Authority: IC
13-14-8; IC
13-14-9; IC
13-15-1-2;
IC
13-15-2-1;
IC
13-18-3-1; IC
13-18-4-1
Affected: IC
13-11-2; IC
13-13-5-1;
IC 13-18-2
Sec. 2.
In addition to the definitions contained in IC
13-11-2 and 327 IAC 1, the
following definitions apply:
(1)
"Clean Water Act" means the Federal Water Pollution Control Act,
33 U.S.C.
1251 et seq., in effect on January 1, 1989,
and amended on December 16, 1996*.
(2) "Combined sewer" means a wastewater
collection sewer-owned by the state or a municipality (as defined by Section
502(4) of the Clean Water Act*) which has been designed and constructed to
convey sanitary wastewaters (domestic, commercial, or industrial wastewaters)
and storm water through a single pipe system to a publicly owned treatment
works (POTW) treatment plant.
(3)
"Cyanide isolation facility" means any facility consisting of curbs, pits,
drains, tanks, etc., that provides protection for cyanide solutions and
compounds and prevents their release to waters of the state.
(4) "Discharge" or "direct discharge", when
used without qualification, means a discharge of a pollutant.
(5) "Discharge of a pollutant" means any
addition of any pollutant, or combination of pollutants, into any waters of the
state of Indiana from a point source in Indiana. The term includes, without
limitation, additions of pollutants into waters of the state from surface
run-off which is collected or channeled by man and discharges through pipes,
sewers, or other conveyances which lead either to no treatment works or to
treatment works privately owned and operated by persons other than the
discharger.
(6) "Dwelling" means
any permanent structure which people inhabit on a regular or seasonal
basis.
(7) "Effluent limitation"
means any restriction established by the commissioner on quantities, discharge
rates, and concentrations of pollutants that are discharged or will be
discharged from point sources into waters of the state of Indiana.
(8) "Environmental Protection Agency" or
"EPA" means the United States Environmental Protection Agency.
(9) "Experimental water pollution control
equipment" means any equipment, device, unit, or structure that is installed on
a temporary basis in order to determine the capability, capacity, or efficiency
of a treatment technology.
(10)
"House connection" means the pipe carrying the wastewater from a single-family
dwelling to a common public sewer.
(11) "Industrial water treatment facility"
means any equipment, device, unit, structure, or sewer that is used to treat
water for use or reuse as industrial process water.
(12) "National pollutant discharge
elimination system", also referred to as "NPDES", means the national program
for issuing, modifying, revoking and reissuing, terminating, denying,
monitoring, and enforcing permits for the discharge of pollutants from point
sources and imposing and enforcing pretreatment requirements by the
Environmental Protection Agency or the commissioner pursuant to Sections 307,
318, 402, and 405 of the CWA*.
(13)
"Permit" means any written authorization, license, or equivalent document
issued to regulate the discharge of pollutants, the construction of water
pollution treatment/control facilities, or land application of sludge or waste
products.
(14) "Point source" means
any discernible, confined, and discrete conveyance, including, but not limited
to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure,
container, rolling stock, or vessel or other floating craft from which
pollutants are or may be discharged. The term does not include return flows
from irrigated agriculture.
(15)
"Pollutant" means, but is not necessarily limited to, dredged spoil,
incinerator residue, filter backwash, sewage, garbage, sewage sludge,
munitions, chemical wastes, solid wastes, toxic wastes, hazardous substances,
biological materials, radioactive materials (except those regulated under the
Atomic Energy Act of 1954, as amended,
42 U.S.C.
2011, et seq.), heat, wrecked, or discarded
equipment, rock, sand, cellar dirt, and other industrial, municipal, and
agricultural waste discharged into water.
(16) "Publicly owned treatment works" or
"POTW" means a treatment works as defined by Section 212(2) of the CWA* which
is owned by the state or a municipality (as defined by Section 502(4) of the
CWA*), except that it does not include pipes, sewers, or other conveyances not
connected to a facility providing treatment. The term includes any devices and
systems used in the storage, treatment, recycling, and reclamation of municipal
sewage or compatible industrial wastes. The term also means the municipality,
as defined by Section 502(4) of the CWA*, which has jurisdiction over the
indirect discharges to and the discharges from such a treatment
works.
(17) "Sanitary sewer" means
a sewer that conveys liquid and water-carried wastes from residences,
commercial buildings, industrial plants, and institutions, and to which storm,
surface, and ground waters are not intentionally allowed to enter.
(18) "Sewer" means a pipe or conduit that
carries wastewater or drainage water.
(19) "Sludge" means any solid, semisolid, or
liquid waste generated from municipal, industrial, commercial, mining, or
agricultural operations, water pollution treatment/control facilities, air
pollution control facilities, or water supply treatment plants, exclusive of
the treated effluent from a water pollution treatment facility.
(20) "Storm sewer" means a sewer which is
designed to carry only storm water but excludes other liquid and water-carried
wastes.
(21) "Storm water" means
water resulting from rain, melting or melted snow, hail, or sleet.
(22) "Toxic pollutant" means any pollutant
listed as toxic under Section 307(a)(1) of the CWA*.
(23) "Wastewater" means liquid or
water-carried wastes from industrial, municipal, agricultural, or other
sources.
(24) "Water pollution
treatment/control facility" means any equipment, device, unit, or structure at
a site that is used to control, prevent, pretreat, or treat any discharge or
threatened discharge of pollutants into any waters of the state of Indiana
including public or private sewerage systems.
*The Clean Water Act,
33 U.S.C.A.
1251 to
33
U.S.C.A. 1387, is available for copying at the Indiana Department of
Environmental Management, Office of Water Quality, Indiana Government
Center-North, 100 North Senate Avenue, Room N1255, Indianapolis, Indiana
46204.