Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 520 - DEFINITIONS FOR THE WASTE DISCHARGE PERMITTING PROGRAM › Section 096-520-2 - Definitions

Current through 2024-29, July 17, 2024
. The following definitions apply to Chapters 521 through
				  529. Other terms which have specific or limited meaning in the context of a
				  rule are defined in that rule. Terms not otherwise defined have the meaning
				  given by State Law, Title 38, Chapter 3 or the Federal Clean Water Act. When a
				  defined term appears in a definition, the defined term is sometimes placed in
				  quotation marks as an aid to readers. The definitions in Chapters 521 through
				  529 are not intended in any way to define or affect the meaning of terms used
				  in other rules administered by the Department.
Administrator means the Administrator of the United States
				  Environmental Protection Agency, or an authorized representative.
Act means the Federal Water Pollution Control Act, Federal
				  public law 92-500 or
				  33 United States
				  Code, sections 1251, et. seq., and including
				  all amendments effective on or before January 1, 1997, of the Clean Water
				  Act.
Applicable standards and limitations means all State,
				  interstate, and federal standards and limitations to which a ``discharge,'' a
				  ``sewage sludge use or disposal practice,'' or a related activity is subject
				  under the CWA, including ``effluent limitations,'' water quality standards,
				  standards of performance, toxic effluent standards or prohibitions, ``best
				  management practices,'' pretreatment standards, and ``standards for sewage
				  sludge use or disposal'' under sections 301, 302, 303, 304, 306, 307, 308, 403
				  and 405 of CWA.
Application means the forms provided by the Department for
				  applying for a permit, including any additions, revisions or modifications to
				  the forms.
Approved program or approved State means a State or
				  interstate program which has been approved or authorized by EPA under 40 CFR
				  part 123.
Average monthly discharge limitation means 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. Except, however,
				  bacteriological tests may be calculated as a geometric mean.
Average weekly discharge limitation means 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.
Best management practices (``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 plant site runoff, spillage or leaks, sludge or waste
				  disposal, or drainage from raw material storage.
BMPs means ``best management practices.''
Commissioner means the Commissioner of the Department of
				  Environmental Protection, or his or her designee.
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.
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.
CWA means the Clean Water Act or the Federal Water Pollution
				  Control Act, Federal public law 92-500 or
				  33 United States
				  Code, sections 1251, et. seq., and including
				  all amendments effective on or before January 1, 1997.
CWA and regulations means the Clean Water Act and applicable
				  regulations promulgated thereunder, including State program
				  requirements.
Daily discharge means the ``discharge of a pollutant''
				  measured during a calendar day or any 24-hour period that reasonably 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.
Department means the Department of Environmental Protection,
				  including the Board of Environmental Protection and the "Commissioner".
Director means the Regional Administrator or the
				  "Department", as the context requires, or an authorized representative.
				  ``Director'' normally means the Department. In some circumstances, however, EPA
				  retains the authority to take certain actions even when there is an approved
				  State program. (For example, when EPA has issued an NPDES permit prior to the
				  approval of a State program, EPA may retain jurisdiction over that permit after
				  program approval, see
				  40 CFR 123.1.)
				  In such cases, the term "Director'' means the Regional Administrator and not
				  the Department.
Discharge means any spilling, leaking, pumping, pouring,
				  emptying, dumping, disposing or other addition of any pollutant to "waters of
				  the State".
Discharge Monitoring Report (``DMR'') means the EPA uniform
				  national form, including any subsequent additions, revisions, or modifications
				  for the reporting of self-monitoring results by permittees. DMRs must be used
				  by ``approved States'' as well as by EPA. EPA will supply DMRs to any approved
				  State upon request. The EPA national forms may be modified to substitute the
				  State Agency name, address, logo, and other similar information, as
				  appropriate, in place of EPA's.
DMR means ``Discharge Monitoring Report.''
Draft permit means a document prepared under Chapter 522
				  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
				  Chapter 522, are types of ``draft permits.'' A denial of a request for
				  modification, revocation and reissuance, or termination, as discussed in
				  Chapter 522, is not a ``draft permit.'' A ``proposed permit'' is not a ``draft
				  permit.''
Effluent limitation means any restriction imposed by the
				  Department on quantities, discharge rates, and concentrations of ``pollutants''
				  which are ``discharged'' from ``point sources'' into ``waters of the State,''
				  the waters of the ``contiguous zone,'' or the ocean.
Effluent limitations guidelines means a regulation published
				  by the Administrator under section 304(b) of CWA to adopt or revise ``effluent
				  limitations.''
Environmental Protection Agency (``EPA'') means the United
				  States Environmental Protection Agency.
EPA means the United States Environmental Protection
				  Agency.
Facility or activity means any NPDES ``point source'' or any
				  other facility or activity (including land or appurtenances thereto) that is
				  subject to regulation under the NPDES program.
Federal Indian reservation means all land within the limits
				  of any Indian reservation under the jurisdiction of the United States
				  Government, notwithstanding the issuance of any patent, and including
				  rights-of-way running through the reservation.
General permit means an NPDES ``permit'' issued under Chapter
				  529 authorizing a category of discharges under the CWA within a geographical
				  area.
Hazardous substance means any substance designated under 40
				  CFR part 116 pursuant to section 311 of CWA.
Indian lands means real property the title to which is vested
				  in the United States but held in trust for an Indian Tribe. Jurisdiction over
				  environmental matters on Indian lands in Maine is as set forth in the Maine
				  Indian Claims Settlement Act,
				  25 USC
				  §§
										1721, et. seq., and the Maine
				  Implementing Act,
				  30 MRSA
				  §§6201 et. seq.
Indian Tribe means the Passamaquoddy Tribe and the Penobscot
				  Indian Nation as defined in
				   30 MRSA
				  §§6203(7) and
				  (10).
Indirect discharger includes, but is not limited to, a non
				  domestic discharger introducing ``pollutants'' to a ``publicly owned treatment
				  works.''
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 CWA and regulations.
Major facility means any NPDES ``facility or activity''
				  classified as such by the Regional Administrator, or, in the case of ``approved
				  State programs,'' the Regional Administrator in conjunction with
				  Department.
Maximum daily discharge limitation means the highest
				  allowable ``daily discharge.''
Municipality means a city, town, plantation or unorganized
				  township.
National Pollutant Discharge Elimination System (NPDES) means
				  the national program for issuing, modifying, revoking and reissuing,
				  terminating, monitoring and enforcing permits, and imposing and enforcing
				  pretreatment requirements, under sections 307, 402, 318, and 405 of CWA. The
				  term includes an ``approved program.''
New discharger means any building, structure, facility, or
				  installation:
(a) From which there is
				or may be a ``discharge of pollutants;''
(b) That did not commence the ``discharge of
				pollutants'' at a particular ``site'' prior to August 13, 1979;
(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
				  developmental 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 Regional Administrator 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 Regional Administrator shall consider the factors specified in
				  40
				  CFR 125.122(a) (1) through
				  (10).
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.
New source means any building, structure, facility, 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 section 306 of CWA which
				are applicable to such source, or
(b) After proposal of standards of
				performance in accordance with section 306 of CWA which are applicable to such
				source, but only if the standards are promulgated in accordance with section
				306 within 120 days of their proposal.
NPDES means ``National Pollutant Discharge Elimination
				  System.''
Owner or operator means the owner or operator of any
				  "facility or activity" subject to regulation under the NPDES program. In the
				  case of a publicly owned facility or activity, the owner must be included as a
				  licensee in any permit issued under the State NPDES program.
Permit means an authorization, license, or equivalent control
				  document issued by EPA or an ``approved State'' to implement the requirements
				  of 40 CFR parts 122, 123 and 124. ``Permit'' includes an NPDES ``general
				  permit'' (Chapter 529). Permit does not include any permit which has not yet
				  been the subject of final agency action, such as a ``draft permit'' or a
				  ``proposed permit.''
Person means an individual, firm, corporation, municipality,
				  quasi-municipal corporation, state agency, federal agency or other legal
				  entity.
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.
Pollutant means dredged spoil, solid waste, junk, incinerator
				  residue, sewage, refuse, effluent, garbage, sewage sludge, munitions,
				  chemicals, biological or radiological materials, oil, petroleum products or
				  byproducts, heat, wrecked or discarded equipment, rock, sand, dirt and
				  industrial, municipal, domestic, commercial or agricultural wastes of any kind.
POTW means ``publicly owned treatment works.''
Primary industry category means any industry category listed
				  in the NRDC settlement agreement (Natural Resources Defense Council et al.
				  v.Train, 8 E.R.C. 2120 (D.D.C. 1976), modified 12 E.R.C. 1833 (D.D.C.1979));
				  also listed in appendix A of Chapter 521.
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.''
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,
				  byproduct, or waste product.
Proposed permit means a State NPDES ``permit'' which is sent
				  to EPA for review before final issuance by the State. A ``proposed permit'' is
				  not a ``draft permit.''
Publicly owned treatment works (``POTW'') means any facility
				  for the treatment of pollutants owned by the State or any political subdivision
				  thereof, any municipality, district, quasi-municipal corporation or other
				  public entity.
Recommencing discharger means a source which recommences
				  discharge after terminating operations.
Regional Administrator means the Regional Administrator of
				  the Environmental Protection Agency Region I or the authorized representative
				  of the Regional Administrator.
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 the CWA and regulations.
Secondary industry category means any industry category which
				  is not a ``primary industry category.''
Secretary means the United States Secretary of the Army,
				  acting through the Chief of Engineers.
Sewage Sludge means any solid, semisolid, or liquid residue
				  removed during the treatment of municipal waste water or domestic sewage.
				  Sewage sludge includes, but is not limited to, solids removed during primary,
				  secondary, or advanced waste water 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 the incineration of sewage sludge.
Sewage sludge use or disposal practice means the collection,
				  storage, treatment, transportation, processing, monitoring, use, or disposal of
				  sewage sludge.
Site means the land or water area where any ``facility or
				  activity is physically located or conducted, including adjacent land used in
				  connection with the facility or activity.
State means the State of Maine.
State Director means the Department of Environmental
				  Protection, the Commissioner or a delegated representative.
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.
Total dissolved solids means the total dissolved (filterable)
				  solids as determined by use of the method specified in 40 CFR part 136.
Toxic pollutant includes any pollutant listed as toxic under
				  section 307(a)(1) or, in the case of ``sludge use or disposal practices,'' any
				  pollutant identified in regulations implementing section 405(d) of the CWA.
				  Toxic pollutant also includes those substances or combination of substances,
				  including disease causing agents, which after discharge or upon exposure,
				  ingestion, inhalation or assimilation into any organism, including humans
				  either directly through the environment or indirectly through ingestion through
				  food chains, will, on the basis of information available to the board either
				  alone or in combination with other substances already in the receiving waters
				  or the discharge, cause death, disease, abnormalities, cancer, genetic
				  mutations, physiological malfunctions, including malfunctions in reproduction,
				  or physical deformations in such organism or their offspring.
Treatment works treating domestic sewage means a POTW or any
				  other sewage sludge or waste water treatment devices or systems, regardless of
				  ownership (including federal facilities), used in the storage, treatment,
				  recycling, and reclamation of municipal or domestic sewage, including land
				  dedicated for the disposal of wastewater or sewage sludge. . For purposes of
				  this definition, ``domestic sewage'' includes waste and waste water from humans
				  or household operations that are discharged to or otherwise enter a treatment
				  works. In States where there is no approved State sludge management program
				  under section 405(f) of the CWA, the Regional Administrator may designate any
				  person subject to the standards for sewage sludge use and disposal in 40 CFR
				  part 503 as a ``treatment works treating domestic sewage,'' where he or she
				  finds that there is a potential for adverse effects on public health and the
				  environment from poor sludge quality or poor sludge handling, use or disposal
				  practices, or where he or she finds that such designation is necessary to
				  ensure that such person is in compliance with 40 CFR part 503.
Variance means any mechanism or provision under section 301
				  or 316 of CWA or under 40 CFR part 125, or in the applicable ``effluent
				  limitations guidelines'' which allows modification to or waiver of the
				  generally applicable effluent limitation requirements or time deadlines of CWA.
				  This includes provisions which allow the establishment of alternative
				  limitations based on fundamentally different factors or on sections 301(c),
				  301(g), 301(h), 301(i), or 316(a) of CWA.
Waters of the State means any and all surface and subsurface
				  waters that are contained within, flow through, or under or border upon this
				  State or any portion of the State, including the marginal and high seas, except
				  such waters as are confined and retained completely upon the property of one
				  person and do not drain into or connect with any other waters of the State, but
				  not excluding waters susceptible to use in interstate or foreign commerce, or
				  whose use, degradation or destruction would affect interstate or foreign
				  commerce.
Wetlands means those areas that are 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 generally
				  include swamps, marshes, bogs, and similar areas.
Whole effluent toxicity means the aggregate toxic effect of
				  an effluent measured directly by a toxicity test.