South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:52 - Surface water discharge permits › Chapter 74:52:01 - General provisions › Section 74:52:01:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms not defined in this section have the meaning given by the Clean
	 Water Act (CWA). When a term defined in the CWA appears in a definition in this
	 section, the defined term is sometimes placed in quotation marks as an aid to
	 readers. The terms used in chapters 74:52:01 to 74:52:11, inclusive, are
	 defined as follows:
(1) "Act," chapter
  34A-2 of the South Dakota Codified Laws;
(2) "Administrator," the administrator of the
  United States Environmental Protection Agency or an authorized
  representative;
(3) "Applicable
  standards and limitations," all local, 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 the CWA;
(4) "Average monthly discharge limitation,"
  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;
(5) "Average weekly
  discharge limitation," 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;
(6) "Best
  management practices," "BMPs," schedules of activities, prohibitions of
  practices, maintenance procedures, and other management practices to prevent or
  reduce the discharge of pollutants to "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;
(7) "Biosolids,"
  any sewage sludge or material derived from sewage sludge that can be
  beneficially recycled for its plant nutrient content or soil amending
  characteristics, or both;
(8)
  "Board," Board of Water Management;
(9) "Bypass," the intentional diversion of
  waste streams from any portion of a treatment facility;
(10) "Class I sludge management facility," a
  POTW identified in chapter 74:52:11 as required to have an approved
  pretreatment program, including those with state-run programs;
(11) "Continuous discharge," a "discharge"
  which occurs without interruption throughout the operating hours of the
  facility, except for infrequent shutdowns for maintenance, process changes, or
  similar activities;
(12) "Clean
  Water Act," "CWA," (formerly referred to as the Federal Water Pollution Control
  Act or Federal Water Pollution Control Act Amendments of 1972) Pub. L. No.
  92-500, as amended by Pub. L. No. 95-576, Pub. L. No. 96-483, and Pub. L. No.
  97-117, 33 U.S.C. §
										1251 et seq.;
(13) "Daily discharge," the "discharge"
  measured during a calendar day or any 24-hour period that 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;
(14) "Department," the South Dakota
  Department of Environment and Natural Resources;
(15) "Discharge," an addition of any
  "pollutant" or combination of pollutants to "surface waters of the state" from
  any "point source";
(16) "Discharge
  monitoring report," "DMR," the form provided by the secretary for the reporting
  of self-monitoring results by SWD and PIU permittees;
(17) "Effluent limitations," restrictions
  imposed by a permit on quantities, discharge rates, and concentrations of
  "pollutants";
(18) "Effluent
  limitations guidelines," regulations published by the administrator under
  § 304(b) of the CWA to adopt or review "effluent limitations";
(19) "EPA," the United States Environmental
  Protection Agency;
(20) "Facility,"
  a SWD permit "point source" or any other facility or activity, including land
  or appurtenances, that is subject to SWD permit regulations;
(21) "General permit," a SWD permit issued by
  the secretary in accordance with SDCL 34A-2-112 under §
									74:52:02:46 authorizing a category
  of discharges within a geographical area;
(22) "Hazardous substance," a substance
  designated under 40 C.F.R. Part 116 (July 1, 2016), pursuant to § 311 of
  the CWA;
(23) "Incorporated place,"
  a municipality, township, or village that is incorporated under SDCL chapter
  9-3;
(24) "Indirect discharger," a
  nondomestic discharger introducing "pollutants" to a "publicly owned treatment
  works";
(25) "Large municipal
  separate storm sewer system," a municipal separate storm sewer system,
  designated by the administrator, located in an incorporated place which serves
  a population of 250,000 or more or that is located in one or more counties with
  unincorporated urbanized populations serving 250,000 or more. Population served
  is determined by the 1990 census by the Bureau of Census;
(26) "Major facility," a permittee classified
  as major by the administrator in conjunction with the secretary;
(27) "Medium municipal separate storm sewer
  system," a municipal separate storm sewer system, designated by the
  administrator, and located in an incorporated place which serves a population
  of greater than 100,000 but less than 250,000 or that is located in one or more
  counties with unincorporated urbanized populations serving more than 100,000
  but less than 250,000. Population served is determined by the 1990 census by
  the Bureau of Census;
(28)
  "Municipality," a city, town, county, district, sanitary district, or other
  public body created by or under state law with jurisdiction over the disposal
  of sewage, industrial wastes, or other wastes;
(29) "National pollutant discharge
  elimination system," "NPDES," the national program for issuing, modifying,
  revoking and reissuing, terminating, monitoring, and enforcing permits and
  imposing and enforcing pretreatment requirements under §§ 307, 318,
  402, and 405 of the CWA;
(30) "New
  source," a building, structure, facility, or installation from which there is
  or may be a "discharge" whose construction commenced after promulgation of
  standards of performance under § 306 of the CWA which are applicable to
  the source or after proposal of standards of performance in accordance with
  § 306 of the CWA which are applicable to the source, but only if the
  standards are promulgated in accordance with § 306 within 120 days after
  their proposal;
(31) "Owner or
  operator," a person who owns, leases, operates, controls, or supervises a
  "facility";
(32) "Permit," a
  written authorization issued by the "secretary" to implement the requirements
  of the permit regulations, Part 123 of the CWA, and the Act;
(33) "PIU permit," South Dakota pretreatment
  industrial user permit;
(34)
  "Privately owned treatment works," a device or system which is used to treat
  wastes from a facility whose operator is not the operator of the treatment
  works; is not a "POTW";
(35)
  "Process wastewater," water which, during manufacturing or processing, comes
  into direct contact with or results from the production or use of a raw
  material, intermediate product, finished product, by-product, or waste
  product;
(36) "Proposed permit," a
  document to be publicly noticed which is prepared under chapters 74:52:01 to
  74:52:11, inclusive, and indicates the secretary's decision to issue or deny,
  modify, revoke, terminate, or reissue a permit;
(37) "Schedule of compliance," a schedule of
  remedial measures included in a "permit," including an enforceable sequence of
  interim requirements leading to compliance with the CWA and regulations and the
  "Act";
(38) "Secretary," the
  secretary of the South Dakota Department of Environment and Natural Resources
  or an authorized representative;
(39) "Septage," the liquid and solid material
  pumped from a septic tank, cesspool, or similar domestic sewage treatment
  system or from a holding tank when the system is cleaned or
  maintained;
(40) "Severe property
  damage," 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;
(41)
  "Sewage sludge," any solid, semisolid, or liquid residue removed during the
  treatment of municipal wastewater or domestic sewage. Sewage sludge includes
  solids removed during primary, secondary, or advanced wastewater treatment,
  scum, septage, portable toilet pumpings, and sewage sludge products. Sewage
  sludge does not include grit, screenings, or ash generated during the
  incineration of sewage sludge;
(42)
  "Sewage sludge use or disposal practice," the collection, storage, treatment,
  transportation, processing, monitoring, use, or disposal of sewage
  sludge;
(43) "Site," the land or
  water area where a "facility" is physically located, including land used in
  connection with the facility;
(44)
  "Small municipal separate storm sewer system," separate storm sewer system that
  is: owned or operated by a federal, state, city, town, county, association,
  district, sanitary district, or other public body with jurisdiction over the
  disposal of sewage, industrial wastes, or other wastes; and is located in an
  incorporated place which serves a population of less than 100,000 or that is
  located in one or more counties with unincorporated urbanized populations
  serving less than 100,000. 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. Population served is determined by the 2000 census by the
  Bureau of Census;
(45) "Storm water
  discharge associated with industrial activity," storm water runoff, snow melt
  runoff, or surf ace runoff and drainage from industrial activities as defined
  in 40 C.F.R. §
										122.26 (July 1, 2016);
(46) "Storm water discharges associated with
  small construction activity," storm water runoff, snow melt runoff, or surface
  runoff and drainage from small construction activities as defined in
  40 C.F.R. §
										122.26 (July 1, 2016);
(47) "Surface waters of the state," lakes,
  ponds, streams, rivers, wetlands, and any other body or accumulation of water
  on the land surface that is considered to be waters of the state, but not waste
  treatment systems, including treatment ponds, lagoons, leachate collection
  ponds, or stormwater retention ponds designed to meet the requirements of the
  CWA;
(48) "SWD permit," South
  Dakota surface water discharge permit;
(49) "Toxic pollutant," any pollutant listed
  as toxic under § 307(a)(1) of the CWA or, in the case of sludge use or
  disposal practices, any pollutant identified in regulations implementing §
  405(d) of the CWA;
(50) "Treatment
  works treating domestic sewage," a POTW or any other sewage sludge or
  wastewater 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
  sewage sludge. This definition does not include septic tanks or similar
  devices. For purposes of this definition, "domestic sewage" includes waste and
  wastewater from humans or household operations that are discharged or otherwise
  enter a treatment works;
(51)
  "Upset" is an exceptional incident in which there is unintentional and
  temporary noncompliance with technology-based permit effluent limitations
  because of factors beyond the reasonable control of the permittee. An upset
  does not include noncompliance caused by operational error, improperly designed
  treatment facilities, inadequate treatment facilities, lack of preventive
  maintenance, or careless or improper operation. An upset constitutes an
  affirmative defense to an action brought for noncompliance with
  technology-based permit effluent limitations; and
(52) "Whole effluent toxicity," the aggregate
  toxic effect of an effluent as measured directly by a toxicity test.
General Authority:
SDCL
		34A-2-28,
		34A-2-93.
Law Implemented:
SDCL
		34A-2-36.
Collateral Reference:
Natural Resource Defense Council
		et al. v. Train, 8 E.R.C. 2120 (D.D.C. 1976), modified 12 E.R.C. 1883 (D.D.C.
		1979).
1990 Population Characteristics From PL 94-171 Files
,
		State Data Center, University of South Dakota, 414 E. Clark Street, Vermillion,
		South Dakota 57069-2390. The cost is
		$5.00.