South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-9 - Water Pollution Control Permits › Subchapter 61-9.129 - TOXIC POLLUTANT EFFLUENT STANDARDS › Part A - TOXIC POLLUTANT EFFLUENT STANDARDS AND PROHIBITIONS › Section 61-9.129.A.2 - Definitions

Current through Register Vol. 48, No. 6, June 28, 2024
All terms not defined herein shall have the meaning given
					 them R.61-9.122 or R.61-9.124. As
					 used in this regulation, the term:
(a)
				  "Air emissions" means the release or discharge of a toxic pollutant by an owner
				  or operator into the ambient air either (1) by means of a stack or (2) as a
				  fugitive dust, mist, or vapor as a result inherent to the manufacturing or
				  formulating process.
(b) "Ambient
				  water criterion" means that concentration of a toxic pollutant in the waters of
				  the State that, based upon available data, will not result in adverse impact in
				  important aquatic life, or on consumers of such aquatic life, after exposure of
				  that aquatic life for periods of time exceeding 96 hours and continuing at
				  least through one reproductive cycle; and will not result in a significant risk
				  of adverse health effects in a large human population based on available
				  information such as mammalian laboratory toxicity data, epidemiological studies
				  of human occupational exposures, or human exposure data, or any other relevant
				  data.
(c) "Construction" means any
				  placement, assembly, or installation of facilities or equipment (including
				  contractual obligations to purchase such facilities or equipment) at the
				  premises where such equipment will be used, including preparation work at such
				  premises.
(d) "Effluent standard"
				  means, for purposes of 307, the equivalent of effluent limitation as that term
				  is defined in section502(11)(11) of the CWA with the exception that it does not
				  include a schedule of compliance.
(e) "Existing Source" means any source which
				  is not a new source as defined in this section.
(f) "Fugitive dust, mist, or vapor" means
				  dust, mist or vapor containing a toxic pollutant regulated under this Part
				  which is emitted from any source other than through a stack.
(g) "Manufacturer" means any establishment
				  engaged in the mechanical or chemical transformation of materials or substances
				  into new products including but not limited to the blending of materials such
				  as pesticidal products, resins, or liquors.
(h) "New Source" means any source discharging
				  a toxic pollutant, the construction of which is commenced after proposal of an
				  effluent standard or prohibition applicable to such source if such effluent
				  standard or prohibition is thereafter promulgated in accordance with section307
				  of CWA.
(i) "Owner or operator"
				  means any person who owns, leases, operates, controls, or supervises a source
				  as defined above.
(j) "Permit"
				  means a permit for the discharge of pollutants into waters of the State under
				  the National Pollutant Discharge Elimination System established by Section402
				  of the CWA, the PCA, and implemented in regulations in R.61-9.124 and
				  R.61-9.125.
(k) "Process Wastes"
				  means any designated toxic pollutant, whether in wastewater or otherwise
				  present, which is inherent to or unavoidably resulting from any manufacturing
				  process, including that which comes into direct contact with or results from
				  the production or use of any raw material, intermediate product, finished
				  product, by-product or waste product and is discharged into the waters of the
				  state.
(l) "Prohibited" means that
				  the constituent shall be absent in any discharge subject to these standards, as
				  determined by any analytical method.
(m) "Source" means any building, structure,
				  facility, or installation from which there is or may be the discharge of toxic
				  pollutants designated as such by the Administration under
				  section307(a)(1)(a)(1) of the CWA.
(n) "Stack" means any chimney, flue, conduit,
				  or duct arranged to conduct emissions to the ambient air.
(o) "Ten year 24-hour rainfall event" means
				  the maximum precipitation event with a probable recurrence interval of once in
				  10 years as defined by the National Weather Service in technical paper No. 40,
				  "Rainfall Frequency Atlas of the United States," May 1961, and subsequent
				  amendments or equivalent regional or State rainfall probability information
				  developed therefrom.
(p) "Working
				  day" means the hours during a calendar day in which a facility discharges
				  effluents subject to this regulation.