Ala. Admin. Code r. 335-6-10-.02

Current through Register Vol. 42, No. 11, August 30, 2024

Section 335-6-10-.02 - Definitions

(1) "Coastal Waters" means those waters, adjacent to the shoreline, and lying seaward of the continuous 10 foot contour extending seaward to the outer limit of the United States territorial sea which contain a measureable quantity or percentage of sea water, including but not limited to, sounds, bays, lagoons, bayous, ponds, and estuaries.

(2) "Commission" means the Environmental Management Commission, established by the Environmental Management Act, Code of Ala. 1975, §§ 22-22 A-l to 22-22A-16.

(3) "Department" means the Alabama Department of Environmental Management, established by the Alabama Environmental Management Act, Code of Ala. 1975, §§ 22-22 A-l to 22-22A-16.

(4) "Existing Uses" means those legitimate beneficial uses of a water body attained in fact on or after November 28, 1975, whether or not they are included as classified uses in ADEM Administrative Code Rule 335-6-11-.02.

(5) "Industrial Waste" means liquid or other wastes resulting from any process of industry, manufacture, trade or business or from the development of natural resources.

(6) "NPDES" means National Pollutant Discharge Elimination System.

(7) "Other Wastes" means all other substances, whether liquid, gaseous or solid, from all other sources including, but not limited to, any vessels, or other conveyances traveling or using the waters of this State, except industrial wastes or sewage, which may cause pollution of any waters of the State.

(8) "Pollutant" includes but is not limited to dredged spoil, solid waste, incinerator residue, filter backwash, 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. Pollutant does not mean (a) sewage from vessels; or (b) 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, and if the Department determines that such injection or disposal will not result in the degradation of ground or surface water resources.

(9) "Pollution" means the discharge of a pollutant or combination of pollutants.

(10) "Sewage" means water-carried human wastes from residences, buildings, industrial establishments or other places including, but not limited to, any vessels, or other conveyances traveling or using the waters of this State, together with such ground, surface, storm or other waters as may be present.

(11) "State Waters" or "Waters of the State" means all waters of any river, stream, watercourse, pond, lake, coastal, or surface water, wholly or partially within the State, natural or artificial. This does not include waters which are entirely confined and retained completely upon the property of a single individual, partnership or corporation unless such waters are used in interstate commerce.

Ala. Admin. Code r. 335-6-10-.02

Originally Adopted: May 5, 1967. Amended: June 19, 1967. Amended: July 17, 1972. Amended: February 26, 1973. Amended: May 30, 1977. Amended: December 19, 1977. Amended: February 4, 1981. Amended: Filed January 26, 1990; effective March 2, 1990. Amended: Filed February 27, 1991; effective April 3, 1991.

Amended by Alabama Administrative Monthly Volume XXXV, Issue No. 03, December 30, 2016, eff. 2/3/2017.

Authors: James E. Mclndoe, Chris L. Johnson

Statutory Authority:Code of Ala. 1975, §§ 22-22-9, 22-22A-5, 22-22A-6, 22-22A-8.