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

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

Section 335-6-6-.02 - Definitions

Wherever used in this chapter, unless a different meaning clearly appears from the context or unless a different meaning is stated in a definition applicable to only a portion of this chapter, the following shall mean:

[NOTE: Due to the chronology of the adoption of the following definitions, a definition may not appear in alphabetical order. Please review the entire list before concluding that a term is not defined.]

(a) "Applicable standards and limitations" means all state, interstate, and federal standards and limitations to which a "discharge" or a related activity is subject under the FWPCA and AWPCA, including "effluent limitations," water quality standards, standards of performance, toxic effluent standards or prohibitions, "best management practices," and pretreatment standards under Sections 301, 302, 303, 304, 306, 307, 308, 403, and 405 of the FWPCA and their implementing regulations and the AWPCA and its implementing rules.

(b) "Application" means forms, and additional information that are required by Rule 335-6-6-.08 to be submitted when applying for an NPDES permit.

(c) "Average monthly discharge limitation" means the highest allowable average of "daily discharges" over a calendar month, calculated as the sum of all "daily discharges" measured during a calendar month divided by the number of "daily discharges" measured during that month (zero discharge days shall not be included in the number of "daily discharges" measured). When an EPA approved method is used by the permittee, a value of less than the Minimum Level (ML) shall be considered zero for purposes of calculating the average monthly discharge of the substance. For example, if a discharge is monitored on three days during a month and the results of testing for a substance on those three days are 1, 2, and less than the ML the average monthly discharge is equal to 1 + 2 + 0 divided by 3 which would equal 1.

(d) "Average weekly discharge limitation" means the highest allowable average of "daily discharges" over a calendar week, calculated as the sum of all "daily discharges" measured during a calendar week divided by the number of "daily discharges" measured during that week (zero discharge days shall not be included in the number of "daily discharges" measured). When an EPA approved method is used by the permittee, a value of less than the Minimum Level (ML) shall be considered zero for purposes of calculating the average weekly discharge of the substance. For example, if a discharge is monitored on three days during a week and the results of testing for a substance on those three days are 1, 2, and less than the ML, the average monthly discharge is equal to 1 + 2 + 0 divided by 3 which would equal 1.

(e) "ASMC" shall mean the Alabama Surface Mining Commission.

(f) "Best management practices" "BMPs" means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of "waters of the state." BMPs also include treatment requirements, operating procedures, and practices to control site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage.

(g) "Bypass" means the intentional diversion of waste streams from any portion of a waste treatment facility.

(h) "Construction" means that the owner or operator has:

1. Begun, or caused to begin as part of a continuous on-site construction program:

(i) Any placement, assembly, or installation of facilities or equipment; or

(ii) 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

2. Entered into a binding contractual obligation for the purpose of placement, assembly, or installation of facilities or equipment which are intended to be used in its operation 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 paragraph.

(i) "Contiguous zone" means the entire zone established by the United States under Article 24 of the Convention on the Territorial Sea and the Contiguous Zone.

(j) "Continuous discharge" means a "discharge" which occurs without interruption throughout the operating hours of the facility, except for infrequent shutdowns for maintenance, process changes, or other similar activities.

(k) "Daily discharge" means the discharge of a pollutant measured during any consecutive 24 hour period in accordance with the sample type and analytical methodology specified by the discharge permit.

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

(m) "Director" means the Director of the Department or an authorized representative.

(n) "Discharge" means the addition, introduction, leaking, spilling, or emitting of any sewage, industrial wastes, pollutant or other wastes into waters of the state.

(o) "Discharge limitation" means any restriction imposed by the Director on quantities, discharge rates, concentrations or other characteristics of "pollutants" which are "discharged" into "waters of the state."

(p) "Discharge monitoring report" or "DMR" means the form approved by the Director to accomplish reporting requirements of an NPDES permit.

(q) "Discharger" means a "person" who discharges a "pollutant(s) " into a "water of the state."

(r) "Domestic discharger" means a "person" who discharges only "domestic wastewater."

(s) "Domestic wastewater" means wastewater from residences and other wastewaters of similar composition and strength and does not mean wastewater generated by industrial processes.

(t) "Draft permit" means a document indicating the Director's tentative decision to issue or deny, modify, revoke and reissue, terminate, or reissue a "permit." A notice of intent to terminate a permit, and a notice of intent to deny a permit are types of "draft permits." A denial of a request for modification, revocation and reissuance, or termination is not a "draft permit." A "proposed permit" is not a "draft permit."

(u) "Effluent limitations" means any restriction imposed by the Environmental Protection Agency under Section 304(b) of the FWPCA (usually referred to as effluent limitation guidelines) on quantities, discharge rates, and concentration of pollutants which are discharged into waters of the state.

(v) "General Permit" means a NPDES Permit issued for a class of dischargers located in a defined area and, meeting the requirements of rule 335-6-6-.23.

(w) "Indirect Discharger" means a nondomestic discharger who discharges "pollutants" to a "publicly owned treatment works (POTW)", or a "privately owned treatment facility" operated by another person.

(x) "Interim Minimum Level" "Interim ML" is calculated when a method-specific ML does not exit. It is equal to 3.18 times the method-specified MDL.

(y) "Load Allocation" or "LA" means the portion of a receiving water's loading attributed to either one of its existing or future non-point sources of pollution or to natural background.

(z) "Major facility" means any facility or activity discharging to a "water of the state" and classified as such by the Regional Administrator.

(aa) "Maximum daily discharge limitation" means the highest allowable "daily discharge."

(bb) "Method Detection Limit" "MDL" means the minimum concentration of an analyte that can be measured and reported with 99 percent confidence that the analyte concentration is greater than zero as determined in accordance with the procedure in Appendix B of 40 CFR Part 136.

(cc) "Minimum Level" "ML" means the concentration at which the entire analytical system must give a recognizable signal and acceptable calibration point. The ML is the concentration of the lowest calibration standard analyzed by a specific analytical procedure, assuming that all the method-specified sample weights, volumes, and processing steps have been followed.

(dd) "Municipal wastewater" means any wastewater discharged to a POTW and includes domestic and industrial wastewater.

(ee) "National Pollutant Discharge Elimination System" or "NPDES" means the national program for issuing, modifying, revoking and reissuing, terminating, monitoring and enforcing permits for the discharge of pollutants into waters of the state.

(ff) "New discharger" means any person who from any building, structure, facility or installation:

1. Is discharging a pollutant(s) or may discharge a pollutant(s),

2. Who did not commence the discharge of pollutants at a particular site prior to August 13, 1979 and which is not a new source, and

3. Who has never received a final effective NPDES permit for discharges at that site.

(gg) "New source" means:

1. A new source as defined for coal mines by 40 CFR Part 434.11 (1994); and

2. Any building, structure, facility, or installation from which there is or may be a discharge of pollutants, the construction of which commenced:

(i) After promulgation of standards of performance under Section 306 of FWPCA which are applicable to such source; or

(ii) After proposal of standards of performance in accordance with Section 306 of the FWPCA which are applicable to such source, but only if the standards are promulgated in accordance with Section 306 within 120 days of their proposal.

(hh) "Notifiable sanitary sewer overflow" means an overflow, spill, release or diversion of wastewater from a sanitary sewer system that:

1. Reaches a surface water of the State; or

2. May imminently and substantially endanger human health based on potential for public exposure including but not limited to close proximity to public or private water supply wells or in areas where human contact would be likely to occur.

(ii) "Operator" (for purposes of permit application) means the person who treats and discharges wastewater or in the absence of treatment the person who generates and/or discharges wastewater, sludge, or storm water.

(jj) "Permit" means any issued permit under the NPDES.

(kk) "Permittee" a person to whom a permit has been issued under this Chapter.

(ll) "Person" means any and all persons, natural or artificial, including, but not limited to, any individual, partnership, association, society, joint stock company, firm, company, corporation, institution, trust, other legal entity, business organization or any governmental entity and any successor, representative, responsible corporate officer, agent or agency of the foregoing.

(mm) "Pollutant" includes but is not limited to 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 water. It does not mean:

1. Sewage from vessels or

2. 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 and 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 the injection or disposal will not result in the degradation of ground or surface water resources.

(nn) "Pollutant load allocation" means a determination of allowable amount(s) of a specific pollutant that may be discharged to a water of the state by one or more dischargers without causing a water quality standard violation.

(oo) "Privately owned treatment works" means any device or system which is used to treat wastes from any facility whose operator is not the operator of the treatment works, and which is not a "POTW."

(pp) "Publicly owned treatment works" or "POTW" means a wastewater collection and treatment facility owned by the state, a municipality, regional entity composed of two or more municipalities, or another entity created by state or local authority for the purpose of collecting and treating municipal wastewater.

(qq) "POTW operator" (for purposes of permit application) means a person having all of the following powers, except where a POTW is operated by a contractor who is not required to have these powers:

1. Police and land use powers, including the power to grant, deny, or condition new sewer connections and to establish and enforce sewer use ordinances and

2. Power over the design, construction, operation, and maintenance of a treatment works, including the power to select and terminate operations personnel, finance facilities construction by capital expenditures, and enact and enforce user charge systems and taxes that generate revenue for operation and maintenance.

(rr) "Regional Administrator" means the Regional Administrator of the appropriate regional office of the Environmental Protection Agency or the authorized representative of the Regional Administrator.

(ss) "Schedule of compliance" means a schedule of remedial measures, included in a permit, including an enforceable sequence of actions or operations leading to compliance with any permit requirement or water quality standard.

(tt) "Severe property damage" means substantial physical damage to property, damage to waste 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.

(uu) "Sewage" means water carried human wastes from residences, buildings, industrial establishments or other places, together with such ground, surface, storm or other waters as may be present.

(vv) "Sludge" means any solid, semi-solid, or viscous material or other residue resulting from treatment of wastewater or produced as a result of wastewater management.

(ww) "State Indirect Discharge Permit" or "SID Permit" means a permit issued to dischargers of non-domestic pollutants to a "POTW" or a "Privately Owned Treatment Works."

(xx) "Surface Coal Mine" means a surface mining operation, as defined in paragraph 335-6-9-.02(k), used for the recovery of coal.

(yy) "Territorial seas" means the belt of the seas measured from the line of ordinary low water along that portion of the coast which is in direct contact with the open sea and the line marking the seaward limit of inland waters, and extending seaward a distance of three miles.

(zz) "Total Maximum Daily Load" or "TMDL" means the sum of the individual wasteload allocations for point sources and load allocations for non-point sources and natural background.

(aaa) "Toxic pollutants" means pollutants and combination of pollutants, including disease-causing agents, which after discharge and upon exposure, ingestion, inhalation or assimilation into any organisms, either directly from the environment or indirectly through food chains, will, on the basis of information available to the Department or Director cause death, disease, behavioral abnormalities, cancer, genetic mutations, physiological malfunctions, including malfunctions in reproduction, or physical deformations, in such organisms or their offspring. This shall include but not be limited to pollutants listed as toxic under Section 307(a)(1) of the FWPCA.

(bbb) "Trade secret" includes but is not limited to, any formula, plan, pattern, process, tool, mechanism, compound or procedure, as well as production data or compilation of information, financial and marketing data, which is not patented, which is known only to certain individuals within a commercial concern who are using it to fabricate, produce or compound an article of trade or a service having commercial value, and which gives its user an opportunity to obtain a business advantage over competitors who do not know of it.

(ccc) "Upset" means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.

(ddd) "Wasteload Allocation" or "WLA" means the portion of a receiving water's loading capacity that is allocated to one of its existing or future point sources of pollution.

(eee) "Waste treatment facility" shall mean any devices or systems used in the storage, treatment, recycling or reclamation of municipal sewage, industrial waste, any pollutant, or other waste, including but not limited to, interceptor sewers, outfall sewers, sewage collection systems; associated pumping power and other equipment and their appurtenances; extensions, improvements, remodeling, additions or alterations thereof. In addition, "waste treatment facility" shall mean any other method or system for preventing, abating, reducing, storing, treating, separating, or disposing of municipal waste, industrial waste, pollutant, or other waste which flows into waters of the state.

(fff) "Waters of the state" means all waters of any river, stream, watercourse, pond, lake, coastal, ground 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.

(ggg) "Zone of initial dilution" or "ZID" means that area extending from the port openings of a high rate diffuser to the initial edge of the mixing zone where due to great turbulence a constant instream waste concentration (IWC) cannot be determined. For purposes of this definition a high rate diffuser is a submerged outfall in the form of a single pipe outlet or of multiport design giving rise to one or several submerged discharge jets designed to induce mixing between the effluent and receiving stream. The diffuser will protect against surface impingement and bottom attachment of the submerged jet(s) and in general a minimum exit velocity of ten feet per second shall be provided. The length of the ZID and thereby the distance to the initial edge of the mixing zone shall not exceed the more stringent of the following requirements:

1. Fifty times the discharge length scale (DLS) in any spatial direction, where the DLS is the square root of the cross-sectional area of any discharge outlet,

2. Five times the water depth in any horizontal direction from the discharge outlet, or

3. No more than ten percent of the distance from the edge of the outfall structure to the leading edge of the mixing zone in any spatial direction.

(hhh) Pesticide discharges to waters of the State from pesticide application means the discharges that result from the application of biological pesticides, and the application of chemical pesticides that leave a residue, from point sources to waters of the State. In the context of this definition of pesticide discharges to waters of the State from pesticide application, this does not include agricultural storm water discharges and return flows from irrigated agriculture, which are excluded by paragraphs 335-6-6-.03(1) (d) and (e).

(iii) Pesticide residue for the purpose of determining whether an NPDES permit is needed for discharges to waters of the State from pesticide application, means that portion of a pesticide application that is discharged from a point source to waters of the State and no longer provides pesticidal benefits. It also includes any degradates of the pesticide.

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

October 19, 1979. Amended: January 24, 1989; April 29, 1991. Amended: Filed August 8, 1995; effective September 12, 1995. Amended: Filed June 26, 2002; effective July 31, 2002. Amended: Filed April 22, 2008; effective May 27, 2008. Amended: Filed February 28, 2012; effective April 3, 2012.

Amended by Alabama Administrative Monthly Volume XXXIII, Issue No. 11, August 31, 2015, eff. 9/29/2015.

Amended by Alabama Administrative Monthly Volume XXXVII, Issue No. 11, August 30, 2019, eff. 10/4/2019.

Authors: John Poole, Ed Hughes, Glenda Dean, Chip Crockett

Statutory Authority:Code of Ala. 1975, §§ 22-22-1 to 22-22-14 and §§ 22-22A-1 to 22-22A-16.