250 R.I. Code R. 250-RICR-150-10-1.4

Current through December 26, 2024

Section 250-RICR-150-10-1.4 - Definitions

A. For the purposes of these rules, the following words and phrases shall have the following meanings:

1. "Administration" means the administrator of the United States Environmental Protection Agency (EPA) or an authorized representative.

2. "Affected person" means a person who has asserted (and not waived or withdrawn) a confidentiality claim covering information submitted to the Department.

3. "Animal feeding operation" means a lot or facility (other than an aquatic animal production facility) where:

1) animals (other than aquatic animals) have been, or will be stabled or confined and fed or maintained for a total of 45 days or more in any 12-month period, and

2) crops, vegetation, forage, growth or post harvest residues are not sustained in the normal growing season over any portion of the lot or facility. Two or more animal feeding operations under common ownership are considered, for the purposes of these regulations, to be a single animal feeding operation if they adjoin each other or if they use a common area or system for the disposal of pollutants.

4. "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 Federal or State Acts including effluent limitations, water quality standards, standards of performance, toxic effluent standards or prohibitions, "best management practices," and pretreatment standards under 33 U.S.C. §§ 1311, 1312, 1313, 1314, 1316, 1317, 1318, 1343 and 1345 (Sections 301, 302, 303, 304, 306, 307, 308, 403 and 405 of the Clean Water Act).

5. "Applicant" means a person who applies for a RIPDES permit, or a Departmental approval pursuant to these regulations.

6. "Application" means the EPA standard national forms for applying for a permit, including any additions, revisions or modifications to the forms, or forms approved by EPA for use in "approved States," including any approved modifications of revisions.

7. "Approved program" or "approved State" means a State or interstate program, which has been approved or authorized by EPA under 40 C.F.R. § 123, incorporated above at § 1.3(B) of this Part.

8. "Aquaculture project" means a defined managed water area, which uses discharges of pollutants into that designated area for the maintenance or production of harvestable freshwater, estuarine or marine plants and/or animals.

9. "Areawide plan" means any water quality management plan adopted pursuant to 13 U.S.C. § 1288 (Section 208 of the Clean Water Act).

10. "Average monthly discharge limitation" means the highest allowable average of "daily discharges" over a calendar month or any 30 consecutive days, calculated as the sum of all daily discharges measured during a calendar month or any 30 consecutive days, divided by the number of daily discharges measured during that month.

11. "Average weekly discharge limitation" means the highest allowable average of "daily discharges" over a calendar week or any seven consecutive days, calculated as the sum of all daily discharges measured during a calendar week or seven consecutive days, divided by the number of daily discharges measured during that week.

12. "Best management practices" or "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.

13. "Best professional judgment" or "BPJ" means a limitation determined on a case-by-case basis on any pollutant, combination of pollutants or practice(s) which is determined necessary to carry out the provisions of the Clean Water Act and R.I. Gen. Laws Chapter 46-12. BPJ limitations can be used to set Best Available Technology Economically Achievable, Best Conventional Pollutant Control Technology, Best Practicable Control Current Available, or BMP limitations as defined in Clean Water Act either in the absence of an applicable promulgated effluent guideline or where promulgated effluent limitation guidelines only apply to certain aspects of the discharger's operation or to certain pollutants.

14. "Biological monitoring method" means a testing method which utilizes any biological system or any of its parts for assessing the presence or effects of one or more pollutants and/or environmental factors, either alone or in combination. Biomonitoring refers to acute toxic bioassays.

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

16. "Census designated places" or "CDPs" means those places that are delineated for the decennial census as the statistical counterparts of incorporated places. CDPs are comprised of densely settled concentrations of population that are identifiable by name, but are not legally incorporated places. To qualify as a CDP, an unincorporated community must meet the following criteria:

a. 1,000 or more persons if outside the boundaries of an urbanized area (UA) delineated for the subsequent special census;

b. 2,500 or more persons if inside the boundaries of an urbanized area (UA) delineated for subsequent census;

c. 250 or more persons if outside the boundaries of an urbanized area (UA) delineated for the subsequent special census, and within the official boundaries of an American Indian reservation recognized for the 1990 census.

17. "CFR" means the Code of Federal Regulations.

18. "Clean Water Act" means the Federal law enacted under 33 U.S.C. § 125 et seq. and any amendments thereto.

19. "Concentrated animal feeding operation" means an animal feeding operation which meets the criteria in § 1.67 of this Part.

20. "Concentrated aquatic animal production facility" means a hatchery, fish farm, or other facility which meets the criteria in § 1.68 of this Part.

21. "Confidentiality claim" means a claim or allegation that information is entitled to confidential treatment because such information constitutes a trade secret.

22. "Construction" means any placement, assembly or installation of facilities, equipment or treatment works, site preparation work, including clearing, excavation removal, or modification of existing buildings, structures or facilities which is necessary for the placement, assembly or installation of new source facilities, equipment or treatment works, or entering into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in it 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 for the purpose of this definition.

23. "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.

24. "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.

25. "Conventional pollutant" means those pollutants designated under the authority of 33 U.S.C. § 1314 (Section 304(a)(4) of the Clean Water Act).

26. "Co-permittee" means a permittee to a RIPDES permit that is only responsible for permit conditions relating to the discharge for which it is operator.

27. "Daily discharge" means the "discharge of a pollutant" measured during a calendar day or any 24-hour period that reasonable represents the calendar day for purposes of 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 limitations expressed in other units of measurement, the "daily discharge" is calculated as the average measurement of the pollutant over the day.

28. "Densely Populated Area" or "DPA" means a census designated place(s) as defined by the latest Decennial Census that is located outside the urbanized area and meets all of the following criteria:

a. The population density within the census designated place is equal to or greater than 1,000 people per square mile; and

b. The census designated place has or is part of a block of contiguous census designated places with a total population of at least 10,000 people.

29. "Department" or "DEM" means the Rhode Island Department of Environmental Management.

30. "Designated area" means as used in this definition the portions of the waters of the State within which the permittee or permit applicant plans to confines and/or plans to confine the cultivated species, using a method or plan of operation (including but not limited to, physical confinement), which, on the basis of reliable scientific evidence, is expected to ensure that specific individual organisms comprising an aquaculture crop will enjoy increased growth attributable to the discharge of pollutants, and be harvestable within a defined geographic area.

31. "Direct discharge" means the "discharge of a pollutant."

32. "Director" means the Director of the Department of Environmental Management or any subordinate or subordinates to whom he delegated the powers and duties vested in him by these regulations.

33. "Discharge" means the addition of any pollutant to waters from any point source.

34. "Discharge Monitoring Report" or "DMR" means the EPA uniform national form, including any subsequent additions, revisions or modifications, for the reporting of self-monitoring results by permittees.

35. "Discharge of a pollutant" means any addition of any "pollutant" or combination of pollutants to "waters of the State" from any "point sources".

36. "Discharger" means any person, corporation, municipality, sewerage authority or legal entity, who causes, knows of or should have reason to know of, or allows, any discharge.

37. "District engineer" means the chief administrative official of the New England Division, Corps of Engineers or an authorized representative.

38. "Draft permit" means a document prepared under § 1.38 of this Part indicating the Department'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 as discussed in § 1.37 of this Part are types of "draft permits." A denial of a request for modification, revocation and reissuance, or termination, as discussed in § 1.37 of this Part is not a "draft permit." A "proposed permit" is not a "draft permit".

39. "Effluent data" means, with reference to any source of discharge of any pollutant:

a. Information necessary to determine the identity, amount, frequency, concentration, temperature, or other characteristics (to the extent related to water quality) of any pollutant which has been discharged by the source (or of any pollutant resulting from any discharge from the source), or any combination of the foregoing;

b. Information necessary to determine the identity, amount, frequency, concentration, temperature, or other characteristics (to the extent related to water quality) of the pollutant which, under an applicable standard or limitation, the source was authorized to discharge (including to the extent necessary for such purpose, a description of the manner or rate of operation of the source); and

c. A general description of the locations and/or nature of the source to the extent necessary to identify the source and to distinguish it from other sources (including, to the extent necessary for such purposes, a description of the device, installation, or operation constituting the source).

(1) Notwithstanding the above, the following information shall be considered to be "effluent data" only to the extent necessary to allow the Department to disclose publicly that a source is (or is not) in compliance with an applicable standard or limitation, or to allow the Department to demonstrate the feasibility, practicability, or attainability (or lack thereof) of an existing or proposed standard or limitation:

(AA) Information concerning research, or the results of research, on any product, method, device, or installation (or any component thereof) which was produced, developed, installed, and used only for research purposes; and

(BB) Information concerning any product, method, device, or installation (or any component thereof) designed and intended to be marketed or used commercially but not yet so marketed or used.

40. "Effluent limitation guidelines" means a regulation published by the Administrator under 33 U.S.C. § 1314(b) (Section 304(b) of the Clean Water Act) to adopt or revise "effluent limitations."

41. "Effluent limitations" means any restriction imposed by the Director on quantities, discharge rates and concentrations of pollutants which are discharged from point sources into waters of Rhode Island, the United States, the contiguous zone or the ocean.

42. "EPA" means the United States Environmental Protection Agency.

43. "Facility" means any point source or any other activity (including land or appurtenances thereto) that is subject to regulation under the RIPDES permit program.

44. "General permit" means a RIPDES permit issued under § 1.33 of this Part authorizing a category of discharges within a geographic area.

45. "Groundwater" means water below the land surface in a zone of saturation.

46. "Hazardous substance" means any substance designated under 40 C.F.R. § 116 pursuant to 33 U.S.C. § 1321 (Section 311 of the Clean Water Act (see § 1.66 of this Part)).

47. "Illicit discharge" means any discharge to a municipal separate storm sewer that is not composed entirely of storm water except discharges pursuant to a RIPDES permit (other than the RIPDES permit for discharges from the municipal separate storm sewer) and discharges resulting from fire fighting activities.

48. "Impaired waters" means for the purpose of § 1.32 of this Part, those waters within the State, which do not currently meet Rhode Island Water Quality Standards as identified in Categories 4a and 5 of the latest Integrated Water Quality Monitoring and Assessment Report compiled by the Department.

49. "Incorporated place" means a city, town or other definable place that is incorporated under the laws of the State in which it is located.

50. "Indirect discharge" means the introduction of pollutants into a POTW from any non-domestic source regulated under 33 U.S.C. § 1317(b), (c) or (d) (Section 307(b), (c) or (d) of the Clean Water Act).

51. "Interference" means inhibiting or disrupting the operation of a publicly owned treatment works or its treatment process so as to contribute to, or cause a violation of any condition of a State or Federal permit under which the publicly owned treatment works operates; or

a. discharging industrial process wastewater which, in combination with existing domestic flows are of such volume and/or strength as to exceed the domestic treatment process design capacity; or

b. preventing the use or disposal of sludge produced by the publicly owned treatment works in accordance with 33 U.S.C. § 1345 (Section 405 of the Clean Water Act), and regulations, criteria or guidelines developed pursuant to the Federal Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 3251 et seq. the Federal Clean Air Act, 15 U.S.C. § 7401 et seq. and the Federal Toxic Substances Control Act, 15 U.S.C. § 2601 et seq. and to the extent practicable, the Rhode Island Rules and Regulations for Sewage Sludge Management, Part 3 of this Subchapter.

52. "Interstate agency" means an agency of two or more states established by or under an agreement or compact approved by the Congress, or any other agency of two or more states having substantial powers or duties pertaining to the control of pollution as determined and approved by the Administrator under the appropriate Act and regulations.

53. "Large municipal separate storm sewer system" means all municipal separate storm sewers that are either:

a. Located in an incorporated place with a population of 250,000 or more as determined by the 1990 Decennial Census by the Bureau of Census (§ 1.71 of this Part); or

b. Located in the counties listed in § 1.73 of this Part, except municipal separate storm sewers that are located in the incorporated places, townships or towns within such counties; or

c. Owned or operated by a municipality other than those described in §§ 1.4(A)(54)(c) ((1)) and ((2)) of this Part that are designated by the Director as part of the large or medium municipal separate storm sewer system due to the interrelationship between the discharges of the designated storm sewer and the discharges from municipal separate storm sewers described under §§ 1.4(A)(54)(c) ((1)) and ((2)) of this Part. In making this determination the Director may consider the following factors:

(1) Physical interconnections between the municipal separate storm sewers;

(2) The location of discharges from the designated municipal separate storm sewer relative to discharges from municipal separate storm sewers described in § 1.4(A)(54)(c) ((1)) of this Part;

(3) The quantity and nature of pollutants discharged to waters of the State;

(4) The nature of the receiving waters; and

(5) Other relevant factors.

d. The Director may, upon petition, designate as a large municipal separate storm sewer system, municipal separate storm sewers located within the boundaries of a region defined by a storm water management regional authority based on a jurisdictional, watershed, or other appropriate basis that includes one or more of the systems described in §§ 1.4(A)(54)(c) ((1)) through ((3)) of this Part.

54. "Log sorting" or "Log storage facilities" means facilities whose discharges result from the holding of unprocessed wood; for example, logs or round-wood with bark or after removal of bark held in self-contained bodies of water (mill ponds or log ponds) or stored on land where water is applied intentionally on the logs (wet decking). (See 40 C.F.R. § 429 Subpart J, incorporated above at § 1.3(B) of this Part, including the effluent limitations guidelines).

55. "Major facility" means any facility or activity classified as such by the Regional Administrator in conjunction with the Director.

56. "Major municipal separate storm sewer outfall" or "Major outfall" means a municipal separate storm sewer outfall that discharges from a single pipe with an inside diameter of 36 inches or more or its equivalent (discharge from a single conveyance other than circular pipe which is associated with a drainage area of more than 50 acres); or for municipal separate storm sewers that receive storm water from lands zoned for industrial activity (based on comprehensive zoning plans or the equivalent), an outfall that discharges from a single pipe with an inside diameter of 12 inches or more or from its equivalent (discharge from other than a circular pipe associated with a drainage area of 2 acres or more).

57. "Major outfall" means a "major municipal separate storm sewer outfall."

58. "Maximum daily discharge limitation" means the highest allowable "daily discharge."

59. "Medium municipal separate storm sewer system" means all municipal separate storm sewers that are either:

a. Located in an incorporated place with a population of 100,000 or more but less than 250,000, as determined by the 1990 Decennial Census by the Bureau of Census (§ 1.71 of this Part); or

b. Located in the counties listed in § 1.72 of this Part, except municipal separate storm sewers that are located in the incorporated places, townships or towns within such counties; or

c. Owned or operated by a municipality other than those described in §§ 1.4(A)(60) ((1)) and ((2)) of this Part and that are designated by the Director as part of the large or medium municipal separate storm sewer system due to the interrelationship between the discharges of the designated storm sewer and the discharges from municipal separate storm sewers described in §§ 1.4(A)(60) ((1)) and ((2)) of this Part. In making this determination the Director may consider the following factors:

(1) Physical interconnections between the municipal separate storm sewers;

(2) The location of discharges from the designated municipal separate storm sewer relative to discharges from municipal separate storm sewers described in § 1.4(A)(60)(c) ((1)) of this Part;

(3) The quantity and nature of pollutants discharged to waters of the State;

(4) The nature of the receiving waters; or

d. Other relevant factors.

60. "Memorandum of agreement" means the agreement entered into under the Clean Water Act between the Administrator and the Director, governing the relationship, duties, and rights of the parties in operating a State NPDES program (RIPDES).

61. "MGD" means million gallons per day.

62. "Minor facility" means any facility or activity not classified a "major facility" by the Regional Administrator or the Department.

63. "Monitoring report form" means the DEM standard form, including any subsequent additions, revisions or modifications for the reporting of self-monitoring results by permittees.

64. "Municipal separate storm sewer" means a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains):

a. Owned or operated by a city or town or the State, district association, or other public body (created by or pursuant to State law) having jurisdiction over disposal of sewage, industrial wastes, storm water, or other wastes, including special districts under State law such as a sewer district, flood control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under 33 U.S.C. § 1288 (section 208 of the Clean Water Act) that discharges to waters of the State;

b. Designed or used for collecting or conveying storm water;

c. Which is not a combined sewer; and

d. Which is not part of a Publicly Owned Treatment Works (POTW) as defined in § 1.4(A)(87) of this Part.

65. "Municipal separate storm sewer system" or "MS4" means all separate storm sewers that are defined as "large" or "medium" or "small" municipal separate storm sewer systems pursuant to §§ 1.4(A)(53), 1.4(A)(59), or 1.4(A)(105) of this Part.

66. "Municipality" means a city, town, borough, county, parish, district, quasi-governmental corporation, 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 33 U.S.C. § 1288 (Section 208 of the Clean Water Act).

67. "National Pollutant Discharge Elimination System" or "NPDES" means the national program for issuing, modifying, revoking and reissuing, terminating, monitoring and enforcing permits, and imposing and enforcing pretreatment requirements, under 33 U.S.C. §§ 1317, 1342, 1328, and 1345 (Sections 307, 402, 318, and 405 of the Clean Water Act). The term includes any State program which has been approved by the Administrator.

68. "New discharger" means any building, structure, facility, or installation:

a. From which there is or may be a "discharge of pollutants"; and

b. That did not commence the "discharge of pollutants" at a particular "site" prior to August 13, 1979; and

c. Which is not a "new source"; and

d. Which has never received a finally effective NPDES permit for discharges at that "site". This definition includes an "indirect discharger" which commences discharging into waters of the State after August 13, 1979. It also includes any existing mobile point source (other than an offshore or coastal oil and gas exploratory drilling rig or a coastal oil and gas development drilling rig) such as a seafood processing rig, seafood processing vessel, or aggregate plant, that begins discharging at a "site" for which it does not have a permit, and any offshore or coastal mobile oil and gas exploratory drilling rig or coastal mobile oil and gas developmental drilling rig that commences the discharge of pollutants after August 13, 1979 at a "site" under EPA's permitting jurisdiction for which it is not covered by an individual or general permit and which is located in an area determined by the Director in the issuance of a final permit to be an area or biological concern. In determining whether an area is an area of biological concern, the Director shall consider the factors specified in 40 C.F.R. § 125.122(a)(1) through (10), incorporated above at § 1.3(B) of this Part. An offshore or coastal mobile exploratory drilling rig or coastal mobile developmental drilling rig will be considered a "new discharger" only for the duration of its discharge in an area of biological concern.

69. "New source" means any building, structure, facility, site or installation from which there is or may be a "discharge of pollutants," the construction of which commenced:

a. after promulgation of standards of performance under 33 U.S.C. § 1316 (Section 306 of the Clean Water Act) which are applicable to such sources, or

b. after proposal of standards of performance in accordance with 33 U.S.C. § 1316 (Section 306 of the Clean Water Act) which are applicable to such sources, but only if the standards are promulgated in accordance with Section 306, §1316 within 120 days of their proposal.

70. "Non-contact cooling water" means water used to reduce temperature for the purpose of cooling. Such waters do not come into direct contact with any raw material, intermediate product (other than heat) or finished product.

71. "Non-conventional pollutant" means any pollutant not defined as a conventional pollutant or a toxic pollutant (see § 1.65 of this Part).

72. "Outstanding National Resource Waters" or "ONRWs" means water of National and State Parks, Wildlife Refuges, and other such waters designated as having special recreational or ecological value as defined in the State of Rhode Island Water Quality Regulations.

73. "Outfall" means a point source as defined by § 1.4(A)(78) of this Part and includes storm water discharges at the point where a municipal separate storm sewer discharges to waters of the State. It does not include open conveyances connecting two municipal separate storm sewers, or pipes, tunnels or other conveyances which connect segments of the same stream or other waters of the State and are used to convey waters of the State.

74. "Overburden" means any material of any nature, consolidated or unconsolidated, that overlies a mineral deposit, excluding topsoil or similar naturally-occurring surface materials that are not disturbed by mining operations.

75. "Owner" or "Operator" means the owner or operator of any facility or activity subject to these regulations.

76. "Permit" means an authorization, license or equivalent control document issued by the Department to implement the requirements of these regulations and the Clean Water Act, or previously issued by the EPA prior to delegation of the NPDES program to the State of Rhode Island. "Permit" includes a general permit, but does not include any document which has not yet been the subject of final Department action, such as a "draft permit" or "proposed permit."

77. "Person" means an individual, trust, firm, joint stock company, corporation (including a quasi-governmental corporation) partnership, association, syndicate, municipality, municipal or state agency, fire district, club, non-profit agency or any subdivision, commission, department, bureau, agency or department of state or federal government (including quasi-governmental corporation) or of any interstate body and any agent or employee thereof.

78. "Point source" means any 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, or vessel, or other floating craft, from which pollutants are or may be discharged. This term does not include return flows from irrigated agriculture.

79. "Pollutant" means any 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 or agricultural waste.

80. "Pretreatment requirements" means any limitation or prohibition on quantities, quality, rates, and/or concentrations of pollutants directly or indirectly discharged into or transported by truck or rail or otherwise introduced into a publicly owned treatment works that are imposed by federal or state regulation or by publicly owned treatment works.

81. "Primary industry category" means any industry category listed in § 1.69 of this Part. Industries may be added to § 1.69 of this Part by the Director, as he deems appropriate.

82. "Priority pollutant" means those pollutants listed pursuant to 33 U.S.C. § 1317(a)(1) (Section 307(a)(1) of the Clean Water Act).

83. "Privately owned treatment works" means any device or system which is:

a. used to treat wastes from any facility whose operator is not the operator of the treatment works and

b. not a "POTW".

84. "Process wastewater" means any water which, during manufacturing or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, by-product, or waste product.

85. "Proposed permit" means a RIPDES "permit" which is sent to EPA for review before final issuance by the State. A "proposed permit" is not a "draft permit".

86. "Propriety information" means commercial or financial information which is used in one's business and is of a type of customarily held in strict confidence or regarded as privileged and not disclosed to any member of the public by the person to whom it belongs.

87. "Publicly owned treatment works" or "POTWs" means any facility for the treatment of pollutants owned by the state or any political subdivision thereof, municipality, or other public entity, including quasi-governmental corporation. This definition includes sewers, pipes if they convey wastewater to a POTW as well as any equipment buildings or machinery used in the treatment operation.

88. "Recommencing discharger" means a source which recommences discharge after terminating operations.

89. "Regional administrator" means the Regional Administrator of the appropriate Regional Office of the Environmental Protection Agency or an authorized representative of the Regional Administrator.

90. "Regulated small municipal separate storm sewer system" or "Regulated small MS4" means a small MS4 that meets the requirements of § 1.32(A)(5)(a) of this Part. Once a small MS4 is designated into the Phase II storm water program based on an urbanized area (UA) calculation for any given census year, the MS4 will remain regulated regardless of the results of subsequent UA area calculations.

91. "Rhode Island Pollutant Discharge Elimination System" or "RIPDES" means the Rhode Island system for issuing, modifying, revoking and reissuing, terminating, monitoring and enforcing discharge permits and imposing and enforcing pretreatment requirements pursuant to R.I. Gen. Laws Chapter 46-12 and the Clean Water Act.

92. "Rock crushing and gravel washing facilities" means facilities which process crushed and broken stone, gravel, and riprap (see 40 C.F.R. § 436 Subpart B, incorporated above at § 1.3(B) of this Part, including the effluent limitation guidelines).

93. "Runoff coefficient" means the fraction of total rainfall that will appear at a conveyance as runoff.

94. "Schedule of compliance" means a schedule of remedial measures included in a permit, including an enforceable sequence of interim requirements (for example, actions, operations, or milestone events) leading to compliance with all applicable State and Federal law and regulations.

95. "Secondary industry category" means any industry category which is not a "primary industry category."

96. "Secretary" means the Secretary of the Army, acting through the Chief of Engineers.

97. "Separate storm sewer" means a conveyance or system of conveyances (including pipes, conduits, ditches, and channels) primarily used for collecting storm water runoff and which is either:

a. Located in an urbanized area as designated by the Bureau of the Census according to the criteria in 39 FR 15202 (May 1, 1974); or

b. Not located in an urbanized area but designated by the Director pursuant to § 1.32 of this Part.

98. "Severe property damage" means substantial physical damage to property, damage to the 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.

99. "Sewage from vessels" means human body wastes and the wastes from toilets and other receptacles intended to receive or retain body wastes that are discharged from vessels, and regulated under 33 U.S.C. § 1322 (Section 312 of the Clean Water Act) or under Rhode Island law.

100. "Sewage sludge" means the solids, residues, and precipitate separated from or created in sewage by the processes or a "publicly owned treatment works." Sewage as used in this definition means any wastes, including wastes from human households, commercial establishments, industries and storm water runoff, that are discharged to or otherwise enter a publicly owned treatment works.

101. "Significant materials" includes, but is not limited to: raw materials; fuels; materials such as solvents, detergents, and plastic pellets; finished materials such as metallic products; raw materials used in food processing or production; hazardous substances designated under 42 U.S.C. § 9601(14) (Section 101(14) of CERCLA); any chemical the facility is required to report pursuant to Section 313 of Title III of SARA, 42 U.S.C. § 11001 et seq.; fertilizers; pesticides; and waste products such as ashes, slag and sludge that have the potential to be released with storm water discharges.

102. "Significant spills" means, but is not limited to: releases of oil or hazardous substances in excess of reportable quantities under 40 C.F.R. § 110.10and 40 C.F.R. § 117.21 or 40 C.F.R. § 302.4.

103. "Silvicultural point source" means any discernible, confined, and discrete conveyance related to rock crushing, gravel washing, log sorting, or log storage facilities which are operated in connection with silvicultural activities and from which pollutants are discharged into waters of the State. The term does not include non-point source silvicultural activities such as nursery operations, site preparation, reforestation and subsequent cultural treatment, thinning, prescribed burning, pest and fire control, harvesting operations, surface drainage, or road construction and maintenance from which there is natural runoff. However, some of these activities (such as stream crossing for roads) may involve point source discharges of dredged or fill material which may require a 404 permit pursuant to 33 C.F.R. §§ 209.120and 123 Subpart E.

104. "Site" means the land or water area where any water pollution control facility or activity is physically located or conducted, including adjacent land used in connection with the facility or activity.

105. "Small municipal separate storm sewer system" or "Small MS4" means all separate storm sewers that are:

a. Owned and operated by the United States, state, city, town, borough, county, parish, district, association, or other public body (created by or pursuant to State law) having jurisdiction over disposal of sewage, industrial wastes, storm water, or other wastes, including special districts under State law, such a sewer district, flood control district or drainage district, or similar entity, or a designated and approved management agency under 33 U.S.C. § 1288 (Section 208 of the Clean Water Act) that discharges to waters of the United States.

b. Not defined as "large" or "medium" municipal separate storm sewer systems pursuant to § 1.3 of this Part.

c. This term includes systems similar to separate storm sewer systems in municipalities, such as systems at military bases, large hospital or prison complexes, and highways and other thoroughfares. The term does not include separate storm sewers in very discrete areas, such as individual buildings.

106. "Special Resource Protection Waters" or "SRPWs" means surface waters identified by the Director as having significant ecological or recreational uses, as defined in the State of Rhode Island Water Quality Regulations.

107. "State" means the State of Rhode Island.

108. "State/EPA agreement" means an agreement between the Regional Administrator and the State which integrates and coordinates EPA and State activities, responsibilities and programs under the Clean Water Act.

109. "Storm sewer" means a sewer intended to carry only storm water.

110. "Storm water" means storm water runoff, snow melt runoff, and surface runoff and drainage.

111. "Storm water discharge associated with industrial activity" means the discharge from any conveyance which is used for collecting and conveying storm water to separate storm sewers and/or directly to a water body and which is directly related to manufacturing, processing or raw materials storage areas at an industrial plant. The term does not include discharges from facilities or activities excluded from the RIPDES program under 40 C.F.R. § 122, incorporated above at § 1.3(B) of this Part. For the categories of industries identified in this section, the term includes, but is not limited to, storm water discharges from industrial plant yards; immediate access roads and rail lines used or traveled by carriers of raw materials, manufactured products, waste material, or by-products used or created by the facility; material handling sites; refuse sites; sites used for the application or disposal of process waste waters (as defined at 40 C.F.R. § 401); sites used for the storage and maintenance of material handling equipment; sites used for residual treatment, storage, or disposal; shipping and receiving areas; manufacturing buildings; storage areas (including tank farms) for raw materials, and intermediate and finished products; and areas where industrial activity has taken place in the past and significant materials remain and are exposed to storm water. For the purposes of this paragraph, material handling activities include the storage, loading and unloading, transportation, or conveyance of any raw material, intermediate product, finished product, by-product or waste product. The term excludes areas located on plant lands separate from the plant's industrial activities, such as office buildings and accompanying parking lots as long as the drainage from the excluded areas is not mixed with storm water drained from the above described areas. Industrial facilities (including industrial facilities that are Federally, State, or municipally owned or operated that meet the description of the facilities listed in §§ 1.4(A)(111)(a) through (k) of this Part) include those facilities designated under the provisions of § 1.4(A)(112) of this Part. The following categories of facilities are considered to be engaging in "industrial activity" for purposes of this subsection:

a. Facilities subject to storm water effluent limitations guidelines, new source performance standards, or toxic pollutant effluent standards under 40 C.F.R. Chapter I, Subchapter N, incorporated above at § 1.3(B) of this Part, (except facilities with toxic pollutant effluent standards which are exempted under § 1.4(A)(111)(k) of this Part;

b. Heavy industry. Facilities classified as Standard Industrial Classifications 24 (except 2434), 26 (except 265 and 267), 28 (except 283), 29, 311, 32 (except 323), 33, 3441, 373;

c. Mining operations. Facilities classified as Standard Industrial Classifications 10 through 14 (mineral industry) including active or inactive mining operations (except for areas of coal mining operations no longer meeting the definition of a reclamation area under 40 C.F.R. § 434.11(1), incorporated above at § 1.3(B) of this Part, because the performance bond issued to the facility by the appropriate SMCRA authority has been released, or except for areas of non-coal mining operations which have been released from applicable State or Federal reclamation requirements after December 17, 1990) and oil and gas exploration, production, processing, or treatment operations, or transmission facilities that discharge storm water contaminated by contact with or that has come into contact with, any overburden, raw material, intermediate products, finished products, byproducts or waste products located on the site of such operations; (inactive mining operations are mining sites that are not being actively mined, but which have an identifiable owner/operator; inactive mining sites do not include sites where mining claims are being maintained prior to disturbances associated with the extraction, beneficiation, or processing of mined materials, nor sites where minimal activities are undertaken for the sole purpose of maintaining a mining claim);

d. Hazardous waste treatment, storage, or disposal facilities, including those that are operating under interim status or a permit under subtitle C of RCRA;

e. Landfills, land application sites, and open dumps that receive or have received any industrial wastes (waste that is received from any of the facilities described under this subsection) including those that are subject to regulation under subtitle D of RCRA;

f. Facilities involved in the recycling of materials, including metal scrap yards, battery reclaimers, salvage yards, and automobile junk yards, including but limited to those classified as Standard Industrial Classification 5015 and 5093;

g. Steam electric power generating facilities, including coal handling sites;

h. Transportation facilities. Transportation facilities classified as Standard Industrial Classifications 40, 41, 42 (except 4221-25), 43, 44, 45, and 5171 which have vehicle maintenance shops, equipment cleaning operations, or airport deicing operations. Only those portions of the facility that are either involved in vehicle maintenance (including vehicle rehabilitation, mechanical repairs, painting, fueling, and lubrication), equipment cleaning operations, airport deicing operations, or which are otherwise identified under §§ 1.4(A)(111)(a) through (g) or §§ 1.4(A)(111)(i) through (k) of this Part are associated with industrial activity;

i. Treatment works. Treatment works treating domestic sewage or any other sewage sludge or wastewater treatment device or system, used in the storage treatment, recycling, and reclamation of municipal or domestic sewage, including land dedicated to the disposal of sewage sludge that are located within the confines of the facility, with a design flow of 1.0 MGD or more, or required to have an approved pretreatment program under 40 C.F.R. § 403, incorporated above at § 1.3(B) of this Part. Not included are farm lands, domestic gardens or lands used for sludge management where sludge is beneficially reused and which are not physically located in the confines of the facility, or areas that are in compliance with 33 U.S.C. § 1345 (Section 405 of the Clean Water Act).

j. Construction activity. Construction activity including clearing, grading and excavations except: operations that result in the disturbance of less than five acres of total land area. Construction activity also includes the disturbance of less than five acres of total land area that is part of a larger common plan of development or sale if the larger common plan will ultimately disturb five acres or more;

k. Light industry. Facilities under Standard Industrial Classifications 20, 21, 22, 23, 2434, 25, 265, 267, 27, 283, 285, 30, 31 (except 311), 323, 34 (except 3441), 35, 36, 37 (except 373), 38, 39, 4221-25, (and which are not otherwise included within categories §§ 1.4(A)(111)(b) through (j) of this Part;

112. "Storm water discharge associated with small construction activity" means the discharge of storm water from:

a. Construction activities including clearing, grading, and excavating that result in land disturbance of equal to or greater than one acre and less than five acres. Small construction activity also includes the disturbance of less than one acre of total land area that is part of a larger common plan of development or sale if the larger common plan of development or sale will ultimately disturb equal to or greater than one and less than five acres. Small construction activity does not include routine maintenance that is performed to maintain the original line and grade, hydraulic capacity, or original purpose of the facility.

b. Any other construction activity designated by the Department based on the potential for contribution to a violation of a water quality standard or for significant contribution of pollutants to waters of the United States or through a TMDL in accordance with §§ 1.32(A)(1)(g) and (h) of this Part.

113. "Surface water" means any "waters of the State" which are not "groundwater."

114. "Thermal discharge" means that component of any discharge which is comprised of heat, and which shall be limited in accordance with 33 U.S.C. §§ 1311, 1316, 1326 (Sections 301, 306, and 316 of the Clean Water Act) or when determined necessary by the Department.

115. "Total dissolved solids" means the total dissolved (filterable) solids as determined by use of the method specified in 40 C.F.R. § 136, incorporated above at § 1.3(B) of this Part.

116. "Total maximum daily load" or "TMDL" means the maximum amount of a particular pollutant that may be discharged into a particular stream segment in one day. TMDLs are required for all water quality limited segments but only for those pollutants which limit water uses.

117. "Toxic pollutant" means those pollutants, or combinations of pollutants, including disease causing agents, which after discharge and upon exposure, ingestion, inhalation, or assimilation into any organism, either directly or indirectly but ingestion through food chains, may, on the basis of information available to the Director cause death, disease, behavioral, abnormalities, cancer, genetic mutations, physiological malfunctions including malfunctions in reproduction, or physical deformation, in such organisms or their offspring. Toxic pollutants shall include but not be limited to those pollutants identified pursuant to 33 U.S.C. § 1317 (Section 307 of the Clean Water Act) (see §§ 1.63 and 1.64 of this Part).

118. "Trade secret" means the whole or any portion or phase of any scientific, technical or otherwise "proprietary information," design, process, procedure, formula, or improvement which is used in one's business and is secret when the owner takes measures to prevent it from becoming available to person other than those selected by the owner to have access thereto for limited purposes. A "Trade Secret" shall not apply to "effluent data" "permits" or "permit application forms".

119. "Uncontrolled sanitary landfill" means a landfill or open dump, whether in operation or closed, that does not meet the requirements for run-on or run-off controls established pursuant to subtitle D of the Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq.

120. "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 the operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.

121. "Urbanized areas" or "UAs" means those areas that consist of contiguous, densely settled census block groups, and census blocks, that meet minimum population density requirements, along with adjacent densely settled census blocks that together encompass a population of at least 50,000 people. Minimum population density requirements consist of core census block groups or blocks that have a population density of at least 1,000 people per square mile, and, surrounding census blocks that have an overall density of at least 500 people per square mile. The complete criteria are available from the Chief, Geography Division, U.S. Bureau of the Census, Washington, DC 20233. For the purposes of these regulations, any subsequent UA calculated area will be added to any previous UA calculated area as shown in § 1.73 of this Part.

122. "Variance" means any mechanism or provision under 33 U.S.C. § 1311 or 1326 (Sections 301 or 316 of the Clean Water Act) or under 40 C.F.R. § 125, incorporated above at § 1.3(B) of this Part, or in the applicable "effluent limitation guidelines" which allows modification to or waiver of the generally applicable effluent limitation requirements or time deadlines of the Clean Water Act. This includes provisions which allow the establishment of alternative limitations based on fundamentally different factors or on 33 U.S.C. §§ 1311(c), 1311(g), 1311(h), 1311(i) or 1326(a) (Section 301(c), 301(g), 301(h), 301(i) or 316(a) of the Clean Water Act).

123. "Waste load" means the amount of chemical, physical, or biological matter contained within a waste discharge.

124. "Waste load allocation" means the assignment of maximum waste loads to point-source discharges so as to maintain water quality standards.

125. "Water priority chemical" means a chemical or chemical categories which are:

a. Listed at 40 C.F.R. § 372.65 pursuant to the "Emergency Planning and Planning and Community Right-to-Know Act of 1986,"42 U.S.C. § 11001 et seq.

b. Present at or above threshold levels at a facility subject to 42 U.S.C. § 11001 reporting requirements; and

c. Meet at least one of the following criteria:

(1) Are listed in appendix D of 40 C.F.R. § 122, incorporated above at § 1.3(B) of this Part on either Table II (Organic priority pollutants), Table III (certain metals, cyanides, and phenols), or Table V (certain toxic pollutants and hazardous substances);

(2) Are listed as a hazardous substance pursuant to 33 U.S.C. § 1321(b)(2)(A) (Section 311(b)(2)(A) of the Clean Water Act) at 40 C.F.R. § 116.4; or

(3) Are pollutants for which EPA has published acute or chronic water quality criteria.

126. "Water quality criteria" means a designated concentration of a constituent that, when not exceeded, will protect an organism, an organismic community or a prescribed water use or quality.

127. "Water quality standards" means the physical, chemical, biological and esthetic characteristics of a water body as described by State water quality criteria or the water quality which would result from existing discharges under design conditions, whichever is more stringent as determined by the Department.

128. "Waters of the State" or "Water" means all surface water and groundwater of the State of Rhode Island, including all tidewaters, territorial seas, wetlands, land masses partially or wholly submerged in water, and both inter-and intrastate bodies of water which are, have been or will be used in commerce, by industry, for the harvesting of fish and shellfish or for recreational purposes.

129. "Wetlands" means those areas that are inundated or saturated by surface or groundwater 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 generally include swamps, marshes, bogs, and similar areas.

250 R.I. Code R. 250-RICR-150-10-1.4