In this subchapter, the following terms have the meanings or
interpretations indicated below and shall be used in conjunction with and are
supplemental to those definitions contained in
75-5-103, MCA. If not defined in
this rule, terms used in this subchapter have the meanings set out in the
definitions in ARM Title 17, chapter 30, subchapter 13.
(1) "Best management practices (BMPs) "
means schedules of activities, prohibitions of practices, maintenance
procedures, and other management practices to prevent or reduce the pollution
of state waters. 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 material storage.
(2) "Discharge of a pollutant" and "discharge
of pollutants" each means any addition of any pollutant or combination of
pollutants to state waters from any point source. This definition includes
additions of pollutants into water of the state from surface runoff that is
collected or channeled by man and discharges through pipes, sewers, or other
conveyances owned by a state, municipality, or other person that do not lead to
a treatment works. This term does not include the addition of pollutants by an
indirect discharger.
(3) "Discharge
monitoring report (DMR) " means the department uniform form for the reporting
of self-monitoring results by permittees.
(4) "Facility or activity" means any MPDES point source or any
other facility or activity (including land or appurtenances thereto) that is
subject to regulation under the MPDES program.
(5) "Final stabilization" means the time at which all
soil-disturbing activities at a site have been completed and a vegetative cover
has been established with a density of at least 70% of the pre-disturbance
levels, or equivalent permanent, physical erosion reduction methods have been
employed. Final stabilization using vegetation must be accomplished using
seeding mixtures or forbs, grasses, and shrubs that are adapted to the
conditions of the site. Establishment of a vegetative cover capable of
providing erosion control equivalent to pre-existing conditions at the site
will be considered final stabilization.
(6) "General permit" means an MPDES permit issued under ARM
17.30.1341 authorizing a category
of discharges under the Act within a geographical area.
(7) "Illicit discharge" means any discharge
to a municipal separate storm sewer that is not composed entirely of storm
water except discharges pursuant to an MPDES permit (other than the MPDES
permit for discharges from the municipal separate storm sewer) and discharges
resulting from fire fighting activities.
(8) "Infiltration" means water other than wastewater that enters a
sewer system (including sewer service connections and foundation drains) from
the ground through such means as defective pipes, pipe joints, connections, or
manholes. Infiltration does not include inflow.
(9) "Inflow" means water other than wastewater that enters a sewer
system (including sewer service connections) from sources including, but not
limited to, roof leaders, cellar drains, yard drains, area drains, drains from
springs and swampy areas, manhole covers, cross connections between storm
sewers and sanitary sewers, catch basins, cooling towers, storm waters, surface
runoff, street wash waters, or drainage. Inflow does not include
infiltration.
(10) "Major municipal
separate storm sewer outfall" or "major outfall" means a municipal separate
storm sewer outfall that discharges from a single pipe with an inside diameter
of 36 inches or more or its equivalent (discharge from a single conveyance
other than circular pipe which is associated with a drainage area of more than
50 acres); or, for municipal separate storm sewers that receive storm water
from lands zoned for industrial activity (based on comprehensive zoning plans
or the equivalent), an outfall that discharges from a single pipe with an
inside diameter of 12 inches or more or from its equivalent (discharge from
other than a circular pipe associated with a drainage area of two acres or
more).
(11) "Montana pollutant
discharge elimination system (MPDES) " means the system developed by the
department for issuing permits for the discharge of pollutants from point
sources into state waters. The MPDES is specifically designed to be compatible
with the federal NPDES program established and administered by the
EPA.
(12) "MS4" means a municipal
separate storm sewer system.
(13)
"Municipal separate storm sewer" means a conveyance or system of conveyances
(including roads with drainage systems, municipal streets, catch basins, curbs,
gutters, ditches, man-made channels, or storm drains) that discharges to
surface waters and is:
(a) owned or operated
by the state of Montana, a governmental subdivision of the state, a district,
association, or other public body created by or pursuant to Montana law,
including special districts such as sewer districts, flood control districts,
drainage districts and similar entities, and designated and approved management
agencies under section 208 of the federal Clean Water Act, which has
jurisdiction over disposal of sewage, industrial wastes, storm water, or other
wastes, and is:
(i) designed or used for
collecting or conveying storm water;
(ii) not a combined sewer; and
(iii) not part of a publicly owned treatment works (POTW) as
defined in ARM Title 17, chapter 30, subchapter 13.
(14) "Outfall"
means a point source, as defined in this subchapter, at the point where a
municipal separate storm sewer discharges to surface waters. The term does not
include open conveyances connecting two municipal separate storm sewers, or
pipes, tunnels or other conveyances that connect segments of the same stream or
other surface waters and that are used to convey surface waters.
(15) "Overburden" means any material of any
nature, consolidated or unconsolidated, that overlies a mineral deposit or
economically mineable geologic material (e.g., coal), excluding topsoil or
similar naturally occurring surface materials that are not disturbed by mining
operations.
(16) "Owner or
operator" is defined at
75-5-103, MCA.
(17) "Permit" means an authorization or
license issued by EPA or an approved state to implement the requirements of
this rule and 40 CFR Parts
123 and
124. The term includes an NPDES general
permit (ARM
17.30.1341). The term does not include any permit that has not yet
been the subject of final agency action, such as a "draft permit" or a
"proposed permit".
(18) "Point
source" means any discernible, confined, or discrete conveyance including, but
not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete
fissure, container, rolling stock, concentrated animal feeding operation,
landfill leachate collection system, vessel or other floating craft, from which
pollutants are or may be discharged. This term does not include return flows
from irrigated agriculture or agricultural storm water runoff.
(19) "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
wastes discharged into water. The terms "sewage," "industrial waste," and
"other wastes" as defined in
75-5-103, MCA, are interpreted as
having the same meaning as pollutant.
(20) "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,
byproduct, or waste product.
(21)
"Runoff coefficient" means the fraction of total rainfall that will appear at a
conveyance as runoff.
(22) "Site"
means the land or water area where any facility or activity is physically
located or conducted, including adjacent land used in connection with the
facility or activity.
(23) "Small
municipal separate storm sewer system" means:
(a) small MS4s, and portions of them, that are located in the
following urbanized areas in Montana as determined by the latest decennial
census by the United States census bureau:
(i) the city of Billings and Yellowstone County;
(ii) the city of Missoula and Missoula
County; and
(iii) the city of Great
Falls and Cascade County;
(b) the following small MS4s serving a
population of at least 10,000 as determined by the latest decennial census by
the United States census bureau and that are located outside of an urbanized
area:
(i) MS4s located in the city of
Bozeman;
(ii) MS4s located in the
city of Butte;
(iii) MS4s located
in the city of Helena; and
(iv)
MS4s located in the city of Kalispell;
(c) MS4s designated by the department pursuant to ARM
17.30.1107; and
(d) systems similar to separate storm sewer
systems in municipalities, such as systems at military bases, large
educational, 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.
(24) "Small MS4" means a small municipal separate storm sewer
system.
(25) "Source" means any
building, structure, facility, or installation from which there is or may be a
discharge of pollutants.
(26)
"State waters" is defined at
75-5-103, MCA.
(27) "Storm water" means storm water runoff,
snow melt runoff, and surface runoff and drainage.
(28) "Storm water discharge associated with
construction activity" means a discharge of storm water from construction
activities including clearing, grading, and excavation that result in the
disturbance of equal to or greater than one acre of total land area. For
purposes of these rules, construction activities include clearing, grading,
excavation, stockpiling earth materials, and other placement or removal of
earth material performed during construction projects. Construction activity
includes the disturbance of less than one acre of total land area that is a
part of a larger common plan of development or sale if the larger common plan
will ultimately disturb one acre or more.
(a) Regardless of the acreage of disturbance resulting from a
construction activity, this definition includes any other discharges from
construction activity designated by the department pursuant to ARM
17.30.1105(1)
(f).
(b) For construction activities that result in disturbance of less
than five acres of total land area, the acreage of disturbance does not include
routine maintenance that is performed to maintain the original line and grade,
hydraulic capacity, or original purpose of the facility.
(c) For construction activities that result
in disturbance of five acres or more of total land area, this definition
includes those requirements and clarifications stated in (29) (a), (b), (d) and
(e).
(29) "Storm water
discharge associated with industrial activity" means a discharge from any
conveyance that is used for collecting and conveying storm water and that is
directly related to manufacturing, processing or raw materials storage areas at
an industrial plant.
(a) For the categories
of industries identified in 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 in this subchapter); 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 final products; and areas where industrial
activity has taken place in the past and significant materials remain and are
exposed to storm water.
(b) For the
categories of industries identified in (e) (ix) of this definition, 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.
(c) For the purposes
of this definition, 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. 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.
(d) Industrial
facilities (including industrial facilities that are federally, state, or
municipally owned or operated that meet the description of the facilities
listed in (e) (i) through (ix) and (30)) include those facilities designated
under the provisions of ARM
17.30.1105(1)
(f).
(e) The following categories of facilities are considered to be
engaging in "industrial activity" for the purposes of this definition:
(i) 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 that are exempted under category (e) (ix) of
this definition);
(ii) facilities
classified as standard industrial classifications 24 (except 2434), 26 (except
265 and 267), 28 (except 283), 29, 311, 32 (except 323), 33, 3441,
373;
(iii) hazardous waste
treatment, storage, and disposal facilities, including those that are operating
under interim status or a permit under subtitle C of the federal Resource
Conservation and Recovery Act (RCRA);
(iv) landfills, land application sites, and open dumps that
receive or have received any industrial wastes (waste that is received from any
of the facilities described under this definition, or under the definitions of
"storm water discharge associated with mining and oil and gas activities," and
"storm water discharge associated with construction activity" that will result
in construction-related disturbance of five acres or more of total land area)
including those that are subject to regulation under subtitle D of
RCRA;
(v) facilities involved in
the recycling of materials, including metal scrapyards, battery reclaimers,
salvage yards, and automobile junkyards including, but not limited to, those
classified as standard industrial classification 5015 and 5093;
(vi) steam electric power generating
facilities, including coal handling sites;
(vii) transportation facilities classified as standard industrial
classifications 40, 41, 42 (except 4221-25), 43, 44, 45, and 5171, which have
vehicle maintenance shops, equipment cleaning operations, or airport deicing
operations. Only those portions of a facility that are involved in vehicle
maintenance
(including vehicle rehabilitation, mechanical repairs,
painting, fueling, and lubrication), equipment cleaning operations, airport
deicing operations, or that are otherwise identified under this definition are
associated with industrial activity;
(viii) treatment works treating domestic
sewage or any other sewage sludge or wastewater treatment device or system,
which is used in the storage, treatment, recycling, or reclamation of municipal
or domestic sewage, including land dedicated to the disposal of sewage sludge
that is located within the confines of the facility, and which has a design
flow of 1.0 mgd or more or is required to have an approved pretreatment program
under 40 CFR Part
403 . Not included are farm lands, domestic gardens, and
lands used for sludge management where sludge is beneficially reused and that
are not physically located in the confines of the facility, and areas that are
in compliance with section 405 of the federal Clean Water Act; and
(ix) 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, and
4221-25, (and which are not otherwise included within (e) (i) through (e)
(viii) of this definition).
(30) "Storm water discharge associated with mining and oil and gas
activity" means the same as the definition for "storm water discharges
associated with industrial activity" except that the term pertains only to
discharges from facilities classified as standard industrial classifications 10
through 14 (mineral industry) that discharge storm water contaminated by
contact with or that has come into contact with, any overburden, raw material,
intermediate products, finished products, byproducts, or waste products located
on the site of such operations. Such facilities include active and inactive
mining operations (except for areas of coal mining operations no longer 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, and except for areas of non-coal mining operations that have
been released from applicable state or federal reclamation requirements after
December 17, 1990); and oil and gas exploration, production, processing, or
treatment operations; and transmission facilities. "Inactive mining operations"
are mining sites that are not being actively mined but that have an
identifiable owner/operator, but 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.
(31) "Storm water pollution
prevention plan (SWPPP) " means a document developed to help identify sources
of pollution potentially affecting the quality of storm water discharges
associated with a facility or activity, and to ensure implementation of
measures to minimize and control pollutants in storm water discharges
associated with a facility or activity. The department determines specific
requirements and information to be included in a SWPPP based on the type and
characteristics of a facility or activity, and on the respective MPDES permit
requirements.
(32) "Surface waters"
means any waters on the earth's surface including, but not limited to, streams,
lakes, ponds, and reservoirs, and irrigation and drainage systems discharging
directly into a stream, lake, pond, reservoir, or other surface water. Water
bodies used solely for treating, transporting, or impounding pollutants shall
not be considered surface water.
(33) "Total maximum daily load" or "TMDL" is defined at
75-5-103, MCA.
(34) "Uncontrolled sanitary landfill" means
a landfill or open dump, whether in operation or closed, that does not meet the
requirements for runon or runoff controls established pursuant to subtitle D of
the Montana Solid Waste Disposal Act.
(35) "Waste load allocation" means the portion of a receiving
water's loading capacity that is allocated to one of its existing or future
point sources.