North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-16 - Control, Prevention, and Abatement of Pollution of Surface Water › Chapter 33.1-16-02.1 - Standards of Quality for Waters of the State › Section 33.1-16-02.1-04 - Definitions

Current through Supplement No. 393, July, 2024
The terms used in this chapter have the same meaning as in
				  North Dakota Century Code chapter 61-28, except:
1. "Acute standard" means the one-hour
				average concentration does not exceed the listed concentration more than once
				every three years.
2. "Best
				management practices" are methods, measures, or procedures selected by the
				department to control nonpoint source pollution. Best management practices
				include structural and nonstructural measures and operation and maintenance
				procedures.
3. "Chronic standard"
				means the four-day average concentration does not exceed the listed
				concentration more than once every three years.
4. "Consecutive thirty-day average" is the
				average of samples taken during any consecutive thirty-day period. It is not a
				requirement for thirty consecutive daily samples.
5. "Department" means the department of
				environmental quality.
6. A
				standard defined as "dissolved" means the total quantity of a given material
				present in a filtered water sample, regardless of the form or nature of its
				occurrence.
7. "Eutrophication"
				means the process of enrichment of rivers, streams, lakes, reservoirs, and
				wetlands with nutrients needed to maintain primary production.
8. "Nutrients" mean the chemical elements,
				primarily nitrogen and phosphorus, which are critical to the growth of aquatic
				plants and animals.
9. "Pollution"
				means such contamination, or other alteration of the physical, chemical, or
				biological properties, of any waters of the state, including change in
				temperature, taste, color, turbidity, or odor. Pollution includes discharge of
				any liquid, gaseous, solid, radioactive, or other substance into any waters of
				the state that will or is likely to create a nuisance or render such waters
				harmful, detrimental, or injurious to public health, safety, or welfare;
				domestic, commercial, industrial, agricultural, recreational, or other
				legitimate beneficial uses; or livestock, wild animals, birds, fish, or other
				aquatic biota.
10. "Site-specific
				standards" mean water quality criteria developed to reflect local environmental
				conditions to protect the uses of a specific water body.
11. A standard defined as "total" means the
				entire quantity of a given material present in an unfiltered water sample
				regardless of the form or nature of its occurrence. This includes both
				dissolved and suspended forms of a substance, including the entire amount of
				the substance present as a constituent of the particulate material. Total
				recoverable is the quantity of a given material in an unfiltered aqueous sample
				following digestion by refluxing with hot dilute mineral acid.
12. "Water usage". The best usage for the
				waters shall be those uses determined to be the most consistent with present
				and potential uses in accordance with the economic and social development of
				the area. Present principal best uses are those defined in subdivisions a, b,
				c, d, and e. These are not to be construed to be the only possible usages.
a. Municipal and domestic water. Waters
				suitable for use as a source of water supply for drinking and culinary purposes
				after treatment to a level approved by the department.
b. Fish and aquatic biota. Waters suitable
				for the propagation and support of fish and other aquatic biota and waters that
				will not adversely affect wildlife in the area. Low flows or natural physical
				and chemical conditions in some waters may limit their value for fish
				propagation or aquatic biota.
c.
				Recreation. Primary recreational waters are suitable for recreation where
				direct body contact is involved, such as bathing and swimming, and where
				secondary recreational activities such as boating, fishing, and wading are
				involved. Natural high turbidities in some waters and physical characteristics
				of banks and streambeds of many streams are factors that limit their value for
				bathing.
d. Agricultural uses.
				Waters suitable for irrigation, stock watering, and other agricultural uses,
				but not suitable for use as a source of domestic supply for the farm unless
				satisfactory treatment is provided.
e. Industrial water. Waters suitable for
				industrial purposes, including food processing, after treatment. Treatment may
				include that necessary for prevention of boiler scale and corrosion.