Rule 1205. As used in this part:
(a) "Mass load" means a wasteload allocation
specified in units of weight per time.
(b) "Maximum acceptable toxicant
concentration (MATC)" means the concentration obtained by calculating the
geometric mean of the lower and upper chronic limits from a chronic test. A
lower chronic limit is the highest tested concentration that did not cause the
occurrence of a specific adverse effect. An upper chronic limit is the lowest
tested concentration which did cause the occurrence of a specific adverse
effect and above which all tested concentrations caused such an
occurrence.
(c) "Minimum level"
means the level at which the entire analytical system must give a recognizable
signal and acceptable calibration point. It is equivalent to the concentration
of the lowest calibration standards, assuming that all method-specified sample
weights, volumes, and cleanup procedures have been employed.
(d) "Mixing zone" means the portion of a
water body in which a point source discharge or venting groundwater is mixed
with the receiving water.
(e)
"Monthly average water quality-based effluent limit (WQBEL)" means an effluent
specific water quality-based effluent limit in a national pollutant discharge
elimination system (NPDES) permit developed to protect aquatic life, human
health, and wildlife from chronic chemical specific toxicity or aquatic life
from chronic whole effluent toxicity.
(f) "National pollutant discharge elimination
system (NPDES)" means a permit issued by the department to a discharger
pursuant to sections 3106 and 3112 of 1994 PA 451, MCL 324.3106 and
324.3112.
(g) "New discharge" means
any building, structure, facility, or installation from which there is or may
be a discharge of toxic substances to the surface waters of the state, the
construction of which commenced after July 29, 1997.
(h) "Nonpoint source" means a source of a
toxic substance to the surface waters of the state other than a source defined
as a point source.
(i) "Permittee"
means the individual or facility that is issued an NPDES permit.
(j) "Point source" means a discharge that is
released to the surface waters of the state by a discernible, confined, and
discrete conveyance, including any of the following from which wastewater is or
may be discharged:
(i) A pipe.
(ii) A ditch.
(iii) A channel.
(iv) A tunnel.
(v) A conduit.
(vi) A well.
(vii) A discrete fissure.
(viii) A container.
(ix) A concentrated animal feeding
operation.
(x) A boat or other
watercraft.
(k)
"Pollution prevention" means eliminating or minimizing the initial generation
of waste at the source or utilizing environmentally sound on-site and off-site
reuse or recycling. Waste treatment, release, or disposal is not considered
pollution prevention.
(l)
"Quantification level" means the measurement of the concentration of a
contaminant obtained by using a specified laboratory procedure calculated at a
specified concentration above the detection level. It is considered the lowest
concentration at which a particular contaminant can be quantitatively measured
using a specified laboratory procedure for monitoring of the
contaminant.
(m) "Raw water" means
the surface waters of the state before any treatment.
(n) "Receiving water" means the surface
waters of the state into which an effluent is or may be discharged.
(o) "Same body of water" means that, for
purposes of evaluating intake toxic substances consistent with R 323.1211, the
department will consider intake toxic substances to be from the same body of
water if the department finds that the intake toxic substance would have
reached the vicinity of the outfall point in the receiving water within a
reasonable period had it not been removed by the permittee and there is a
direct hydrological connection between the intake and the discharge points.
Notwithstanding the provisions of this subdivision, an intake toxic substance
shall be considered to be from the same body of water if the permittee's intake
point is located on a Great Lake and the outfall point is in close proximity to
the intake point and is located on a tributary of that Great Lake. In this
situation, the background concentration of the toxic substance in the receiving
water shall be similar to or greater than that in the intake water and a
difference in any water quality characteristic between the intake and receiving
water shall not result in an adverse impact on the receiving water. Groundwater
sources of intake water can also be considered the same body of water if both
of the following conditions are met:
(i) The
groundwater vents to the same surface water body where the discharge is
located.
(ii) The concentration of
the intake toxic substance in the groundwater source is similar to the
background groundwater concentration which exists at or regionally proximate to
the groundwater source that is not attributable to any release at or regionally
proximate to the source. Release shall be defined consistent with the
September, 1996, revisions to section 324.20101 of 1994 PA 451, MCL 324.20101.
Where a release has influenced the concentration of the toxic substance in the
groundwater source, a same body of water determination shall be made by the
department on a case-by-case basis. For purposes of this paragraph, the
background groundwater concentration of the intake toxic substance shall be
established at the time of permit issuance, reissuance, or modification based
on data available to the department or data provided by the permittee from at
least 1 representative location.
(p) "Surface waters of the state" means all
of the following, but does not include drainage ways and ponds used solely for
wastewater conveyance, treatment, or control:
(i) The Great Lakes and their connecting
waters.
(ii) All inland
lakes.
(iii) Rivers.
(iv) Streams.
(v) Impoundments.
(vi) Open drains.
(vii) Wetlands.
(viii) Other surface bodies of water within
the confines of the state.
(q) "Tier I value" means a value for aquatic
life, human health, or wildlife calculated under R 323.1057 using a tier I
toxicity data base.
(r) "Tier II
value" means a value for aquatic life or human health calculated under R
323.1057 using a tier II toxicity data base.
(s) "Toxicity equivalency factor (TEF)" means
a reasonable estimate of the toxicity associated with a mixture of chlorinated
dibenzo-p-dioxins and chlorinated dibenzo-p-furans relative to the toxicity of
2,3,7,8-tetrachlorodibenzo-p-dioxin.
(t) "Toxicity reduction evaluation (TRE)"
means a site-specific study conducted in a stepwise process designed to
identify the causative agents of effluent toxicity, isolate the sources of
toxicity, evaluate the effectiveness of toxicity control options, and then
confirm the reduction in effluent toxicity.
(u) "Toxic substance" means a substance,
except for heat, that is present in a sufficient concentration or quantity that
is or may become harmful to plant life, animal life, or designated uses. These
rules apply to all of the following toxic substances:
(i) The priority pollutant and hazardous
chemicals specified in the provisions of
40 C.F.R. ยง122.21, Appendix D
(1990), which are adopted by reference in R 323.1221.
(ii) The pollutants of initial focus
specified in the provisions of 40 C.F.R. Part
132 (1995), water quality
guidance for the Great Lakes system, which are adopted by reference in R
323.1221.
(iii) The pollutants
specified in table 1.
(iv) Any
other toxic substances that the department determines are of concern at a
specific site.
(v)
"Translator" means a value used to predict the ratio of total or total
recoverable metal to dissolved metal in a surface water of the state that is
then used to derive a total or total recoverable water quality-based effluent
limit using dissolved aquatic life tier I or tier II values.
(w) "Venting groundwater" means groundwater
that is entering a surface water of the state from a facility as defined in
section 20101 of 1994 PA 451, MCL 324.20101.
(x) "Wasteload allocation (WLA)" means the
allocation for an individual point source which is developed in accordance with
R 323.1209 and which ensures that the level of water quality to be achieved by
the point source complies with all applicable water quality
standards.
(y) "Water quality-based
effluent limit (WQBEL)" means an effluent limit developed for an NPDES permit
that will ensure that the level of water quality to be achieved by the point
source complies with all applicable water quality standards.
(z) "Water quality standards" means the Part
4. Water Quality Standards developed under Part 31 of 1994 PA 451, MCL 324.3101
et seq.
(aa) "Water quality value"
means a tier I or tier II aquatic life or human health value or tier I wildlife
value developed under R 323.1057.
(bb) "Wetland" means land characterized by
the presence of water at a frequency and duration sufficient to support, and
that under normal circumstances does support, wetland vegetation or aquatic
life.
(cc) "Whole effluent
toxicity" means the total toxic effect of an effluent measured directly with a
toxicity test under R 323.1219.
(dd) "Wildlife value" means the maximum
ambient water concentration of a substance at which adverse effects are not
likely to result in population-level impacts to mammalian and avian wildlife
populations from lifetime exposure through drinking water and aquatic food
supply, using the methodology specified in R 323.1057(3).
Table 1.
1-amino-2-methylanthraquinone
1-chloro-4-phenoxybenzene
1,1,1,2-tetrachloroethane
1,2-epoxybutane
1,2,3-trichlorobenzene
1,2:3,4-diepoxybutane
1,2,3,5-tetrachlorobenzene
1,3-butadiene
1,3-propane sultone
1,4-dioxane
1,5-naphthalenediamine
2-acetylaminofluorene
2-aminoanthraquinone
2-methyl-1-nitroanthraquinone
2-naphthylamine 2-nitropropane
2,4-diaminoanisole sulfate
2,4-diaminotoluene
2,3,4,5-tetrachlorophenol
2,3,4,6-tetrachlorophenol
2,3,5,6-tetrachlorophenol
2,4,5-trichlorophenol
2,4,5-trichlorotoluene
2,4,5-trimethylaniline
3-amino-9-ethylcarbazole
3-amino-9-ethylcarbazole hydrochloride
3-(chloromethyl)pyridine hydrochloride
4-aminobiphenyl
4-chloro-m-phenylenediamine
4-chloro-o-phenylenediamine
4-dimethylaminoazobenzene
4,4'-diaminodiphenyl ether
4,4'-methylenebis (2-methylaniline)
4,4'-methylenebis(N,N-dimethyl) benzenamine
4,4'-thiodianiline
5-chloro-o-toluidine
5-nitro-o-anisidine
5-nitroacenaphthene
Abietic ccid
Acetone cyanohydrin
Actinomycin D
Aflatoxins
Aldicarb
Aminoazobenzene
Amitrole
Anilazine
Aniline hydrochloride
Antimycin A
1-amino-2-methylanthraquinone Aramite
Azinphos-ethyl
Azinphos-methyl
Azobenzene
Barban
Bendiocarb
Benomyl
Bis(chloromethyl)ether
Bromomethane
Bromoxynil
Butylbutanol nitrosamine
Captafol
Carbophenothion
Chloramines
Chlordecone
Chlorfenvinphos
Chlorinated dibenzofurans
Chlorobenzilate
Chloromethane
Chloroprene
Clonitralid
Crotoxyphos
Cupferron
Cycasin
Cycloheximide
Cyclophosphamide
Dehydroabietic acid
Demeton
Diallate
Dibromochloropropane (DBCP)
Dichrotophos
Diethylhexyl phthalate
Diethylstilbestrol
Dihydrosafrole
Dimethoate
Dimethyl disulphide
Dimethyl sulfate
Dimethylhydrazines
Dinocap
Dinoseb
Dioxathion
Diphenyl ether
EPN
Ethyl chloride
Ethylene oxide
Ethylene thiourea
Ethyleneimine
Ethylmethanesulfonate
Fensulfothion
Fluchloralin
Furathiazole
Hexachlorocyclohexane
Hexamethylphosphoramide
Hydrazine
Hydrazobenzene
Hydrogen sulfide
Hydroquinone
Isonicotinic acid hydrazine
Kanechlor C
Ketene
Lactonitrile
Lasiocarpine
Leptophos
Malachite green
Mestranol
Methacrylonitrile
Methomyl
Methyl chloroform
Methyl hydrazine
Methylenebis(2-chloroaniline)
Methylthiouracil
Mitomycin C
Monocrotaline
Monocrotophos
Mustard gas
N-(2-hydroxyethyl) ethyleneimine
N-methyl formamide
N,N'-diethylthiourea
N-nitroso-di-N-butylamine
N-nitroso-N-ethylurea
N-nitroso-N-methylurea
N-nitrosodiethylamine
N-nitrosomethylvinylamine
N-nitrosomorpholine
N-nitrososarcosine
Neoabietic acid
Nifurthiazole
Niridazole
Nithiazide
Nitrofen
Nitrogen mustard
o-Aminoazotoluene
o-Anisidine
o-Anisidine hydrochloride
o-Phenylphenol
o-Toluidine
o-Toluidine hydrochloride
Octachlorostyrene
Oxydemetonmethyl
p-Chlorophenol
p-Cresidine
p-Nitrosodiphenylamine
Paraquat
Pentachloronitrobenzene
Phenazopyridine hydrochloride
Phenesterin
Phenobarbitol
Phenytoin sodium
Phorate
Phosazetim
Phosmet
Phosphamidon
Piperonyl sulfoxide
Polybrominated biphenyls (PBB)
Polychlorinated naphthalenes
Propyleneimine
Propylthiouracil
Rotenone
Semicarbazide
Semicarbazide hydrochloride
Silvex
Sodium fluoroacetate
Sodium-o-phenylphenol
Sulfallate
Sulfotepp
TEPP
Terbufos
Tetrachloroguaiacol
Tetrachlorvinphos
Tetranitromethane
Thioacetamide
Thiourea
Thiram
Triaryl phosphate esters
Tributyltin (and salts and esters)
Trichlorfon
Trifluralin
Trimethylphosphate
Tris(2,3-dibromopropyl)phosphate
Uracil mustard
Urethane
Vinyl bromide
Ziram
