Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 20 - Clean Water Commission › Chapter 2 - Definitions › Section 10 CSR 20-2.010 - Definitions

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment is to bring the definitions
				  up to date to match updated statutes, federal regulations, and terminology.
				  Also this amendment removes duplication in the existing rule and unnecessary
				  restrictive words
.
PUBLISHER'S NOTE: The secretary of state has
				  determined that the publication of the entire text of the material which is
				  incorporated by reference as a portion of this rule would be unduly cumbersome
				  or expensive. This material as incorporated by reference in this rule shall be
				  maintained by the agency at its headquarters and shall be made available to the
				  public for inspection and copying at no more than the actual cost of
				  reproduction. This note applies only to the reference material. The entire text
				  of the rule is printed here.
(1) "Abandoned well," as defined in section
				256.603,
				RSMo.
(2) Agrichemical," any
				pesticide or fertilizer but does not include anhydrous ammonia fertilizer
				material
(3) Agrichemical
				facility," any site, with the exception of chemical production facilities,
				where bulk pesticides or fertilizers, excluding anhydrous ammonia fertilizer,
				are stored in non-mobile containers or dedicated containers and are being
				mixed, applied, repackaged, or transferred between containers for more than
				thirty (30) consecutive days per year.
(4) Application," the application form
				supplied by the department, the filing fee, if applicable, and other supporting
				documents if requested.
(5)
				Appurtenances," valves, pumps, fittings, pipes, hoses, plumbing, or metering
				devices connected to sewers, basins, tanks, storage vessels, treatment units,
				and discharge or delivery structures, or used for transferring products or
				wastes.
(6) Aquaculture facility,"
				as defined by section
				644.016(1),
				RSMo.
(7) "Aquifer," a subsurface
				water-bearing bed or stratum which stores or transmits water in recoverable
				quantities that is presently being utilized or could be utilized as a water
				source for private or public use. It does not include water in the vadose zone.
				For purpose of the effluent regulation, sandy or gravelly alluvial soils in or
				on the floodplains of intermittent streams are not an aquifer.
(8) Blending," the practice of diverting
				wet-weather flows around any treatment unit and recombining those flows within
				the treatment facility, while providing primary and secondary or biological
				treatment up to the available capacity, consistent with all applicable effluent
				limits and conditions. See bypass, section (11) of this rule.
(9) Bulk fertilizer," any liquid or dry
				fertilizer which is transported or stored in undivided quantities of greater
				than five hundred (500) gallons measure or five thousand (5,000) pounds net dry
				weight respectively.
(10) "Bulk
				pesticide," any registered pesticide which is transported or stored in an
				individual container in undivided quantities greater than fifty-six (56)
				gallons liquid measure or one hundred (100) pounds dry weight
				respectively.
(11) "Bulk
				repackaging," the transfer of a registered pesticide from one (1) container to
				another in an unaltered state in preparation for sale to or distribution for
				use by another person.
(12)
				"Bypass," as defined by 40 CFR part 122 subpart C, October 22, 2015, as
				published by the EPA Docket Center, EPA West 1301 Constitution Avenue NW.,
				Washington, DC 20004, is incorporated by reference. This rule does not
				incorporate any subsequent amendments or additions. Blending is not a
				bypass.
(13) "Clean Water Act," the
				Clean Water Act (formerly referred to as the Federal Water Pollution Control
				Act or Federal Water Pollution Control Act Amendments of 1972) ( P.L. 92-500 )
				as amended in 1977, ( P.L. 95-217 ), 1978 ( P.L. 95-576 ), 1980 ( P.L. 96-483
				), and in 1981 ( P.L. 97-117 ),
				33 U.S.C.
				1251 et seq, as published by the Office of
				the Law Revision Counsel, U.S. House of Representatives, H2-308 Ford House
				Office Building, Washington, DC 20515, are incorporated by reference. This rule
				does not incorporate any subsequent amendments or additions.
(14) Commission," as defined by section
				644.016(2),
				RSMo.
(15) "Common promotional
				plan," a plan, undertaken by one (1) or more persons, to offer individual lots
				or residential housing units within a residential housing development for sale
				or lease; where land or residential housing units are offered for sale or lease
				by a per- son or group of persons acting in concert, and the land is contiguous
				or is known, designated, or advertised as a common unit or by a common name or
				similar names, the land is presumed, without regard to the number of lots or
				residential housing units covered by each individual offering, as being offered
				for sale or lease as part of a common promotional plan. State and county roads
				are not considered property boundaries.
(16) "Composite sample," a combination of
				individual samples collected over a designated period of time.
(17) "Conference, conciliation, and
				persuasion," as defined by section
				644.016(3),
				RSMo.
(18) "Construction," any
				activities including, but not limited to, the erection, installation, or
				significant modification of any dwelling, structure, building, sewer system,
				water contaminant source, or point source. Construction commences with any
				preparatory activity including, but not limited to, trenching, excavation for
				any building in a subdivision, or for a wastewater treatment facility,
				demolition of existing wastewater treatment facility structures or change in
				the wastewater treatment facility operation necessary to allow modification,
				but not to include interior remodeling of single-family residences or
				commercial buildings which will not result in a substantial change in
				wastewater volume, nature, or strength of the discharge therefrom.
(19) "Continuing authority," is a person, as
				defined in 644.016(15), RSMo, that is either an area wide management authority
				or owns and/or operates a point source, treatment facility, or a sewer
				collection system
(20) Daily
				maximum," an effluent limitation that specifies the total mass or average
				concentration of pollutants that may be discharged in a calendar day.
(21) Dedicated agrichemical container," a
				container effectively designed and constructed to hold a specific agrichemical
				and to be reused, repackaged, or refilled
(22) Department," as defined by section
				644.016(4),
				RSMo.
(23) Developer," any person
				or group of persons who directly or indirectly, sells or leases or offers to
				sell or lease, any lots, residential housing units, or recreational camping
				sites, but not to include any licensed broker or licensed salesman who is not a
				shareholder, director, officer, or employee of a developer and who has no legal
				or equitable interest in the land.
(24) Director," as defined by section
				644.016(5),
				RSMo
(25) "Discharge," as defined
				by section
				644.016(6),
				RSMo.
(26) "Domestic wastewater,"
				wastewater (i.e., human sewage) originating primarily from the sanitary
				conveniences of residences, commercial buildings, factories, and institutions,
				including any water which may have infiltrated the sewers. Domestic wastewater
				excludes stormwater, animal waste, process waste, and other similar
				waste.
(27) "Effluent," any
				wastewater or other substance flowing out of or released from a point source,
				water contaminant source, or waste- water treatment facility.
(28) "Effluent Control Regulations," as
				defined by section
				644.016(7),
				RSMo.
(29) "Effluent limitation
				segment," any segment of water where the water quality meets and will continue
				to meet water quality standards or where the water quality will meet water
				quality standards after the application of effluent limitation
				guidelines.
(30) "Engineer," as
				defined by section
				327.011(13),
				RSMo.
(31) "Environmental
				Protection Agency (EPA)," the United States Environmental Protection
				Agency.
(32) "Fertilizer," as
				defined by section
				266.291,
				RSMo.
(33) "Filing fee," a credit
				card, check, money order, or bank draft payable to the state of Missouri as
				filing fee for a construction permit, an operating permit, or a
				variance.
(34) "General permit," as
				defined by section
				644.016(8),
				RSMo.
(35) "General permit
				template," as defined by section
				644.016(9),
				RSMo.
(36) "Grab sample," any
				individual sample collected without compositing or adding other
				samples.
(37) "Human sewage," as
				defined in section
				644.016(10),
				RSMo.
(38) "Innovative technology,"
				new and generally unproven technology in the type or method of its application
				that bench testing or theory suggests has environmental, efficiency, and cost
				benefits beyond standard technologies.
(39) "Lagoon," an earthen basin or lined
				basin used for biological treatment of wastewater, usually designed for
				biochemical oxygen demand (BOD) removal and settling of solids. Lagoons can be
				designed as flow-through, controlled discharge, no-discharge systems, or for
				storage.
(40) "Losing streams," a
				stream which distributes thirty percent (30%) or more of its flow during low
				flow conditions through natural processes. Losing streams are identified in the
				digital geospatial dataset 'LOSING_STREAM' developed by the Missouri Department
				of Natural Resources, Missouri Geological Survey; additional streams may be
				determined to be losing by the department.
(41) "Lot," any portion, piece, division,
				unit, or undivided interest in real estate, if the interest includes the right
				to the exclusive use of a specific portion of real estate, whether for a
				specific term or in perpetuity.
(42) "Minor Violation," as defined by section
				644.016(12),
				RSMo.
(43) "Missouri Clean Water
				Law," as defined by sections
				644.006 through
				644.141,
				RSMo.
(44) "Mobile container," a
				container designed and used for transporting agrichemicals that meet the United
				States Department of Transportation standards for the product being
				transported.
(45) "Monthly
				average," the total mass or concentration of all daily discharges sampled
				during a calendar month divided by the number of daily discharges sampled or
				measured during that month.
(46)
				"Municipality," an incorporated city, town, or village (including an
				intermunicipal agency of two (2) or more of the foregoing entities).
(47) "National Pollutant Discharge
				Elimination System (NPDES)," as defined in the Clean Water Act. See Clean Water
				Act, section (12) of this rule.
(A) NPDES
				permit. Any permit issued by either the EPA or the state of Missouri under
				authorization by EPA which fulfills the NPDES requirements as set forth in the
				Clean Water Act.
(B) NPDES
				application. Any application on a form supplied by the department, submitted
				for an NPDES permit.