South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-9 - Water Pollution Control Permits › Subchapter 61-9.122 - THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM › Part A - DEFINITIONS AND GENERAL PROGRAM REQUIREMENTS › Section 61-9.122.A.2 - Definitions

Current through Register Vol. 48, No. 6, June 28, 2024
(a) The following
				  definitions apply to this regulation, R.61-9.124, R.61-9.125, R.61-9.129,
				  R.61-9.133, and R.61-9.403. Terms not defined in this section have the meaning
				  given by the Clean Water Act (CWA) or the Pollution Control Act
				  (PCA).
(b) Definitions:
"Administrator" means the Administrator of the
					 Environmental Protection Agency or any employee of the Agency to whom the
					 Administrator may by order delegate the authority to carry out his functions
					 under section 307(a)(a) of the CWA, or any person who shall by operation of law
					 be authorized to carry out such functions.
Note: "Animal feeding operation" is defined at section
					 122.23.
"Applicable standards and limitations" means all 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 section 301, 302, 303, 304, 306, 307, 308, 403 or 405 of
					 CWA.
"Applicant" means a person applying to the Department for a
					 State or NPDES permit to discharge wastes into the waters of the State or to
					 operate a treatment works.
"Application" means the uniform NPDES application form,
					 including subsequent additions, revisions, or modifications thereof promulgated
					 by the Administrator of EPA, and adopted for use by the Board or a State permit
					 application form.
Note: "Aquaculture project" is defined at section
					 122.25.
"Average monthly discharge limitation" means 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.
"Average weekly discharge limitation" means 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.
"Best management practices" (BMP) means schedules of
					 activities, prohibitions of practices, maintenance procedures, and other
					 management practices to prevent or reduce the pollution of 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.
"BMP" means best management practices.
"Board" means the Board of Health and Environmental Control
					 for the State of South Carolina and shall be inclusive of any agent designated
					 by the Board to perform any function.
Note: "Bypass" is defined at section 122.41(m)(m).
"CFR" means the Code of Federal Regulations, as
					 amended.
"Class I sludge management facility" means any POTW
					 identified under R.61-9.403.8(a)(a),
					 as being required to have an approved pretreatment program and any other
					 treatment works treating domestic sewage classified as a Class I sludge
					 management facility by the Regional Administrator in conjunction with the
					 Department because of the potential for its sludge use or disposal practices to
					 adversely affect public health and the environment.
"Code" means the South Carolina Code of 1976, as
					 amended.
"Commissioner" means the Commissioner of the S.C.
					 Department of Health and Environmental Control, or his designated
					 representative.
Note: "Concentrated animal feeding operation" is defined at
					 section 122.23.
Note: "Concentrated aquatic animal feeding operation" is
					 defined at section 122.24.
"Contiguous zone" means the entire zone established by the
					 United States under Article 24 of the Convention on the Territorial Sea and the
					 Contiguous Zone.
"Continuous discharge" means a discharge which occurs
					 without interruption throughout the operating hours of the facility, except for
					 infrequent shutdowns for maintenance, process changes, or other similar
					 activities.
"CWA" means the Clean Water Act (formerly referred to as
					 the Federal Water Pollution Control Act or Federal Water Pollution Control Act
					 Amendments of 1972) Pub. L. 92-500, as amended by Pub. L. 95-217, Pub. L.
					 95-576, Pub. L. 96-483, and Pub. L. 97-117,
					 33 U.S.C.
					 1251 et seq. Specific references to sections
					 within the CWA will be according to Pub. L. 92-500 notation.
"CWA and regulations" means the Clean Water Act (CWA) and
					 applicable regulations promulgated thereunder and includes State NPDES program
					 requirements.
"Daily discharge" means the discharge of a pollutant
					 measured during a calendar day or any 24-hour period that reasonably 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.
"Department" means the S.C. Department of Health and
					 Environmental Control and shall also be inclusive of those persons within the
					 Department authorized by the Board to administer the NPDES program or take any
					 action in behalf of the Board.
"Direct discharge" means the discharge of a
					 pollutant.
"Discharge" means any discharge or discharge of any sewage,
					 industrial wastes or other wastes into any of the waters of the State, whether
					 treated or not.
"Discharge of a pollutant"
(1) means:
(i) Any addition of any pollutant or
				  combination of pollutants to waters of the State from any point source,
				  or
(ii) Any addition of any
				  pollutant or combination of pollutants to the waters of the contiguous zone or
				  the ocean from any point source other than a vessel or other floating craft
				  which is being used as a means of transportation.