Connecticut Administrative Code › Title 22a - Environmental Protection › 430 - Water Pollution Control › Section 22a-430-3 - General conditions applicable to water discharge permits

Current through July 10, 2024
(a)
Definitions.
The following
			 definitions shall apply to this section and section
			 22a-430-4
			 of the Regulations of Connecticut State Agencies.
(1) The definitions of the following terms
			 used in this section shall be the same as the definitions in section
			 22a-430-6
			 of the Regulations of Connecticut State Agencies, as amended: agricultural
			 activities; applicant; application; bakery and confectionary wastewaters;
			 beverage wastewaters; blowdown from heating and cooling equipment; building
			 floor drain wastewaters; clay, gypsum, refractory, and ceramic product
			 wastewaters; coal gasification wastewaters; coal liquification wastewaters;
			 concrete product wastewaters; cooling water (non-contact); department;
			 discharge point; dredging; edible oils wastewaters; explosives manufacturing
			 wastewaters; fish hatchery and farm wastewaters; furniture manufacturing
			 wastewaters; ground water contamination recovery system; gum and wood chemical
			 wastewaters; hazardous waste; hazardous waste disposal area; hazardous waste
			 facility; incinerator; miscellaneous food product wastewaters; on-site; paint
			 and ink formulation; permit; photographic equipment, supplies wastewaters;
			 photographic processing wastewaters; printing and publishing wastewaters;
			 residential building; rubber processing wastewaters; septage; septage disposal
			 area; shale oil wastewaters; shipbuilding wastewaters; shore receptor and bulk
			 terminal wastewaters; soap, detergent and cosmetic manufacturing wastewaters;
			 solid waste; solid waste disposal area; stormwater; swimming pool backwash;
			 transfer station; transportation wastewaters; tumbling and cleaning of parts
			 wastewaters; water production wastewaters.
(2) The definitions of the following terms
			 used in this section are contained in section
			 22a-423
			 of the Connecticut General Statutes: commissioner; waters; wastes; pollution;
			 person; municipality; discharge.
(3) As used in this section and section
			 22a-430-4
			 of the Regulations of Connecticut State Agencies:
"Acute Toxicity" means an adverse effect on aquatic life such
				as death or debilitation caused by short-term exposure to a substance or
				combination of substances.
"Aliquot sample" means a grab sample taken for the purpose of
				combining with other grab samples to make a composite sample.
"Average" means the arithmetic average.
"Average daily concentration" means the average concentration
				of a substance in a daily composite sample.
"Average daily flow" means the average of all total daily flows
				measured during any calendar month.
"Average daily quantity" means the average quantity of waste
				generated during an operating day.
"Average monthly concentration" means the average concentration
				of a substance as measured by the average of all daily composite samples or
				grab sample averages taken during any calendar month.
"Average monthly discharge limitation" means the highest
				allowable average of all daily discharges during any calendar month.
"Average weekly concentration" means the average concentration
				of all daily composite samples taken during any calendar week.
"Average weekly discharge limitation" means the highest
				allowable average of a substance as measured by the average of all daily
				discharges during any calendar week.
"BAT" means Best Available Technology Economically Achievable
				as specified in subparagraph (4) (A) (iii), (iv) and (vi) of subsection
				(
l
) of section
				22a-430-4
				of the Regulations of Connecticut State Agencies as amended.
"BCT" means Best Conventional Pollutant Control Technology as
				specified in subparagraph (4) (A) (ii) of subsection (
l
) of
				section
				22a-430-4
				of the Regulations of Connecticut State Agencies as amended.
"Bioaccumulation" means uptake and retention of substances by
				an organism from its surrounding medium and/or from food.
"BPT" means Best Practicable Control Technology Currently
				Available as specified in subparagraph (4) (A) (i) of subsection
				(
l
) of section
				22a-430-4
				of the Regulations of Connecticut State Agencies as amended.
"Bypass" means the diversion of wastes from any portion of the
				wastewater collection or treatment facilities.
"CFR" means the Code of Federal Regulations. Each citation to
				"CFR" which is contained in this section and section
				22a-430-4
				of the Regulations of Connecticut State Agencies shall be considered to
				incorporate the cited provision by reference as if fully set forth therein.
				Each cited provision is incorporated as it existed on the effective date of the
				provision of this section and section
				22a-430-4
				of the Regulations of Connecticut State Agencies which contains the
				citation.
"Chronic Toxicity" means an adverse effect on aquatic life such
				as reduced reproductive success or growth, or poor survival of sensitive life
				stages, caused by long-term exposure to a substance or combination of
				substances.
"Clean Water Act" or "CWA" means the Federal Clean Water Act
				(formerly referred to as the Federal Water Pollution Control Act)
				33 U.S.C.
				1251
et seq.
and applicable
				regulations promulgated thereunder. Unless otherwise apparent from the context,
				each citation to CWA, or to requirements promulgated thereunder, which is
				contained in this section or section
				22a-430-4
				of the Regulations of Connecticut State Agencies shall be considered to
				incorporate the cited provision by reference as if fully set forth therein.
				Each provision which is incorporated by reference is incorporated as it existed
				on the effective date of the provision of this section and section
				22a-430-4
				of the Regulations of Connecticut State Agencies which contains the
				citation.
"Composite Sample" means a sample collected over a specified
				period of time in order that the results are representative of the monitored
				activity over the same time period.
"Connecticut Water Quality Standards" means the standards
				adopted by the commissioner under section
				22a-436
				of the Connecticut General Statutes, as amended.
"Continuous Discharge" means a discharge which occurs without
				interruption throughout the operating day, except for infrequent stoppages for
				maintenance, process changes, or other similar activities.
"Conventional Pollutants" means Biochemical Oxygen Demand (Five
				Day), Oil and Grease, Total Suspended Solids-Nonfilterable, Fecal Coliform and
				pH.
"Cyanide, Amenable" means cyanide which is amenable to
				destruction by chlorine.
"Daily composite" means (1) a composite sample taken over a
				full operating day consisting of grab samples collected at equal intervals of
				no more than sixty (60) minutes and combined proportionally to flow, or (2) a
				composite sample continuously collected over a full operating day
				proportionally to flow. Upon submission of documentation by the applicant
				satisfactory to the commissioner that a discharge is of consistent effluent
				quality, the commissioner may allow equal sampling intervals of up to four (4)
				hours for a daily composite sample.
"Daily Toxicological Effluent Limit" means any limitation
				established to regulate the concentration or quantity of acute or chronic
				toxicity of a compound, mixture of compounds, or effluent discharge in a twenty
				four (24) hour period.
"Day" means the twenty four hour period commencing at 12:00
				a.m., and, unless specified as "business day" shall mean calendar day.
"Design Flow Rate" means the flow rate on which the design of a
				particular wastewater collection, treatment or disposal system or part thereof
				is based, in order to allow compliance with chapter 446k of the Connecticut
				General Statutes, this section and section
				22a-430-4
				of the Regulations of Connecticut State Agencies.
"Dewatering Wastewaters" means uncontaminated wastewaters
				generated by the pumping of ground waters during construction or excavation
				activities.
"Director" means the Director of the Water Compliance Unit of
				the Department of Environmental Protection.
"Discharge Toxicity Evaluation" means a structured scientific
				analysis of the existing and potential acute and chronic toxicity and discharge
				rate of a discharge relative to available dilution in the receiving
				water.
"Domestic sewage" means sewage that consists of water and human
				excretions or other waterborne wastes incidental to the occupancy of a
				residential building or a non-residential building but not including
				manufacturing process water, cooling water, wastewater from water softening
				equipment, commercial laundry wastewater, blowdown from heating or cooling
				equipment, water from cellar or floor drains or surface water from roofs, paved
				surfaces or yard drains.
"Effluent limitation" means (1) any numerical limitation
				imposed by the commissioner on quantities, discharge rates or concentrations of
				any water, substance or material discharged to the waters of the State or (2)
				any limitation imposed by the commissioner on any other measure of the quality
				or quantity of the discharge.
"Environmental Protection Agency" or "EPA" means the United
				States Environmental Protection Agency.
"Existing Discharge" means a discharge which existed within the
				year preceding the effective date of this section or which was authorized by a
				valid State or NPDES permit on the effective date of this section. An existing
				discharge need not have operated continuously, and may include intermittent,
				seasonal or batch type discharges and discharges which existed only over
				certain times of the day.
"Furniture Refinishing Rinsewaters" means wastewaters generated
				by the rinsing of furniture after chemical stripping, cleaning or refinishing,
				not including concentrated solutions from these processes.
"Generic Substance" means a group of elements or compounds
				which, because of their similar effects on receiving waters or other
				characteristics, are appropriately identified by measurement of a common
				property rather than measurement of the specific elements or compounds.
"Grab sample" means an individual sample collected in less than
				fifteen minutes.
"Grab sample average" means the arithmetic average of all grab
				sample analyses. Grab samples shall be collected at least once every four hours
				over a full operating day for as long as a discharge exists on that day
				(minimum of two grab samples per day).
"Ground waters" means those waters of the state which naturally
				exist or flow below the surface of the ground.
"Hazardous Substance" means any substance listed in either 40
				CFR Part 261 Appendix VIII,
				40 CFR
				116.4 or Appendix B of Section
				22a-430-4
				of the Regulations of Connecticut State Agencies.
"High Level Radioactive Waste" means (A) the highly radioactive
				material from reprocessing of spent nuclear fuel including liquid waste
				products generated directly in reprocessing and any solid waste derived from
				such liquid waste that contain fission products in sufficient concentration;
				and (B) other highly radioactive material that the U.S. Department of Energy
				determines by rule requires permanent isolation.
"Hydrostatic Pressure Testing Wastewaters" means wastewaters
				generated by the hydrostatic pressure testing of water, sewer, or natural gas
				pipelines.
"Injection" means the subsurface emplacement of fluids by
				gravity or greater pressure through a well.
"kg/day" means kilograms per day.
"LC50" means the concentration of a substance, mixture of
				substances, or discharge which causes mortality to fifty percent of the test
				organisms in an acute toxicity test.
"lbs/day" means pounds per day.
"Leachate indicators" means the following substances: total
				dissolved solids, total suspended solids, alkalinity, total dissolved iron,
				total dissolved manganese, ammonia nitrogen (as nitrogen), nitrate nitrogen (as
				nitrogen), sodium, chlorides, volatile organic compounds (as determined by
				methods 8010 and 8020 described in EPA publication SW 846 entitled
Test
				Methods for Evaluating Solid Waste
) and twenty day biochemical oxygen
				demand.
"Listed substance" means any substance for which analytical
				results or estimates are included in a permit application.
"Maximum concentration" means the maximum concentration at any
				time as determined by a grab sample.
"Maximum daily concentration" means the maximum concentration
				as measured in a daily composite sample or a grab sample average.
"Maximum Daily Flow" means the greatest volume of wastewater to
				be discharged over an operating day, not to exceed the design flow rate.
"Maximum daily quantity" means the maximum quantity of waste
				generated during an operating day.
"mg/l" means milligrams per liter.
"Minor Blowdown from Heating and Cooling Equipment" means
				wastewaters generated by heating and cooling equipment that recycles water,
				provided that the discharge of such wastewaters has a maximum daily flow of no
				greater than 500,000 gallons per day.
"Minor Heat Pump Wastewaters" means wastewaters generated by
				the withdrawal of ground waters or surface waters for heating or cooling of a
				building, provided the discharge of such wastewaters has a maximum daily flow
				of no greater than 500,000 gallons per day.
"Minor Non-contact Cooling Water" means wastewater which has
				been used for cooling purposes, does not come into direct contact with a
				product or process, and has a maximum daily flow of no greater than 500,000
				gallons per day with a minimum dilution available in the receiving stream at
				seven day, ten year low flow of at least ten to one.
"Minor Photographic Processing Wastewaters" means wastewater
				generated by the processing of photographic film, and having a maximum daily
				flow of no greater than 5,000 gallons per day.
"Minor Tumbling and Cleaning of Parts Wastewaters" means
				wastewaters generated by processing of only aluminum or unfinished steel parts
				for the removal of particulate metal or for cleaning, where no acids or
				cyanides are used in the processing, and having a maximum daily flow of no
				greater than 5,000 gallons per day.
"Month" means the period commencing at 12:00 a.m. on the first
				day of any calendar month and ending at 12:00 a.m. on the first day of the next
				calendar month.
"National Pollutant Discharge Elimination System" or "NPDES"
				means the program for issuing, modifying, revoking, monitoring and enforcing
				permits, and imposing and enforcing pretreatment requirements, under sections
				307, 402, 318 and 405 of the Clean Water Act and Chapter 446k of the
				Connecticut General Statutes and regulations adopted thereunder.
"New Discharge" means a discharge initiated after the effective
				date of this section which is not an existing discharge, or an increase of an
				existing discharge beyond permit conditions after the effective date of this
				section.
"New source" means any building, structure, facility or
				installation from which there is or may be a discharge:
(1) the construction of which commenced
(A) After the date the current limitation
			 applicable to such type of source was adopted in subsection
			 (
l
) of section
			 22a-430-4
			 of the Regulations of Connecticut State Agencies, or
(B) After proposal of standards of
			 performance in accordance with section 306 CWA which are applicable to such
			 source, but only if the standards are promulgated in accordance with section
			 306 CWA within one hundred twenty days of their proposal, and
(2) if a new source performance
			 standard is independently applicable to it; and
(3)
(A)
			 which is constructed at a site at which no other discharge is located;
			 or
(B) totally replaces the process
			 or production equipment that causes the discharge at an existing facility;
			 or
(C) whose processes are
			 substantially independent of an existing facility at the same site, considering
			 such factors as the extent to which the new process is integrated with the
			 existing process and the extent to which the new facility is engaged in the
			 same general type of activity as the existing facility.
" 'N' Hour Average" means the average of a minimum of "N + 1"
				measurements obtained at regular intervals during an "N" hour period.
"No Observable Acute Effect Level or NOAEL" means the highest
				concentration of a substance or combination of substances which does not cause
				acute toxicity to aquatic organisms.
"NPDES Permit" means a permit authorizing a discharge to the
				surface waters of the state either directly, or indirectly by means other than
				through a POTW or the ground waters, which is issued by the commissioner
				pursuant to section
				22a-430
				of the Connecticut General Statutes.
"NSPS" means New Source Performance Standards as specified in
				subparagraph (4) (A) (vii) of subsection (
l
) of section
				22a-430-4
				of the Regulations of Connecticut State Agencies as amended.
"Operating day" means that portion of a calendar day during
				which a discharge exists.
"pH" means the negative logarithm of the hydrogen ion
				concentration.
"Pollutant" means any water, substance or material for which
				the permit in question specifies an effluent limitation.
"Potable Water System Flushing Wastewaters" means wastewaters
				generated by the periodic flushing of potable water systems using
				uncontaminated water.
"Privately Owned Treatment Works" means a system which is not a
				POTW and which is used to collect, treat and/or dispose of only nondomestic
				sewage from any facility whose operator is not the operator of the treatment
				works.
"Process Wastewater" means any wastewater which, during
				manufacturing, commercial, mining or silvicultural activities, comes into
				direct contact with, or results from the production, use or handling of any
				process, raw material or intermediate or final product, byproduct or
				wasteproduct. This does not include cooling water (non-contact), domestic
				sewage, blowdown from heating and cooling equipment, stormwater, or wastewater
				from agricultural activities.
"PSES" means Pretreatment Standards for Existing Sources as
				specified in subparagraph (4) (D) (i) of subsection (
l
) of
				section
				22a-430-4
				of the Regulations of Connecticut State Agencies as amended.
"PSNS" means Pretreatment Standards for New Sources as
				specified in subparagraph (4) (D) (i) of subsection (
l
) of
				section
				22a-430-4
				of the Regulations of Connecticut State Agencies as amended.
"Publicly Owned Treatment Works" or "POTW" means a system used
				for the collection, treatment and/or disposal of sewage from more than one lot
				as defined in section
				22a-430-1
				of the Regulations of Connecticut State Agencies and which discharges to the
				waters of the state and which is owned by a municipality or the state.
"Quarter" means the calendar quarter beginning at 12:00 a.m. on
				the first day of January, April, July and October and ending at 12:00 a.m. on
				the first day of April, July, October and January, respectively.
"Radiator Repair Rinsewaters" means wastewaters generated by
				the rinsing and pressure testing of vehicle radiators, not including
				concentrated cleaning solutions or boil tanks.
"RCRA" means the Federal Resource Conservation and Recovery Act
				of 1976 (
				42 USC
				6901 et seq.) and applicable regulations
				promulgated thereunder.
"Regional Administrator" means the Regional Administrator of
				the appropriate Regional Office of the Environmental Protection Agency or the
				authorized representative of the Regional Administrator.
"Safe Drinking Water Act" or "SDWA" means the federal Safe
				Drinking Water Act,
				42
				U.S.C. 300f
et seq.
and
				applicable regulations promulgated thereunder.
"Seven Day, Ten Year Low Flow" means the lowest seven
				consecutive day mean stream discharge rate with a recurrence interval of ten
				(10) years.
"Severe property damage" means substantial physical damage to
				property, damage to the collection system or treatment facilities which causes
				them to become inoperable, or substantial and permanent loss of natural
				resources. Severe property damage does not mean economic loss caused by delays
				in production.
"SIC Code" means Standard Industrial Classification code as
				specified in the Standard Industrial Classification Manual prepared by the
				United States Office of Management and Budget.
"State/EPA Agreement" means an agreement between the Regional
				Administrator and the State, which coordinates EPA and State activities,
				responsibilities and programs including those under the CWA programs.
"State Permit" means a permit authorizing a discharge to a POTW
				or to the ground waters of the state, which is issued by the commissioner
				pursuant to section
				22a-430
				of the Connecticut General Statutes.
"Substance" means one or more elements, compounds or materials
				which, when added to water or wastewater, may alter the physical, chemical,
				biological or other characteristic of the water or wastewater. When used in
				this section and section
				22a-430-4
				of the Regulations of Connecticut State Agencies, the term substance includes
				heat, radiation, color and conventional pollutants.
"Surface Waters" means those waters of the state which are not
				ground waters.
"Swimming Pool Cleaning Wastewaters" means wastewaters
				generated by the chemical cleaning of the sidewalls of the swimming
				pool.
"Swimming Pool Draining Wastewaters" means wastewaters
				generated by the draining of a swimming pool and does not include washwaters
				generated by the chemical cleaning of the sidewalls of the swimming
				pool.
"Total daily flow" means the total flow of wastewater over an
				operating day.
"Toxic Substance" means any substance listed as toxic in
				Appendix B or Appendix D of section
				22a-430-4
				of the Regulations of Connecticut State Agencies as amended.
"Treatment Facility" means a system or any part thereof the
				purpose of which is to improve the chemical, physical or biological quality of
				a waste or wastewater discharge, including pretreatment facilities discharging
				to a POTW.
"Underground injection control program" or "UIC program" means
				the program under Part C of the Safe Drinking Water Act, Chapter 446k of the
				Connecticut General Statutes and section
				22a-430-8
				of the Regulations of Connecticut State Agencies.
"Variance" means any mechanism or provision which allows
				modification or waiver of a generally applicable requirement of this section or
				section
				22a-430-4
				of the Regulations of Connecticut State Agencies.
"Vehicle Service Floor Drain Wastewater" means wastewater
				generated from floor washdown and drippings from vehicles in vehicle service
				areas.
"Week" means the period commencing at 12:00 a.m. on Sunday and
				ending at 12:00 a.m. on the following Sunday.
"Zone of Influence" means the spatial area or volume of
				receiving water flow within which some degradation of water quality or use
				impairment is anticipated to occur as a result of a discharge.
"Zone of Passage" means the spatial area or volume of flow
				within which the concentration of any substance resulting from a discharge is
				below the level which would impede or prohibit the passage of free swimming and
				drifting organisms in the receiving waters.