Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IV - Wastewater Treatment and Disposal › Chapter 60 - Scope of Title-definitions-forms-rules of Practice › Rule 567-60.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
The following definitions apply to this title, unless
				  otherwise specified in the particular chapter of this title:
"Act"
means the Federal Water Pollution
				  Control Act as amended through July 1, 2021,
				  33 U.S.C. §
										1251 et seq.
"Acute toxicity"
means that level of
				  pollutants which would rapidly induce a severe and unacceptable impact on
				  organisms.
"Application for a construction permit"
means the engineering report, plans and specifications and other data deemed
				  necessary by the department for the construction of a proposed wastewater
				  disposal system or part thereof.
"Application for an operation permit"
means
				  a written application for an operation or NPDES permit made on forms provided
				  by the department.
"Approved pretreatment program"
means a
				  program administered by a publicly owned treatment works that meets the
				  criteria established in 40 CFR Part 403 and which has been approved by the
				  director.
"Aquatic pesticide"
means any pesticide, as
				  defined in Iowa Code section
				  206.2, that is
				  labeled for application to surface water.
"ASTM"
means "Annual Book of Standards, Part
				  31, Water." The publication is available from the American Society for Testing
				  and Materials, 1916 Race St., Philadelphia, Pennsylvania 19103.
"Average dry weather flow"
or
"ADW"
means the daily average flow when the groundwater is at
				  or near normal and runoff is not occurring.
"Average wet weather flow"
or
"AWW"
means the daily average flow for the wettest 30
				  consecutive days for mechanical plants or for the wettest 180 consecutive days
				  for controlled discharge lagoons.
"Best management practice (BMP)"
means a
				  practice or combination of practices that is determined, after problem
				  assessment, examination of alternative practices, and appropriate public
				  participation, to be the most effective, practicable (including technological,
				  economic and institutional considerations) means of preventing or reducing the
				  amount of pollution generated by nonpoint sources to a level compatible with
				  water quality goals.
"Biochemical oxygen demand (five-day)"
means
				  the amount of oxygen consumed in the biological processes that break down
				  organic matter in water by aerobic biochemical action in five days at
				  20°C.
"Bypass"
means the diversion of waste
				  streams from any portion of a treatment facility or collection system. A bypass
				  does not include internal operational waste stream diversions that are part of
				  the design of the treatment facility, maintenance diversions where redundancy
				  is provided, diversions of wastewater from one point in a collection system to
				  another point in a collection system, or wastewater backups into buildings that
				  are caused in the building lateral or private sewer line.
"Carbonaceous biochemical oxygen demand
				  (five-day)"
means the amount of oxygen consumed in the biological
				  processes that break down carbonaceous organic matter in water by aerobic
				  biochemical action in five days at 20°C.
"CFR"
or
"Code of Federal
				  Regulations"
means the federal administrative rules adopted by the
				  United States in effect as of July 1, 2021. The amendment of the date contained
				  in this definition shall constitute the amendment of all CFR references
				  contained in 567-Chapters 60 to 69, Title IV, unless a date of adoption is set
				  forth in a specific rule.
"Chronic toxicity"
means that level of
				  pollutants which would, over long durations or recurring exposure, cause a
				  continuous, adverse or unacceptable response in organisms.
"Combined sewer overflow"
means the
				  discharge from a combined sewer system at a point prior to the treatment
				  works.
"Combined sewer system"
means a wastewater
				  collection system owned by a municipality which conveys sanitary wastewater
				  (domestic, commercial, and industrial) and storm water through a single pipe
				  system to the treatment plant.
"Construction permit"
means a written
				  approval from the director to construct a wastewater disposal system or part
				  thereof in accordance with the plans and specifications approved by the
				  department.
"Continuing planning process (CPP)"
means
				  the continuing planning process, including any revision thereto, required by
				  Sections 208 and 303(e) of the Act (
				  33 U.S.C. §§
										1288 and
				  1313(e)
				 ) for state water pollution control agencies. The continuing planning process
				  is a time-phased process by which the department, working cooperatively with
				  designated areawide planning agencies:
a. Develops a water quality management decision-making
				  process involving elected officials of state and local units of government and
				  representatives of state and local executive departments that conduct
				  activities related to water quality management.
b. Establishes an intergovernmental process which provides
				  for water quality management decisions to be made on an areawide or local basis
				  and for the incorporation of such decisions into a comprehensive and cohesive
				  statewide program. Through this process, state regulatory programs and
				  activities will be incorporated into the areawide water quality management
				  decision process.
c. Develops a broad-based public participation (such as
				  utilization of such mechanisms as basin advisory committees composed of local
				  elected officials, representatives of areawide planning agencies, the public at
				  large, and conservancy district committees) aimed at both informing and
				  involving the public in the water quality management program.
d. Prepares and implements water quality management plans,
				  which identify water quality goals and established state water quality
				  standards, defines specific programs, priorities and targets for preventing and
				  controlling water pollution in individual approved planning areas and
				  establishes policies which guide decision making over at least a 20-year span
				  of time (in increments of 5 years).
e. Based on the results of the statewide (state and areawide)
				  planning process, develops the state strategy to be updated annually, which
				  sets the state's major objectives, approach, and priorities for preventing and
				  controlling pollution over a five-year period.
f. Translates the state strategy into the annual state
				  program plan (required under Section 106 of the federal Act), which establishes
				  the program objectives, identifies the resources committed for the state
				  program each year, and provides a mechanism for reporting progress toward
				  achievement of program objectives.
g. Periodically reviews and revises water quality standards
				  as required under Section 303(c) of the federal Act.
"Crossover point"
means that location in a
				  river or stream in which the flow shifts from being principally along one bank
				  to the opposite bank. This crossover point usually occurs within two curves or
				  an S-shaped curve of a water course.
"Culture water"
means reconstituted water or
				  other acceptable water used for culturing test organisms.
"Deep well"
means a well located and
				  constructed in such a manner that there is a continuous layer of low
				  permeability soil or rock at least 5 feet thick located at least 25 feet below
				  the normal ground surface and above the aquifer from which water is to be
				  drawn.
"Diluted effluent sample"
means a sample of
				  effluent diluted with culture water at the same ratio as the dry weather design
				  flow to the applicable receiving stream flow contained in the zone of initial
				  dilution as allowed in 567-subrule 61.2(4), regulatory mixing zones, including
				  paragraphs
"b," "c"
and
"d."
"Dilution ratio"
means, for a specific
				  wastewater discharger, the ratio of the seven-day, ten-year low stream flow to
				  the effluent design flow, e.g., a dilution ratio of 2:1 has two parts stream
				  flow to one part effluent flow.
"Discharge of a pollutant"
means any
				  addition of any pollutant or combination of pollutants to navigable waters or
				  waters of the state from any point source. "Discharge of a pollutant" includes
				  additions of pollutants into navigable waters or waters of the state from
				  surface runoff which is collected or channeled by human activity; discharges
				  through pipes, sewers, or other conveyances owned by a state, municipality, or
				  other person which do not lead to a treatment works; and discharges through
				  pipes, sewers, or other conveyances, leading into privately owned treatment
				  works. "Discharge of a pollutant" does not include an addition of pollutants by
				  any indirect discharger.
"Disposal system"
means a system for
				  disposing of sewage, industrial waste, or other wastes, or for the use or
				  disposal of sewage sludge. "Disposal system" includes sewer systems, treatment
				  works, point sources, dispersal systems, and any systems designed for the usage
				  or disposal of sewage sludge.
"Effluent toxicity test"
means a test to
				  determine the toxicity of a chemical or chemicals contained in a wastewater
				  discharge on living organisms in a static 48-hour exposure under laboratory
				  conditions.
"Excessive infiltration/inflow (I/I)"
as
				  referred to in the discussion of secondary treatment is the quantity of I/I
				  which is more economical to remove from the sewer system than to transport and
				  treat at a wastewater facility. Within the cost-effectiveness analysis
				  performed to determine excessive I/I, the transportation and treatment costs
				  will be based on the percent removal requirements specified in the appropriate
				  subrule, 567-subrule 62.3(1) or 62.3(3).
"Fecal coliform"
means the portion of the
				  coliform group which is present in the gut or the feces of warm-blooded
				  animals. It includes organisms which are capable of producing gas from lactose
				  broth in a suitable culture medium within 24 hours at 44.5 + / -
				  0.2°C.
"FR"
means the Federal Register, published
				  daily by the Office of the Federal Register, National Archives and Record
				  Service, General Services Administration, Washington, D.C. 20408 and
				  distributed by the Superintendent of Documents, U.S. Government Printing
				  Office, Washington, D.C. 20402.
"General permit"
means an NPDES permit
				  issued to a class of facilities which could be conditioned and described by a
				  single permit.
"Human health criteria"
means that level of
				  pollution which, in the case of noncarcinogens, prevents adverse health effects
				  in humans, and in the case of carcinogens, represents a level of incremental
				  cancer risk of 1 in 100,000. The numerical criteria are based on the human
				  consumption of an average of 6.5 grams of fish and shellfish per day by a
				  70-kilogram individual for a life span of 70 years.
"Indirect discharger"
means a non-domestic
				  discharger introducing pollutants to a publicly owned treatment works.
"Individual non-storm water permit"
means a
				  site-specific NPDES or operation permit that is not an individual storm water
				  permit and that authorizes discharges of sewage, industrial waste, or other
				  waste and allowable discharges of storm water associated with industrial
				  activity, as specifically noted in the permit.
"Individual storm water permit"
means an
				  individual site-specific NPDES permit that authorizes discharges composed
				  entirely of storm water associated with industrial activity or construction
				  activity and other allowable non-storm water discharges as specifically noted
				  in the permit.
"Industrial waste"
means any liquid,
				  gaseous, radioactive, or solid waste substance resulting from any process of
				  industry, manufacturing, trade, or business, or from the development of any
				  natural resource.
"Interference"
means a discharge which,
				  alone or in conjunction with a discharge or discharges from other sources,
				  both:
1. Inhibits or disrupts a POTW, its treatment process or
				  operations, or its sludge processes, use or disposal; and
2. Is a cause of a violation of any requirement of a POTW
				  NPDES permit including an increase in the magnitude or duration of a violation
				  or the prevention of sewage sludge use or disposal.
"Intermittent watercourses"
means
				  watercourses which contain flow associated with rainfall/runoff events and
				  which periodically go dry even in pooled areas.
"Local public works department"
means a city
				  or county public works department, a board of trustees of a city utility
				  organized pursuant to Iowa Code chapter 388, or a sanitary sewer district
				  organized pursuant to Iowa Code chapter 358.
"Losing streams"
means streams which lose 30
				  percent or more of their flow during the seven-day, ten-year low stream flow
				  periods to cracks and crevices of rock formations, sand and gravel deposits, or
				  sinkholes in the streambed.
"Low permeability"
means a soil layer of
				  well-sorted, fine grain-sized sediments or of rock that under normal
				  hydrostatic pressures would not be significantly permeable. Low permeability
				  soils may include homogeneous clays below the zone of weathering, mudstone,
				  claystone, shale, and some glacial till.
"Major,"
for municipalities, means a
				  facility having an average wet weather design flow of 1.0 million gallons per
				  day (MGD) or greater. For industries "major" means a facility which is
				  designated by EPA as being a major industry based on the EPA point rating
				  system.
"Major permit amendment"
or
"major
				  modification"
means a permit modification that is not a minor permit
				  amendment as defined in this rule.
"Maximum wet weather flow"
or
"MWW"
means the total maximum flow received during any 24-hour
				  period when the groundwater is high and runoff is occurring.
"Milligrams per liter (mg/l)"
means
				  milligrams of solute per liter of solution (equivalent to parts per
				  million-assuming unit density). A microgram (ug) is 1/1000 of a
				  milligram.
"Minimum flow"
means that established stream
				  flow in lieu of the seven-day, ten-year low stream flow to which the provisions
				  of 567-Chapter 61 apply.
"Minor"
means all remaining municipal and
				  industrial facilities which have wastewater discharge flows and which are not
				  designated as major facilities.
"Minor permit amendment"
or
"minor
				  modification"
means a permit modification made with the consent of the
				  permittee that occurs as a result of any of the following:
1. Correction of a typographical error;
2. Modification of the monitoring and reporting requirements
				  in the permit to include more frequent monitoring or reporting;
3. Revision of an interim date in a compliance schedule,
				  provided that the new date is not more than 120 days after the date specified
				  in the permit and does not interfere with the attainment of the final
				  compliance date;
4. Change in facility name or ownership;
5. Deletion of a point source outfall that does not result in
				  the discharge of pollutants from other outfalls; or
6. Incorporation of an approved local pretreatment program.
"Mixing zone"
means a delineated portion of
				  a stream or river in which wastewater discharges will be allowed to combine and
				  disperse into the water body. The chronic criteria of 567-subrule 61.3(3) will
				  apply at the boundary of this zone.
"Mortality"
means, for the purpose of the
				  48-hour acute toxicity test, death, immobilization, or serious incapacitation
				  of the test organisms.
"Navigable water"
means a water of the
				  United States as defined in 40 CFR Part 122.2 .
"Nephelometric"
means the nephelometric
				  method of determining turbidity as stated in Standard Methods, pp.
				  132-134.
"New discharger"
means any building,
				  structure, facility, or installation:
1. From which there is or may be a "discharge of
				  pollutants";
2. That did not commence the "discharge of pollutants" at a
				  particular "site" prior to August 13, 1979;
3. Which is not a "new source"; and
4. 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 United States" 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 of
				  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 to a navigable water, the construction of which commenced after the
				  promulgation of standards of performance under Section 306 of the Act which are
				  applicable to such source, provided that:
1. The building, structure, facility or installation is
				  constructed at a site at which no other source is located; the building,
				  structure, facility or installation totally replaces the process or production
				  equipment that causes the discharge of pollutants at an existing source; or the
				  production or wastewater generating processes of the building, structure,
				  facility or installation are substantially independent of an existing source at
				  the same site. In determining whether these are substantially independent,
				  factors, such as the extent to which the new facility is integrated with the
				  existing plant and the extent to which the new facility is engaged in the same
				  general type of activity as the existing source, should be considered.
2. Construction on a site at which an existing source is
				  located results in a modification rather than a new source if the construction
				  does not create a new building, structure, facility or installation meeting the
				  criteria of paragraph "1" but otherwise alters, replaces, or adds to existing
				  process or production equipment.
3. Construction of a new source as defined pursuant to this
				  rule has commenced if the owner or operator has:
* Begun, or caused to begin, as part of a continuous on-site
				  construction program, any placement, assembly, or installation of facilities or
				  equipment; or significant site preparation work including clearing, excavation,
				  or removal of existing buildings, structures, or facilities which is necessary
				  for the placement, assembly, or installation of new source facilities or
				  equipment; or
* Entered into a binding contractual obligation for the
				  purchase of facilities or equipment which is intended to be used in the
				  operation of the new source 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 under this definition.
"Nonpoint source"
means a source of
				  pollutants that is not a point source.
"NPDES permit"
means an operation permit,
				  issued after the department has obtained approval of its National Pollutant
				  Discharge Elimination System (NPDES) program from the administrator, that
				  authorizes the discharge of any pollutant into a navigable water.
"Operation permit"
means a written permit by
				  the director authorizing the operation of a wastewater disposal system or part
				  thereof or discharge source and, if applicable, the discharge of wastes from
				  the disposal system or part thereof or discharge source to waters of the state.
				  An NPDES permit will constitute the operation permit in cases where there is a
				  discharge to a water of the United States and an NPDES permit is required by
				  the Act.
"Other waste"
means heat, garbage, municipal
				  refuse, lime, sand, ashes, offal, oil, tar, chemicals, and all other wastes
				  which are not sewage or industrial waste.
"Pass through"
means a discharge which,
				  alone or in conjunction with a discharge or discharges entering the treatment
				  facility from other sources, exits a POTW or semipublic sewage disposal system
				  in quantities or concentrations which cause a violation of any requirement of
				  the treatment facility's NPDES permit including an increase in the magnitude or
				  duration of a violation.
"Pathogen"
means any microorganism or virus
				  that can cause disease.
"Permit rationale"
means a document that
				  sets forth the principal facts and the significant factual, legal,
				  methodological, and policy questions considered in preparing a draft operation
				  or NPDES permit.
"Pesticide"
shall have the definition as
				  stated in Iowa Code section
				  206.2.
"pH"
means the hydrogen ion activity of a
				  solution expressed as the logarithm of the reciprocal of the hydrogen ion
				  activity in moles per liter at 25°C. pH is a measure of the relative
				  acidity or alkalinity of the solution. The range extends from 0 to 14; 7 being
				  neutral, 0 to 7 being acidic, and 7 to 14 being alkaline.
"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
				  agricultural storm water discharges and return flows from irrigated
				  agriculture.
"Pollutant"
means sewage, industrial waste,
				  or other waste.
"Population equivalent"
means the calculated
				  number of people who would contribute an equivalent amount of biochemical
				  oxygen demand (BOD) per day as the system in question, assuming that each
				  person contributes 0.167 pounds of five-day, 20 degrees Celsius, BOD per
				  day.
"Positive toxicity test result"
means a
				  statistical significant difference of mortality rate between the control and
				  the diluted effluent test.
"POTW"
or
"publicly owned treatment
				  works"
means any device or system used in the treatment of municipal
				  sewage or industrial wastes of a liquid nature which is owned by a municipal
				  corporation or other public body created by or under Iowa law and having
				  jurisdiction over disposal of sewage, industrial wastes or other wastes, or a
				  designated and approved management agency under Section 208 of the Act.
"Pretreatment"
means the reduction of the
				  amount of pollutants, the elimination of pollutants, or the alteration of the
				  nature of pollutant properties in wastewater prior to or in lieu of discharging
				  or otherwise introducing such pollutants into a POTW. The reduction or
				  alteration may be obtained by physical, chemical, or biological processes, by
				  process changes, or by other means, except as prohibited in
				  40 CFR
				  403.6(d).
"Pretreatment requirements"
means any
				  substantive or procedural requirement related to pretreatment, other than a
				  national pretreatment standard, imposed on an industrial user.
"Pretreatment standard"
or
"national
				  pretreatment standard"
means any regulation containing pollutant
				  discharge limits promulgated by EPA in accordance with Section 307(b) and (c)
				  of the Act, which applies to industrial users. "Pretreatment standard" includes
				  prohibitive discharge limits established pursuant to
				  40 CFR
				  403.5.
"Primary contact"
means any recreational or
				  other water use in which there is direct human contact with the water involving
				  considerable risk of ingestion of water or contact with sensitive body organs
				  such as the eyes, ears and nose, in quantities sufficient to pose a significant
				  health hazard.
"Private sewage disposal system"
means a
				  system which provides for the treatment or disposal of domestic sewage from
				  four or fewer dwelling units or the equivalent of less than 16 individuals on a
				  continuing basis, including domestic waste, whether residential or
				  nonresidential, but not including industrial waste of any flow rate except as
				  provided for in 567-68.11 (455B). "Private
				  sewage disposal system" includes, but is not limited to, septic tanks, holding
				  tanks for waste, chemical toilets, impervious vault toilets and portable
				  toilets.
"Qualified volunteer"
means a person or
				  group of people acting on their own behalf, and not for a government agency or
				  under contract with the department, to produce water quality monitoring data in
				  accordance with a department-approved volunteer monitoring plan. Qualified
				  volunteers must have the training and experience to ensure quality assurance
				  and quality control for the data being produced, or be under the direct
				  supervision of a person having such qualifications. A person or persons
				  identified as participants in a department-approved volunteer monitoring plan
				  will be considered qualified volunteers.
"Records of operation"
means department of
				  natural resources report forms or such other report forms, letters or documents
				  which may be acceptable to the department that are designed to indicate
				  specific physical, chemical, or biological values for wastewater during a
				  stated period of time.
"Regional administrator"
means the regional
				  administrator of the United States Environmental Protection Agency, Region VII,
				  11201 Renner Blvd., Lenexa, Kansas 66219, or the authorized representative of
				  the regional administrator.
"Secondary contact"
means any recreational
				  or other water use in which contact with the water is either incidental or
				  accidental and in which the probability of ingesting appreciable quantities of
				  water is minimal, such as fishing, commercial and recreational boating and any
				  limited contact incidental to shoreline activity. This would include users who
				  do not swim or float in the water body while on a boating activity.
"Semipublic sewage disposal system"
means a
				  system for the treatment or disposal of domestic sewage which is not a private
				  sewage disposal system and which is not owned by a city, a sanitary sewer
				  district, or a designated and approved management agency under Section 208 of
				  the Act (
				  33 U.S.C.
				  1288) .
"Seven-day average"
means the arithmetic
				  mean of pollutant parameter values for samples collected in a period of seven
				  consecutive days.
"Seven-day, ten-year low stream flow"
means
				  the lowest average stream flow which would statistically occur for seven
				  consecutive days once every ten years.
"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.
"Sewage"
means the water-carried waste
				  products from residences, public buildings, institutions, or other buildings,
				  including the bodily discharges from human beings or animals together with such
				  groundwater infiltration and surface water as may be present.
"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 Section
				  312 of the Act.
"Shallow well"
means a well located and
				  constructed in such manner that there is not a continuous layer of low
				  permeability soil or rock (or equivalent retarding mechanism acceptable to the
				  department) at least 5 feet thick, the top of which is located at least 25 feet
				  below the normal ground surface and above the aquifer from which water is to be
				  drawn.
"Significant industrial user"
means an
				  industrial user of a POTW that meets any one of the following
				  conditions:
1. Discharges an average of 25,000 gallons per day or more of
				  process wastewater excluding sanitary, noncontact cooling and boiler blowdown
				  wastewater;
2. Contributes a process waste stream which makes up 5
				  percent or more of the average dry weather hydraulic or organic capacity of the
				  POTW;
3. Is subject to Categorical Pretreatment Standards under
				  40 CFR
				  403.6 and 40 CFR Chapter I, Subchapter N;
				  or
4. Is designated by the department as a significant
				  industrial user on the basis that the contributing industry, either singly or
				  in combination with other contributing industries, has a reasonable potential
				  for adversely affecting the operation of or effluent quality from the POTW or
				  for violating any pretreatment standards or requirements.
Upon a finding that an industrial user meeting the criteria
				  in paragraph "1" or "2" of this definition has no reasonable potential for
				  adversely affecting the operation of the POTW or for violating any pretreatment
				  standard or requirement, the department may, at any time on its own initiative
				  or in response to a request received from an industrial user or POTW, determine
				  that an industrial user is not a significant industrial user.
"Significantly more stringent limitation"
relates to secondary treatment CBOD5and SS limitations
				  necessary to meet the percent removal requirements of at least 5 mg/l more
				  stringent than the otherwise applicable concentration-based limitations (i.e.,
				  less than 20 mg/l in the case of CBOD5), or the percent
				  removal limitations in 567-subrules 62.3(1) and 62.3(3), if such limits would,
				  by themselves, force significant construction or other significant capital
				  expenditure.
"Sinkhole"
means any depression caused by
				  the dissolution or collapse of subterranean materials in a carbonate formation
				  or in gypsum or rock salt deposits through which water may be drained or lost
				  to the local groundwater system. Such depressions may or may not be open to the
				  surface at times. Intermittently, sinkholes may hold water forming a
				  pond.
"Small municipal separate storm sewer
				  system"
means all separate storm sewer systems that are owned or
				  operated by the United States, the state of Iowa or a city, town, county,
				  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 a designated and approved management agency under Section 208 of the Clean
				  Water Act that discharges to waters of the United States or of the state of
				  Iowa, and that have a population of less than 100,000 as determined by the 1990
				  census. 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.
"Storm water"
means storm water runoff, snow
				  melt runoff and surface runoff and drainage. (NOTE: Agricultural storm water
				  runoff is excluded by federal regulation
				  40
				  CFR 122.3(e).)
"Storm water discharge associated with industrial
				  activity"
means the discharge from any conveyance which is used for
				  collecting and conveying storm water 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 NPDES program under 40 CFR Part 122 . For the categories of
				  industries identified in paragraphs "1" to "10" of this definition, 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 wastewaters (as defined at 40 CFR Part
				  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 categories of industries identified in paragraphs "1"
				  to "9" and "11," the term includes only storm water discharges from all the
				  areas (except access roads and rail lines) that are listed in the previous
				  sentence where material handling equipment or activities, raw materials,
				  intermediate products, final products, waste materials, by-products, or
				  industrial machinery 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. To qualify for this
				  exclusion, a storm-resistant shelter is not required for: drums, barrels, tanks
				  and similar containers that are tightly sealed with bands or otherwise secured
				  and have no taps or valves, are not deteriorated and do not leak; adequately
				  maintained vehicles used in material handling; and final products other than
				  products that would be mobilized in storm water discharge. 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 paragraphs "1" to "11" of this
				  definition include those facilities designated under
				  40
				  CFR 122.26(a)(1)(v). The
				  following categories of facilities are considered to be engaging in "industrial
				  activity" for purposes of this definition:
1. Facilities subject to storm water effluent limitations
				  guidelines, new source performance standards, or toxic pollutant effluent
				  standards under 40 CFR Subchapter N (except facilities with toxic pollutant
				  effluent standards which are exempted under paragraph "11" of this
				  definition);
2. Facilities classified as Standard Industrial
				  Classifications 24 (except 2434), 26 (except 265 and 267), 28 (except 283 and
				  285), 29, 311, 32 (except 323), 33, 3441, 373;
3. Facilities classified as Standard Industrial
				  Classifications 10 through 14 (mineral industry) including active or inactive
				  mining operations (except for areas of coal mining operations meeting the
				  definition of a reclamation area under
				  40 CFR
				  434.11(1))  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, by-products
				  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);
4. Hazardous waste treatment, storage, or disposal
				  facilities, including those that are operating under interim status or a permit
				  under Subtitle C of RCRA;
5. Landfills, land application sites, and open dumps that
				  have received any industrial wastes (waste that is received from any of the
				  facilities described under this definition) including those that are subject to
				  regulation under Subtitle D of RCRA;
6. Facilities involved in the recycling of materials,
				  including metal scrap yards, battery reclaimers, salvage yards, and automobile
				  junkyards, including, but not limited to, those classified as Standard
				  Industrial Classifications 5015 and 5093;
7. Steam electric power generating facilities, including coal
				  handling sites;
8. Transportation facilities classified as Standard
				  Industrial Classifications 40, 41, 42 (except 4221-4225), 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 paragraphs
				  "1" to "7" or "9" or "11" of this definition are associated with industrial
				  activity;
9. 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 CFR Part 403 . Not
				  included are farmlands, 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 40 CFR Part
				  503;
10. Construction activity including clearing, grading and
				  excavation activities except operations that result in the disturbance of less
				  than 5 acres of total land area which is not part of a larger common plan of
				  development or sale. Effective March 10, 2003, construction activity including
				  clearing, grading and excavation activities except operations that result in
				  the disturbance of less than 1 acre of total land area which is not part of a
				  larger common plan of development or sale;
11. 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, 4221-4225 (and which are not
				  otherwise included within paragraphs "2" to "10").
"Storm water discharge associated with small
				  construction activity"
means the discharge of storm water from:
1. Construction activities including clearing, grading, and
				  excavating that result in land disturbance of equal to or greater than 1 acre
				  and less than 5 acres. Small construction activity also includes the
				  disturbance of less than 1 acre of total land area that is part of a larger
				  common plan of development or sale if the larger common plan will ultimately
				  disturb an area equal to or greater than 1 acre and less than 5 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.
2. Any other construction activity designated by the director
				  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.
"Storm water point sources"
means point
				  sources that serve to collect, channel, direct, and convey storm water and
				  which are subject to Section 402(p) of the federal Clean Water Act and 40 CFR
				  Parts 122, 123, and 124.
"Temperature"
means a measure of the heat
				  content of water.
"Thirty-day average"
means the arithmetic
				  mean of pollutant parameter values of samples collected in a period of 30
				  consecutive days.
"Toxicity reduction evaluation (TRE)
				  program"
means a step-wise process, similar to that found in EPA
				  Document/600/2-88/062, which combines effluent toxicity tests and analysis of
				  the chemical characteristics of the effluent to determine the cause of the
				  effluent toxicity or the treatment methods which will reduce the effluent
				  toxicity, or both.
"Turbidity"
is a measure of the optical
				  property of the particles of mud, clay, silt, finely divided organic matter, or
				  microscopic organisms suspended in water that interfere with light
				  transmission, causing the light to be scattered and absorbed rather than
				  transmitted through the water in straight lines.
"Uncontrolled sanitary landfill"
means a
				  landfill or open dump, whether in operation or closed, that does not meet the
				  requirements for run on or runoff controls established pursuant to subtitle D
				  of the Solid Waste Disposal Act.
"Valid effluent toxicity test"
means the
				  mortality in the control test is not greater than 10 percent and all test
				  conditions contained in 567-subrule 63.4(2)
"b"
"Standard
				  Operating Procedure: Effluent Toxicity Testing, Iowa Department of Natural
				  Resources" are met.
"Water contact recreational canoeing"
means
				  the type of activities associated with canoeing outings in which primary
				  contact with the water does occur. This would include users who swim or float
				  in the water body while on a canoeing outing.
"Water of the state"
means any stream, lake,
				  pond, marsh, watercourse, waterway, well, spring, reservoir, aquifer,
				  irrigation system, drainage system, and any other body or accumulation of
				  water, surface or underground, natural or artificial, public or private, which
				  are contained within, flow through or border upon the state or any portion
				  thereof.
"Water quality requirement"
means the same
				  as defined in
				  40
				  CFR §
										121.1(n).
"Zone of initial dilution"
means a
				  delineated portion of a mixing zone in which wastewater discharges will be
				  allowed to rapidly combine and begin dispersing into the water body. The acute
				  criteria of 567-subrule 61.3(3) will apply at the boundary of this zone.