Tenn. Comp. R. & Regs. 0400-40-06-.02

Current through June 26, 2024
Section 0400-40-06-.02 - DEFINITIONS

All terminology not specifically defined herein shall be defined in accordance with the Water Quality Control Act of 1977, T.C.A. Title 69, Chapter 3, Part 1. When used in this chapter and in permits issued pursuant to this chapter, the following terms have the meanings given below unless otherwise specified:

"Act" or "TWQCA" means the Water Quality Control Act of 1977, T.C.A. Title 69, Chapter 3, Part 1.

"Agricultural reuse for food crops" means the non-potable reuse of reclaimed wastewater to irrigate food crops that are intended for human consumption.

"Agricultural reuse for processing food crops and non-food crops" means the non-potable reuse of reclaimed wastewater to irrigate crops that are processed by humans before consumption.

"Agronomic application rate," with respect to categories of Urban or Agricultural Reuse, means the application of reclaimed wastewater to meet nutrient or hydraulic uptake needs of food crops, feed crops, fiber crops, cover crops, or vegetation grown on land, the latter category including but not limited to athletic fields and ornamental landscaping. Agronomic application rates vary with the type and density of the crops, the seasonal and ambient weather conditions, shade coverage, and characteristics of the reclaimed wastewater.

"Animal feeding operation" or "AFO" means a facility that (1) stables, confines, and feeds or maintains animals (other than aquatic animals) for a total of 45 days or more in any 12-month period, and (2) does not sustain crops, vegetation, forage growth, or post-harvest residues in the normal growing season over any portion of the facility. Two or more AFOs under common ownership are considered to be a single AFO for the purposes of determining the number of animals at an operation if they adjoin each other or if they use a common area or system for the disposal of wastes.

"Continuous monitoring" means collection of samples using a probe and a recorder with at least one data point per dosing cycle.

"Discharge of a pollutant," "discharge of pollutants," and "discharge," when used without qualification, each refer to the addition of pollutants to waters from a source.

"End user of reclaimed wastewater" means the recipient and user of reclaimed wastewater from a permitted provider at the end of a distribution network who is engaging in beneficial reuse. Any individual who engages in the sale or resale of reclaimed wastewater is not an end user of the reclaimed wastewater.

"Environmental reuse" means the non-potable reuse of reclaimed wastewater that is of such quality that it could be used to create, enhance, sustain, or augment water bodies including wetlands, aquatic habitats, or stream flow.

"Feed crops" means crops produced primarily for consumption by animals.

"Fiber crops" means crops produced primarily for harvesting fibers such as flax or cotton.

"Food crops" means crops produced primarily for consumption by humans. These include, but are not limited to, fruits, vegetables, and tobacco.

"Grab sample" means a single sample collected at a particular time.

"Groundwater recharge for non-potable reuse" means the non-potable reuse of reclaimed wastewater of such quality that it is suitable to recharge aquifers that are not used as potable water sources.

"Irrigation" means the beneficial application of reclaimed wastewater to land or soil to assist with the growing of agricultural crops and maintenance of landscapes during periods of insufficient rainfall.

"Land application area for AFOs" means the land under the control of an AFO owner or operator to which manure, litter, or process wastewater from the AFO production area is, or may be, applied.

"Monthly average concentration" means the arithmetic mean of all samples collected in a calendar-month, expressed in units of mass per volume, for any pollutant.

"Non-potable reuse of reclaimed wastewater" means the planned and intentional reuse of reclaimed wastewater that does not involve direct production of potable water.

"NPDES" means National Pollutant Discharge Elimination System.

"Pasture" means the land on which animals feed directly on crops such as legumes, grasses, grain stubble, or clover.

"Potable reuse of reclaimed wastewater" means the planned augmentation of a drinking water source with reclaimed wastewater.

A "quarter" means any one of the following three-month periods: January 1 through March 31, April 1 through June 30, July 1 through September 30, or October 1 through December 31.

"Reclaimed wastewater" means wastewater that has been treated to meet minimum criteria with the intent of being used for non-potable purposes in a non-discharging wastewater system.

"Restricted urban reuse" means the non-potable reuse of reclaimed wastewater in municipal or suburban settings that is of such quality that public access is controlled or restricted by physical or institutional barriers, such as fencing, advisory signage, or temporal access restrictions.

"Reuse in impoundments with restricted access" means the non-potable reuse of reclaimed wastewater in an impoundment that is of such quality that bodily contact is restricted.

"Reuse in impoundments with unrestricted access" means the non-potable reuse of reclaimed wastewater in an impoundment that is of such quality that there are no limitations imposed on bodily contact for recreational activities.

"Reuse of reclaimed wastewater" means the application of reclaimed wastewater of sufficient quality to be reused in a non-discharging wastewater system in a manner protective of human health and the environment.

"Sewerage system" means the conduits, sewers, and all devices and appurtenances by means of which sewage and other waste is collected, pumped, treated, or disposed.

"STEG" means septic tank effluent gravity.

"STEP" means septic tank effluent pump.

"Surface impoundment" or "impoundment" means a facility or part of a facility that is a natural topographic depression, man-made excavation, or diked area formed primarily of earthen materials (although it may be lined with man-made materials), that is designed to hold an accumulation of liquid wastes or wastes containing free liquids, and that is not an injection well.

"Unrestricted urban reuse" means the non-potable reuse of reclaimed wastewater in municipal or suburban settings that is of such quality that public access is not restricted, such as irrigation for athletic fields, landscaping, or other approved "purple pipe" residential uses.

"Wastewater" means "sewage" as defined in T.C.A. § 69-3-103.

"Wastewater reclamation" means the treatment of wastewater or effluent to produce reclaimed wastewater such that it is acceptable for reuse that would not otherwise occur.

"Waters" means any and all water, public or private, on or beneath the surface of the ground, that are contained within, flow through, or border upon Tennessee or any portion thereof, except those bodies of water confined to and retained within the limits of private property in single ownership that do not combine or effect a junction with natural surface or underground waters.

Tenn. Comp. R. & Regs. 0400-40-06-.02

New rules filed February 14, 2022; effective 5/15/2022.

Authority: T.C.A. §§ 4-5-201, et seq., and 69-3-101, et seq.