Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 16 - WATER POLLUTION CONTROL › Section 28-16-28b - Definitions

Current through Register Vol. 43, No. 28, July 11,
			 2024
As used in K.A.R. 28-16-28b through
				28-16-28h,
				each of the following terms shall have the meaning specified in this
				regulation:
(a) "Alluvial aquifer"
			 means the sediment that is associated with and deposited by a stream and that
			 contains water capable of being produced from a well.
(b) "Alternate low flow" means a low flow
			 value, which is an alternate to the 7Q10 flow, that is based seasonally,
			 hydrologically, or biologically, or a low flow determined through a water
			 assurance district. Wherever used in this regulation in the context of mixing
			 zones, the term shall refer to a minimum amount of streamflow occurring
			 immediately upstream of a wastewater discharge and available, in whole or in
			 part, for dilution and assimilation of wastewater discharges.
(c) "Antidegradation" means the regulatory
			 actions and measures taken to prevent or minimize the lowering of water quality
			 in surface waters of the state, including those streams, lakes, and wetlands in
			 which existing water quality exceeds the level required for maintenance and
			 protection of the existing uses.
(d) "Artificial sources" means sources of
			 pollution that result from human activities and that can be abated by
			 construction of control structures, modification of operating practices,
			 complete restraint of activities, or any combination of these
			 methods.
(e) "Background
			 concentration" means the concentration of any elemental parameter listed in
			 tables 1a, 1b, 1c, and 1d of the "Kansas surface water quality standards:
			 tables of numeric criteria," which is adopted by reference in
			 K.A.R.
			 28-16-28e, or any elemental substance meeting
			 the definition of pollutant in this regulation, that occurs in a surface water
			 immediately upstream of a point source or nonpoint source under consideration
			 and is from natural sources. The list of background concentration
			 determinations for classified waterbodies of the state is contained in table 1h
			 of the "Kansas surface water quality standards: tables of numeric
			 criteria."
(f) "Base flow" means
			 that portion of a stream's flow contributed by sources of water other than
			 precipitation runoff. Wherever used in this regulation in the context of stream
			 classification, the term shall refer to a fair-weather flow sustained primarily
			 by springs or groundwater seepage, wastewater discharges, irrigation return
			 flows, releases from reservoirs, or any combination of these factors.
(g) "Bioaccumulation" means the accumulation
			 of toxic substances in plant or animal tissue through either bioconcentration
			 or biomagnification.
(h)
			 "Bioassessment methods and procedures" means the use of biological methods of
			 assessing surface water quality, including field investigations of aquatic
			 organisms and laboratory or field aquatic toxicity tests.
(i) "Bioconcentration" means the
			 concentration and incorporation of toxic substances into body tissues from
			 ambient sources.
(j)
			 "Biomagnification" means the transport of toxic substances through the food
			 chain through successive cycles of eating and being eaten and through the
			 subsequent accumulation and concentration of these substances in higher-order
			 consumers and predators.
(k)
			 "Biota" means the animal and plant life and other organisms of a given
			 geographical region.
(l)
			 "Carcinogenic" means having the property of inducing the production of
			 cancerous cells in organisms.
(m)
			 "Classified surface water" means any surface water or surface water segment
			 that supports or, in the absence of artificial sources of pollution, would
			 support one or more of the designated uses of surface water defined in
			 K.A.R.
			 28-16-28d or
			 K.S.A.
			 82a-2001, and amendments thereto, and that
			 meets the criteria for classification in
			 K.A.R.
			 28-16-28d.
(n) "Compliance schedule" means any provision
			 in a discharge permit, license, or enforceable order issued by the department
			 pursuant to the federal clean water act or
			 K.S.A.
			 65-165 et seq., and amendments thereto, that,
			 for the purposes of meeting water quality-based effluent limitations,
			 technology-based limits, and effluent limitations determined by the secretary
			 or specified in Kansas statutes and regulations, provides a specified period of
			 time for the construction or renovation of a wastewater treatment facility and
			 the completion of any related scientific or engineering studies, reports,
			 plans, design specifications, or other submittals required by the
			 department.
(o) "Condition of acute
			 toxicity" means any concentration of a toxic substance that exceeds the
			 applicable acute criterion for aquatic life support specified in
			 K.A.R.
			 28-16-28e or, for substances not listed in
			 K.A.R.
			 28-16-28e or for mixtures of toxic
			 substances, any concentration that exceeds 0.3 acute toxic units (TUa), where
			 one TUa is equal to 100 divided by the median lethal concentration (LC50 ). The
			 concentration at which acute toxicity exists shall be determined through
			 laboratory toxicity tests conducted in accordance with the EPA's "methods for
			 measuring the acute toxicity of effluents and receiving waters to freshwater
			 and marine organisms."
(p)
			 "Condition of chronic toxicity" means any concentration of a toxic substance
			 that exceeds the applicable chronic criterion for aquatic life support
			 specified in
			 K.A.R.
			 28-16-28e or, for substances not listed in
			 K.A.R.
			 28-16-28e or for mixtures of toxic
			 substances, any concentration that exceeds 1.0 chronic toxic unit (TUc), where
			 one TUc is equal to 100 divided by inhibition concentration 25 (IC25 ). The
			 concentration at which chronic toxicity exists shall be determined through
			 laboratory toxicity tests conducted in accordance with the EPA's "short-term
			 methods for estimating the chronic toxicity of effluents and receiving waters
			 to freshwater organisms."
(q)
			 "Criterion" means any numerical element or narrative provision that represents
			 an enforceable water quality condition specified in K.A.R. 28-16-28b through
			 28-16-28h.
(r) "Critical low flow" means the minimum
			 amount of streamflow immediately upstream of a point source discharge that will
			 be used to calculate the quantity of pollutants that the point source discharge
			 may be permitted to discharge without exceeding water quality criteria
			 specified in K.A.R. 28-16-28b through
			 28-16-28h.
			 The critical low flow may be the 7Q10 flow or the alternate low flow as defined
			 in this regulation.
(s)
			 "Department" means Kansas department of health and environment.
(t) "Designated use" means any of the uses
			 specifically attributed to surface waters of the state in
			 K.A.R.
			 28-16-28d or
			 K.S.A.
			 82a-2001, and amendments thereto.
(u) "Digression" means an actual ambient
			 concentration of a pollutant that does not meet the numeric criteria value for
			 that pollutant.
(v) "Discharge"
			 means the release of effluent, either directly or indirectly, into surface
			 waters of the state.
(w) "Discharge
			 design flow" means either of the following:
(1) The anticipated wastewater flow for the
			 next permit cycle determined by the department for an industrial wastewater
			 treatment facility, as defined in
			 K.A.R.
			 28-16-56c; or
(2) the wastewater treatment capacity of a
			 facility approved by the secretary for other wastewater treatment facilities or
			 systems.