facilities with toxic pollutant
effluent standards which are exempted under paragraph "11" of this
definition);
2. Facilities classified as Standard Industrial
Classifications 24 (except 2434), 26 (except 265 and 267), 28 (except 283 and
285), 29, 311, 32 (except 323), 33, 3441, 373;
3. Facilities classified as Standard Industrial
Classifications 10 through 14 (mineral industry) including active or inactive
mining operations (except for areas of coal mining operations meeting the
definition of a reclamation area under
40 CFR
434.11(1)) because the
performance bond issued to the facility by the appropriate SMCRA authority has
been released, or except for areas of non-coal mining operations which have
been released from applicable state or federal reclamation requirements after
December 17, 1990, and oil and gas exploration, production, processing, or
treatment operations, or transmission facilities that discharge storm water
contaminated by contact with, or that has come into contact with, any
overburden, raw material, intermediate products, finished products, by-products
or waste products located on the site of such operations; (inactive mining
operations are mining sites that are not being actively mined, but which have
an identifiable owner/operator; inactive mining sites do not include sites
where mining claims are being maintained prior to disturbances associated with
the extraction, beneficiation, or processing of mined materials, nor sites
where minimal activities are undertaken for the sole purpose of maintaining a
mining claim);
4. Hazardous waste treatment, storage, or disposal
facilities, including those that are operating under interim status or a permit
under Subtitle C of RCRA;
5. Landfills, land application sites, and open dumps that
have received any industrial wastes (waste that is received from any of the
facilities described under this definition) including those that are subject to
regulation under Subtitle D of RCRA;
6. Facilities involved in the recycling of materials,
including metal scrap yards, battery reclaimers, salvage yards, and automobile
junkyards, including, but not limited to, those classified as Standard
Industrial Classifications 5015 and 5093;
7. Steam electric power generating facilities, including coal
handling sites;
8. Transportation facilities classified as Standard
Industrial Classifications 40, 41, 42 (except 4221-4225), 43, 44, 45 and 5171
which have vehicle maintenance shops, equipment cleaning operations, or airport
deicing operations. Only those portions of the facility that are either
involved in vehicle maintenance (including vehicle rehabilitation, mechanical
repairs, painting, fueling, and lubrication), equipment cleaning operations,
airport deicing operations, or which are otherwise identified under paragraphs
"1" to "7" or "9" or "11" of this definition are associated with industrial
activity;
9. Treatment works treating domestic sewage or any other
sewage sludge or wastewater treatment device or system used in the storage,
treatment, recycling, and reclamation of municipal or domestic sewage,
including land dedicated to the disposal of sewage sludge that are located
within the confines of the facility, with a design flow of 1.0 mgd or more, or
required to have an approved pretreatment program under 40 CFR Part 403 . Not
included are farmlands, domestic gardens or lands used for sludge management
where sludge is beneficially reused and which are not physically located in the
confines of the facility, or areas that are in compliance with 40 CFR Part
503;
10. Construction activity including clearing, grading and
excavation activities except operations that result in the disturbance of less
than 5 acres of total land area which is not part of a larger common plan of
development or sale. Effective March 10, 2003, construction activity including
clearing, grading and excavation activities except operations that result in
the disturbance of less than 1 acre of total land area which is not part of a
larger common plan of development or sale;
11. Facilities under Standard Industrial Classifications 20,
21, 22, 23, 2434, 25, 265, 267, 27, 283, 285, 30, 31 (except 311), 323, 34
(except 3441), 35, 36, 37 (except 373), 38, 39, 4221-4225 (and which are not
otherwise included within paragraphs "2" to "10").
"Storm water discharge associated with small
construction activity" means the discharge of storm water from:
1. Construction activities including clearing, grading, and
excavating that result in land disturbance of equal to or greater than 1 acre
and less than 5 acres. Small construction activity also includes the
disturbance of less than 1 acre of total land area that is part of a larger
common plan of development or sale if the larger common plan will ultimately
disturb an area equal to or greater than 1 acre and less than 5 acres. Small
construction activity does not include routine maintenance that is performed to
maintain the original line and grade, hydraulic capacity, or original purpose
of the facility.
2. Any other construction activity designated by the director
based on the potential for contribution to a violation of a water quality
standard or for significant contribution of pollutants to waters of the United
States.
"Storm water point sources" means point
sources that serve to collect, channel, direct, and convey storm water and
which are subject to Section 402(p) of the federal Clean Water Act and 40 CFR
Parts 122, 123, and 124.
"Temperature" means a measure of the heat
content of water.
"Thirty-day average" means the arithmetic
mean of pollutant parameter values of samples collected in a period of 30
consecutive days.
"Toxicity reduction evaluation (TRE)
program" means a step-wise process, similar to that found in EPA
Document/600/2-88/062, which combines effluent toxicity tests and analysis of
the chemical characteristics of the effluent to determine the cause of the
effluent toxicity or the treatment methods which will reduce the effluent
toxicity, or both.
"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
transmitted through the water in straight lines.
"Uncontrolled sanitary landfill" means a
landfill or open dump, whether in operation or closed, that does not meet the
requirements for run on or runoff controls established pursuant to subtitle D
of the Solid Waste Disposal Act.
"Valid effluent toxicity test" means the
mortality in the control test is not greater than 10 percent and all test
conditions contained in 567-subrule 63.4(2)"b" "Standard
Operating Procedure: Effluent Toxicity Testing, Iowa Department of Natural
Resources" are met.
"Water contact recreational canoeing" means
the type of activities associated with canoeing outings in which primary
contact with the water does occur. This would include users who swim or float
in the water body while on a canoeing outing.
"Water of the state" means any stream, lake,
pond, marsh, watercourse, waterway, well, spring, reservoir, aquifer,
irrigation system, drainage system, and any other body or accumulation of
water, surface or underground, natural or artificial, public or private, which
are contained within, flow through or border upon the state or any portion
thereof.
"Water quality requirement" means the same
as defined in
40
CFR §
121.1(n).
"Zone of initial dilution" means a
delineated portion of a mixing zone in which wastewater discharges will be
allowed to rapidly combine and begin dispersing into the water body. The acute
criteria of 567-subrule 61.3(3) will apply at the boundary of this zone.