N.H. Code Admin. R. Env-Wq 301.03 - Definitions

Current through Register Vol. 41, No. 39, September 30, 2021

(a) "7Q10" means the lowest average flow which occurs for 7 consecutive days on an annual basis with a recurrence interval of once in 10 years on average, expressed in terms of volume per time period.

(b) "Biochemical oxygen demand (BOD)" means a measurement of the amount of oxygen used by the decomposition of organic material in a wastewater sample over a 5-day period.

(c) "Bypass" means bypass as defined in RSA 485-A:2, XVII, as reprinted in appendix B.

(d) "Carbonaceous biochemical oxygen demand (CBOD)" means a measurement of the amount of oxygen used by carbon-containing substances in a wastewater sample over a 5-day period.

(e) "Clean water act (CWA)" means the Federal Clean Water Act, pub. L. 92-500 as amended by pub. L. 95-217, pub. L. 95-576, pub. L. 96-483, pub. L. 97-117, pub. L. 100-4, 33 USC 1251 et seq..

(f) "Department" means the department of environmental services.

(g) "Discharge" means the addition, introduction, leaking, spilling, or emitting of a pollutant to surface waters of the state, whether done intentionally, unintentionally, negligently, or otherwise.

(h) "Effluent limitations" means any restriction(s) imposed by the department, pursuant to RSA 485-A, or by the United States Environmental Protection Agency (EPA), pursuant to 40 CFR Parts 122 or 125, on quantities, discharge rates, characteristics, or concentrations of pollutants that are discharged to surface waters of the state.

(i) "Existing uses" means those uses actually attained in the water body on or after November 28, 1975, whether or not they are included in Env-Wq 1700. The term does not include assimilation or transport of pollutants.

(j) "Harmonic mean flow" means the number of daily stream flow measurements divided by the sum of the reciprocals of the daily stream flows.

(k) "Industrial waste" means "industrial waste" as defined in RSA 485-A: 2, VI, as reprinted in appendix B.

(l) "Municipality" means a city or town.

(m) "Other waste" means "other waste" as defined in RSA 485-A:2, VIII, as reprinted in appendix B.

(n) "Person" means "person" as defined in RSA 485-A:2, IX, as reprinted in appendix B.

(o) "Point source" means a discernible, confined, and discrete conveyance from which pollutants are or might be discharged. The term includes but is not limited to a pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel or other floating craft. The term does not include return flows from irrigated agriculture.

(p) "Pollutant" means any dredged material, solid waste, incinerator residue, sewage, filter backwash, garbage, sewage sludge, septage, munitions, chemical wastes, biological materials, genetically engineered or altered materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, soil, or any other industrial, commercial, municipal, or agricultural waste or any other substance in concentrations or amounts that, when in contact with surface waters, could create a nuisance or render such waters harmful, detrimental, or injurious to public health, safety, or welfare; to plant, animal or aquatic life; or to other designated or existing uses.

(q) "Public entity" means a city, town, borough, county, parish, district, association, state agency, or other public body created by or under state law and having jurisdiction over disposal of sewage, industrial wastes, or other wastes, and any designated and approved management agency under §208 of the CWA.

(r) "Publicly owned treatment works (POTW)" means a wastewater treatment plant and associated wastewater facilities that are owned by a public entity.

(s) "Receiving water" means the surface waters into which pollutants are or may be discharged.

(t) "Sewage" means sewage as defined in RSA 485-A:2, X, as reprinted in appendix B.

(u) "Surface waters" means "surface waters of the state" as defined in RSA 485-A:2, XIV as reprinted in appendix B, wetlands that are subject to regulation under RSA 482-A, and "waters of the United States" as defined in 40 CFR §122.2 that are within the jurisdiction of the state. The term does not include non-tidal drainage ditches that were designed, built and used to convey wastewater or stormwater. The term also does not include constructed wetlands, cooling ponds, lagoons, and other treatment systems designed and built solely as wastewater or stormwater treatment systems, provided such facilities were not initially constructed in surface waters of the state or were not constructed to serve other mitigation purposes.

(v) "Tidal waters" means those portions of the Atlantic Ocean within the jurisdiction of the state, and other surface waters subject to the rise and fall of the tide.

(w) "Wastewater facilities" means "wastewater facilities" as defined in RSA 485-A:2, XIX, as reprinted in appendix B.

(x) "Wastewater treatment plant " means "wastewater treatment plant" as defined in RSA 485-A:2, XVI-a, as reprinted in appendix B.

(y) "Wetland" means "wetlands" as defined by RSA 482-A:2, X, as reprinted in appendix B.

Notes

N.H. Code Admin. R. Env-Wq 301.03

(See Revision Note at part heading for Env-Wq 301) #10348, eff 5-22-13

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