Section 58.01.25.010 - DEFINITIONSTerms not in this section are defined in IDAPA 58.01.02, "Water Quality Standards," or IDAPA 58.01.16, "Wastewater Rules."
01.Animal Feeding Operation. As defined in 40 CFR 122.23.02.Applicable Standards and Limitations. State, interstate, and federal standards and limitations to which a discharge, sewage sludge use or disposal practice, or related activity is subject under the CWA, including effluent limitations, water quality standards, standards of performance, toxic effluent standards or prohibitions, best management practices (BMP), pretreatment standards, and standards for sewage sludge use or disposal under CWA Sections 301, 302, 303, 304, 306, 307, 308, 402, and 405.03.Application.IPDES forms for applying for a permit or the EPA equivalent forms when deemed acceptable by the Department, including additions, revisions, or modifications to the forms.04.Approved Program or Approved State. A state or interstate program approved or authorized by EPA under 40 CFR Part 123.05.Aquaculture Project. As defined in CFR 122.25.06.Average Monthly Discharge Limitation. 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.07.Average Weekly Discharge Limitation. 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.08.Background. The biological, chemical or physical condition of waters measured at a point immediately upstream (up-gradient) of the influence of an individual point or nonpoint source discharge. If several discharges to the water exist or if an adequate upstream point of measurement is absent, the Department will determine where background conditions will be measured.09.Best Management Practices (BMP). Scheduled activities, prohibited practices, maintenance procedures, and other management practices which prevent or reduce the pollution of waters of the United States. BMPs include treatment requirements; operating procedures; and practices to control site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage.10.Biochemical Oxygen Demand (BOD). As defined in IDAPA 58.01.16.11.Biological Monitoring or Biomonitoring. As defined in IDAPA 58.01.02.12.Bypass. The intentional diversion of wastewater from any portion of a treatment facility.13.Chemical Oxygen Demand (COD). A bulk parameter that measures the oxygen-consuming capacity of organic and inorganic matter present in water or wastewater, expressed as the amount of oxygen consumed from a chemical oxidant in a specific test.14.Class I Sludge Management Facility. A POTW, identified under 40 CFR 403.8(a), required to have an approved pretreatment program (including POTWs for which the Department has assumed local program responsibilities under 40 CFR 403.10(e)) and any other treatment works treating domestic sewage (TWTDS) classified as a Class I sludge management facility by the Department, because of the potential for its sludge use or disposal practices to adversely affect public health and the environment.15.Clean Water Act (CWA). Formerly referred to as the Federal Water Pollution Control Act or Federal Water Pollution Control Act Amendments of 1972. Public Law 92-500, as amended by Public Law 95-217, Public Law 95-576, Public Law 96-483 and Public Law 97-117, 33 U.S.C. 1251 et seq.16.Compliance Schedule or Schedule of Compliance. A schedule of remedial measures in a permit, including an enforceable sequence of interim requirements (e.g., actions, operations, or milestones) leading to compliance with the CWA and these rules.17.Concentrated Animal Feeding Operation (CAFO). As defined in 40 CFR 122.23.18.Concentrated Aquatic Animal Production (CAAP). As defined in CFR 122.2419.Continuous Discharge. A discharge occurring without interruption throughout the operating hours of the facility, except for infrequent shutdowns for maintenance, process changes, or other similar activities.20.Daily Discharge. The discharge of a pollutant measured during a calendar day or any twenty-four (24)-hour period that reasonably represents the calendar day for sampling. For pollutants with limitations expressed in units of mass, the daily discharge is calculated as the total mass of the pollutant discharged over the day. For pollutants with limits expressed in other units of measurement, the daily discharge is calculated as the average measurement of the pollutant discharged over the day.21.Design Flow. The average or maximum point source discharge volume per unit time that a facility or system is constructed to accommodate.22.Direct Discharge. The discharge of a pollutant to waters of the United States.23.Discharge Monitoring Report (DMR). A required facility or activity report containing monitoring and discharge quality and quantity information and data, submitted periodically, as defined in the discharge permit. These reports must be submitted to the Department in an approved format.24.Discharge. When used without qualification means the discharge of a pollutant.25.Discharge of a Pollutant. Any addition of any pollutant or combination of pollutants to waters of the United States from any point source. This definition includes additions of pollutants into waters of the United States from surface runoff which is collected or channeled by man; 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. This term does not include an addition of pollutants by an indirect discharger.26.Draft Permit. A document prepared under these rules indicating the Department's tentative decision to issue or deny, modify, revoke and reissue, terminate, or reissue a permit. A notice of termination of a permit, and a notice of intent to deny a permit, as discussed in Subsections 107.01 and 203.02, are types of draft permits. Denial of a request for modification, revocation and reissuance, or termination, as discussed in Subsection 201.01, is not a draft permit. A proposed permit is not a draft permit.27.Effluent. Discharge of treated or untreated pollutants into waters of the United States.28.Effluent Limitation or Limit. A restriction imposed by the Department on quantities, discharge rates, and concentrations of pollutants that are discharged from point sources into waters of the United States, in accordance with these rules and the CWA.29.Effluent Limitations Guidelines (ELG). A regulation published by EPA under CWA Section 304(b) to adopt or revise effluent limitations.30.Electronic Signature. Information in digital form that is included in or associated with an electronic document that signifies the same meaning and intention as a handwritten signature.31.Equivalent Dwelling Unit (EDU). A measure where one (1) EDU is equivalent to wastewater generated from one (1) single-family residence. For assessing fees associated with publicly or privately owned domestic sewage treatment, the number of EDUs is calculated as the population served divided by the average household size as defined in the most recent US Census Bureau data (for that municipality, county, or average number of persons per household for the state of Idaho). For fees associated with industrial wastewater treatment owned by a municipality, EDUs are calculated according to the definition of EDU in IDAPA 58.01.16, "Wastewater Rules."32.Existing Source. A source that is not a new source or a new discharger.33.Facilities or Equipment. Buildings, structures, process or production equipment or machinery that form a permanent part of the new source and will be used in its operation, if the facilities or equipment are of such value as to represent a substantial commitment to construct. It excludes facilities or equipment used in feasibility, engineering, and design studies regarding the source or water pollution treatment for the source.34.Facility or Activity. A point source or other facility or activity (including land or appurtenances) regulated under the IPDES program.35.Fundamentally Different Factors. The factors relating to a discharger's facilities, equipment, processes or other factors related to the discharger are fundamentally different from the factors considered by EPA in developing the national effluent limits.36.General Permit. An IPDES permit issued under Section 130 authorizing a category of discharges within a geographical area.37.Hazardous Substance. A substance designated under 40 CFR Part 116 pursuant to CWA Section 311.38.Idaho Pollutant Discharge Elimination System (IPDES). Idaho's program for issuing, modifying, revoking and reissuing, terminating, monitoring and enforcing permits, and imposing and enforcing pretreatment requirements, under these rules and CWA Sections 307, 402, 318, and 405.39.Indian Country. a. Land within the limits of an Indian reservation under the jurisdiction of the US Government, notwithstanding the issuance of a patent, and including rights-of-way running through the reservation;b. Dependent Indian communities within the borders of the United States, whether within the originally or subsequently acquired territory thereof, and whether within or without the limits of the state; andc. Indian allotments, the Indian titles to which have not been extinguished including rights-of-way running through the same.40.Indian Tribe. Any Indian tribe, band, group, or community recognized by the Secretary of the Interior and exercising governmental authority over a federal Indian reservation.41.Indirect Discharger. A nondomestic discharger introducing pollutants to a privately or publicly owned treatment works.42.Infiltration. Water other than wastewater that enters a sewer system (including sewer service connections and foundation drains) from the ground through sources such as defective pipes, pipe joints, connections, or manholes. Infiltration does not include, and is distinguished from, inflow.43.Inflow. 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, and is distinguished from, infiltration.44.Integrated Planning. A voluntary plan developed by the permittee in consultation and coordination with the Department. The plan will be based on USEPA 2012 policy guidance as further codified by the America's Water Infrastructure Act of 2018, Public law: 115-270. Integrated Plans may include wastewater discharges from POTWs, reclaimed or recycled water from municipalities, MS4 storm water, nonpoint source municipal storm water, and municipal owned geothermal water. An Integrated Plan may also incorporate other watershed activities undertaken by municipalities such as beneficial reuse of biosolids, stream and restoration activities, and aquatic and riparian improvements.45.Interstate Agency. An agency of two (2) or more states established by or under an agreement or compact, or any other agency of two (2) or more states having substantial powers or duties pertaining to the control of pollution.46.Major Facility. a. A publicly or privately owned treatment works with a design flow equal to or greater than one million gallons per day (1 MGD), or serves a population of ten thousand (10,000) or more, or causes significant water quality impacts; orb. A non-municipal facility that equals or exceeds the eighty (80) point accumulation described in the Score Summary of the NPDES Non-municipal Permit Rating Work Sheet (June 27, 1990) or the Department equivalent.47.Maximum Daily Discharge Limitation. The highest allowable daily discharge.48.Maximum Daily Flow. The largest volume of flow to be discharged during a continuous twenty-four-hour period expressed as a volume per unit time.49.Mixing Zone. As defined in IDAPA 58.01.02.50.Municipality. A city, town, county, district, association, or other public body created by or under state law with jurisdiction over disposal of sewage, industrial wastes, or other wastes, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under CWA Section 208.51.National Pollutant Discharge Elimination System (NPDES). The national program for issuing, modifying, revoking and reissuing, terminating, monitoring and enforcing permits, and imposing and enforcing pretreatment requirements, under CWA Sections 307, 402, 318, and 405.52.New Discharger. A building, structure, facility, or installation that:a. Discharge or may discharge pollutants;b. Did not discharge pollutants at a particular site before August 13, 1979;c. Is not a new source; andd. Has never received an effective NPDES or IPDES permit for discharges at that site.e. This includes an indirect discharger which commences discharging into waters of the United States after August 13, 1979, and an existing mobile point source, such as an aggregate plant, that discharges at a site for which it does not have a permit;53.New Source. A building, structure, facility, or installation that discharges or may discharge pollutants, and construction has commenced:a. After promulgation of performance standards under CWA Section 306 applicable to the source; orb. After proposal of performance standards under CWA Section 306 applicable to the source, but only if the standards are promulgated within one hundred twenty (120) days of the proposal.54.Notice of Intent to Deny. A draft permit that conveys to a permit applicant or permittee the Department's intent to not issue or renew an IPDES permit.55.Notice of Intent to Obtain Coverage under an IPDES General Permit. An applicant seeking discharge coverage under an IPDES general permit must submit a notice of intent to obtain coverage for discharges to waters of the United States under general permit classifications, including, but not limited to: a. Storm Water Construction General Permit (CGP);b. Multi-sector General Permit (MSGP) for Industrial Storm Water Requirements;c. Municipal Separate Storm Sewer System (MS4) General Permit;d. Concentrated Animal Feeding Operation (CAFO) General Permit;e. Concentrated Aquatic Animal Production (CAAP) Facility General Permit;f. Ground Water Remediation General Permit;g. Suction Dredge General Permit; orh. Pesticide General Permit (PGP).56.Notice of Termination. A notice of termination conveys: a. To a permittee, the Department's intent to terminate an existing IPDES permit for cause; orb. To the Department a permittee's intent to terminate coverage for an activity under an individual or general permit. A construction general permit holder must submit a notice of termination within 30 (thirty) days of completing construction activities and final stabilization for storm water control.57.Owner or Operator. The person, company, corporation, district, association, or other organizational entity that is an owner or operator of any facility or activity subject to regulation under the IPDES program.58.Pesticide Discharges. 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 United States. This does not include agricultural storm water discharges and return flows from irrigated agriculture that are excluded by law (33 U.S.C. 1342(1); 33 U.S.C. 1362(14)).59.Pesticide Residue. To determine whether an IPDES permit is needed for discharges to waters of the United States from pesticide application, the portion of a pesticide application discharged from a point source to waters of the United States that no longer provides pesticidal benefits. It includes degradation byproducts of the pesticide.60.Permit. The authorization, license, or equivalent control document issued by the Department to implement these rules. This does not include a draft permit or a proposed permit.61.Person. An individual, public or private corporation, partnership, association, firm, joint stock company, joint venture, trust, estate, state, municipality, commission, political subdivision of the state, state or federal agency, department or instrumentality, special district, interstate body or a legal entity, or an agent or employee recognized by law as the subject of rights and duties.62.Point Source. A 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, landfill leachate collection system, vessel, or other floating craft that discharges or may discharge pollutants. This does not include return flows from irrigated agriculture or agricultural storm water runoff that are excluded by law (33 U.S.C. 1342(1); 33 U.S.C. 1362(14)).63.Pollutant. Dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials (except those regulated under the Atomic Energy Act of 1954, as amended (42 U.S.C. 2011 et seq.)), heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste discharged into water. It does not mean:a. Sewage from vessels; orb. Water, gas, or other material injected into a well to facilitate production of oil or gas, or water resulting from oil and gas production and disposed of in a well, if the well used for production or disposal is approved by authority of the state where the well is located, and if the state determines the injection or disposal will not degrade ground or surface water resources. NOTE: Radioactive materials covered by the Atomic Energy Act are encompassed in its definition of source, byproduct, or special nuclear materials. Examples of materials not covered include radium and accelerator-produced isotopes. See Train v. Colorado Public Interest Research Group, Inc., 426 U.S. 1 (1976).
64.Potable Water. As defined in IDAPA 58.01.16.65.Pretreatment. As defined in 40 CFR 403.3.66.Primary Industry Category. An industry category listed in Appendix A of 40 CFR Part 122.67.Privately Owned Treatment Works. A device or system used to treat wastes and is not a publicly owned treatment works (POTW).68.Process Wastewater. Water that, during manufacturing or processing, comes into direct contact with or results from producing or using a raw material, intermediate product, finished product, byproduct, or waste product.69.Proposed Permit. An IPDES permit prepared after the public comment period closes (and when applicable, any public meeting and administrative appeals) that is sent to EPA for review before final issuance by the Department. A proposed permit is not a draft permit.70.Proposed Settlement of a State Enforcement Action. A Department consent order, compliance agreement schedule, or compliance schedule order issued in response to a notice of violation that will be signed by the Director. This does not include amendments or extensions of consent orders, compliance agreement schedules, or compliance schedule orders.71.Publicly Owned Treatment Works (POTW). As defined in 40 CFR 403.3.72.Receiving Waters. Waters of the United States to which there is a discharge of pollutants.73.Recommencing Discharger. A source that renews discharges after terminating operations.74.Regional Administrator. The Region 10 Administrator of the US Environmental Protection Agency or the authorized representative of the Regional Administrator.75.Secondary Industry Category. An industry category that is not a primary industry category.76.Secondary Treatment. Technology-based requirements for direct discharging POTWs, based on the expected performance of a combination of physical and biological processes typical for the treatment of pollutants in municipal sewage. Standards are the minimum level of effluent quality for BOD5, total suspended solids (TSS), and pH (except for treatment equivalent to secondary treatment and other special considerations).77.Secretary. Secretary of the Army, acting through the Chief of Engineers.78.Septage. Liquid and solid material pumped from a septic tank, cesspool, or similar domestic sewage treatment system, or a holding tank when the system is cleaned or maintained.79.Severe Property Damage. Substantial physical damage to property, damage to the treatment facilities causing them to become inoperable, or substantial and permanent loss of natural resources that 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.80.Sewage. As defined in IDAPA 58.01.16.81.Sewage from Vessels. Human body wastes and wastes from toilets and other receptacles intended to receive or retain body wastes that are discharged from vessels and regulated under CWA Section 312.82.Sewage Sludge. Solid, semi-solid, or liquid residue removed during municipal wastewater or domestic sewage treatment. Sewage sludge includes, but is not limited to, solids removed during primary, secondary, or advanced wastewater treatment; scum; septage; portable toilet pumpings; type III marine sanitation device pumpings ( 33 CFR Part 159); and sewage sludge products. Sewage sludge does not include grit or screenings, or ash generated during sewage sludge incineration.83.Sewage Sludge Use or Disposal Practice. The collection, storage, treatment, transportation, processing, monitoring, use, or disposal of sewage sludge.84.Significant Industrial User. Industrial users subject to Categorical Pretreatment Standards under 40 CFR 403.6 and 40 CFR Parts 400 through 471 and any other industrial user that: a. Discharge an average of twenty-five thousand (25,000) gallons per day or more of process wastewater to the POTW (excluding sanitary, noncontact cooling, and boiler blowdown wastewater);b. Contribute a process waste stream that makes up five percent (5%) or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; orc. Is designated by the Control Authority based on reasonable potential to adversely affect the POTW's operation or violate a Pretreatment Standard or requirement (in accordance with 40 CFR 403.8(f)(6)).85.Silvicultural Point Source. As defined in 40 CFR 122.27.86.Site. Land or water area where a facility or activity is physically located or conducted, including adjacent land used with the facility or activity.87.Sludge-Only Facility. A TWTDS whose methods of sewage sludge use or disposal is subject to regulations under CWA Section 405(d) and is required to obtain an IPDES permit.88.Source. A building, structure, facility, or installation that discharges or may discharge pollutants.89.Standards for Sewage Sludge Use or Disposal. Regulations promulgated under CWA Section 405(d) and these rules which govern minimum requirements for sewage sludge quality, management practices, and monitoring and reporting applicable to sewage sludge or the use or disposal of sewage sludge by a person.90.Storm Water. Storm water runoff, snow melt runoff, and surface runoff and drainage.91.Technology-Based Effluent Limitation (TBEL). Treatment requirements under the CWA that represent the minimum level of control to be imposed in a permit issued under CWA Section 402.92.Total Dissolved Solids. Total dissolved (filterable) solids determined by use of the method specified in 40 CFR Part 136.93.Toxic Pollutant. A substance, material or disease-causing agent, or a combination that after discharge to waters of the United States and upon exposure, ingestion, inhalation, or assimilation into any organism (including humans), either directly from the environment or indirectly by ingestion through food chains, will cause death, disease, behavioral abnormalities, malignancy, genetic mutation, physiological abnormalities (including reproductive malfunctions) or physical deformations in affected organisms or their offspring. Toxic pollutants include, but are not limited to, the one hundred twenty-six (126) priority pollutants identified by EPA under CWA Section 307(a), or, for sewage sludge use or disposal practices, a pollutant identified in regulations implementing CWA Section 405(d).94.Treatment. As defined in IDAPA 58.01.16.95.Treatment Works Treating Domestic Sewage (TWTDS). A POTW or other sewage sludge or waste water treatment devices or systems, regardless of ownership (including federal facilities), used in storaging, treating, recycling, and reclaiming municipal or domestic sewage, including land dedicated for sewage sludge disposal. This does not include septic tanks or similar devices. Domestic sewage includes waste and waste water from humans or household operations that are discharged to or enter a treatment works.96.Upset. An exceptional incident resulting in unintentional and temporary noncompliance with technology-based permit effluent limits because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.97.User. A person served by a wastewater system.98.Variance. A mechanism or provision under CWA Section 301 or 316, 40 CFR Part 125, or in the ELGs allowing modification to or waiver of the effluent limit requirements or time deadlines of the CWA. This includes provisions allowing the establishment of alternative limits based on fundamentally different factors or on CWA Sections 301(c), 301(g), 301(h), 301(i), or 316(a).99.Wasteload Allocation (WLA). The portion of a receiving water's loading capacity allocated to one (1) of its existing or future point sources of pollution.100.Wastewater. As defined in IDAPA 58.01.16.101.Water Pollution. An alteration of the physical, thermal, chemical, biological, or radioactive properties of waters of the United States, or the discharge of a pollutant into the waters of the United States that will or is likely to create a nuisance or to render waters harmful, detrimental, or injurious to public health, safety, or welfare, or to fish and wildlife, or to domestic, commercial, industrial, recreational, aesthetic, or other beneficial uses.102.Water Quality-Based Effluent Limit (WQBEL). An effluent limit determined by selecting the most stringent of the effluent limits calculated using all applicable water quality criteria (e.g., aquatic life, human health, wildlife, translation of narrative criteria) for a specific point source to a specific receiving water.103.Water Transfer. An activity that conveys or connects waters of the United States without subjecting the transferred water to intervening industrial, municipal, or commercial use.104.Wetlands. Areas inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands include swamps, marshes, bogs, and similar areas.105.Whole Effluent Toxicity (WET). The aggregate toxic effect of effluent measured directly by a toxicity test.Idaho Admin. Code r. 58.01.25.010