N.H. Code Admin. R. Env-Ws 401.03

Current through Register No. 25, June 20, 2024
Section Env-Ws 401.03 - Definitions

(a) "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.

(b) "Bypass" means bypass as defined in RSA 485-A:2, XVII, namely, "the intentional diversion of waste streams from any portion of the wastewater facilities."

(c) "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.

(d) "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 1251et seq..

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

(f) "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.

(g)"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 122 on quantities, discharge rates, characteristics, or concentrations of pollutants which are discharged to surface waters of the state.

(h) "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-Ws 1700. The term does not include assimilation or transport of pollutants.

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

(j) "Industrial waste" means "industrial waste" as defined in RSA 485-A: 2, VI, namely, "any liquid, gaseous or solid waste substance resulting from any process of industry, manufacturing trade or business or from development of any natural resources."

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

(l) "Other waste" means "other waste" as defined in RSA 485-A:2, VIII, namely, "garbage, municipal refuse, decayed wood, sawdust, shavings, bark, lime, ashes, offal, oil, tar, chemicals and other substances other than sewage or industrial wastes, and any other substance harmful to human, animal, fish or aquatic life."

(m) "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.

(n) "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, municipal, or agricultural waste or any other substance in concentrations or amounts that when in contact with surface waters of the state, 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.

(o)"Publicly owned treatment works (POTW)" means any device or system used in the collection and treatment of municipal sewage or industrial wastes of a liquid nature which is owned by a municipality, county, or state.

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

(q)"Sewage" means sewage as defined in RSA 485-A:2, X, namely, "the water carried waste products from buildings, public or private, together with such groundwater infiltration and surface water as may be present."

(r) "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.

(s) "Steady-state model" means a model that requires single, constant inputs for effluent flow, effluent concentration, background receiving water concentration, and receiving water flow.

(t) "Surface waters of the state" means "surface waters of the state" as defined in RSA 485-A:2, XIV, namely, "perennial and seasonal streams, lakes, ponds and tidal waters within the jurisdiction of the state, including all streams, lakes, or ponds bordering on the state, marshes, water courses, and other bodies of water, natural or artificial." The term includes wetlands and "waters of the united states" as defined in 40 CFR Part 122.2. The term does not include nontidal drainage ditches which 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.

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

(v) "TSS" means the pollutant parameter total suspended solids.

(w) "Wetland" means "wetlands" as defined by RSA 482-A:2, X, namely "an area that is inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal conditions does support, a prevalence of vegetation typically adapted for life in saturated soil conditions." Wetlands include swamps, marshes, bogs, and similar areas.

N.H. Code Admin. R. Env-Ws 401.03

#8361, eff 5-28-05