PURPOSE: This amendment is to bring the definitions
up to date to match updated statutes, federal regulations, and terminology.
Also this amendment removes duplication in the existing rule and unnecessary
restrictive words.
PUBLISHER'S NOTE: The secretary of state has
determined that the publication of the entire text of the material which is
incorporated by reference as a portion of this rule would be unduly cumbersome
or expensive. This material as incorporated by reference in this rule shall be
maintained by the agency at its headquarters and shall be made available to the
public for inspection and copying at no more than the actual cost of
reproduction. This note applies only to the reference material. The entire text
of the rule is printed here.
(1) "Abandoned well," as defined in section
256.603,
RSMo.
(2) Agrichemical," any
pesticide or fertilizer but does not include anhydrous ammonia fertilizer
material
(3) Agrichemical
facility," any site, with the exception of chemical production facilities,
where bulk pesticides or fertilizers, excluding anhydrous ammonia fertilizer,
are stored in non-mobile containers or dedicated containers and are being
mixed, applied, repackaged, or transferred between containers for more than
thirty (30) consecutive days per year.
(4) Application," the application form
supplied by the department, the filing fee, if applicable, and other supporting
documents if requested.
(5)
Appurtenances," valves, pumps, fittings, pipes, hoses, plumbing, or metering
devices connected to sewers, basins, tanks, storage vessels, treatment units,
and discharge or delivery structures, or used for transferring products or
wastes.
(6) Aquaculture facility,"
as defined by section
644.016(1),
RSMo.
(7) "Aquifer," a subsurface
water-bearing bed or stratum which stores or transmits water in recoverable
quantities that is presently being utilized or could be utilized as a water
source for private or public use. It does not include water in the vadose zone.
For purpose of the effluent regulation, sandy or gravelly alluvial soils in or
on the floodplains of intermittent streams are not an aquifer.
(8) Blending," the practice of diverting
wet-weather flows around any treatment unit and recombining those flows within
the treatment facility, while providing primary and secondary or biological
treatment up to the available capacity, consistent with all applicable effluent
limits and conditions. See bypass, section (11) of this rule.
(9) Bulk fertilizer," any liquid or dry
fertilizer which is transported or stored in undivided quantities of greater
than five hundred (500) gallons measure or five thousand (5,000) pounds net dry
weight respectively.
(10) "Bulk
pesticide," any registered pesticide which is transported or stored in an
individual container in undivided quantities greater than fifty-six (56)
gallons liquid measure or one hundred (100) pounds dry weight
respectively.
(11) "Bulk
repackaging," the transfer of a registered pesticide from one (1) container to
another in an unaltered state in preparation for sale to or distribution for
use by another person.
(12)
"Bypass," as defined by 40 CFR part
122 subpart C, October 22, 2015, as
published by the EPA Docket Center, EPA West 1301 Constitution Avenue NW.,
Washington, DC 20004, is incorporated by reference. This rule does not
incorporate any subsequent amendments or additions. Blending is not a
bypass.
(13) "Clean Water Act," the
Clean Water Act (formerly referred to as the Federal Water Pollution Control
Act or Federal Water Pollution Control Act Amendments of 1972) ( P.L. 92-500 )
as amended in 1977, ( P.L. 95-217 ), 1978 ( P.L. 95-576 ), 1980 ( P.L. 96-483
), and in 1981 ( P.L. 97-117 ),
33 U.S.C.
1251 et seq, as published by the Office of
the Law Revision Counsel, U.S. House of Representatives, H2-308 Ford House
Office Building, Washington, DC 20515, are incorporated by reference. This rule
does not incorporate any subsequent amendments or additions.
(14) Commission," as defined by section
644.016(2),
RSMo.
(15) "Common promotional
plan," a plan, undertaken by one (1) or more persons, to offer individual lots
or residential housing units within a residential housing development for sale
or lease; where land or residential housing units are offered for sale or lease
by a per- son or group of persons acting in concert, and the land is contiguous
or is known, designated, or advertised as a common unit or by a common name or
similar names, the land is presumed, without regard to the number of lots or
residential housing units covered by each individual offering, as being offered
for sale or lease as part of a common promotional plan. State and county roads
are not considered property boundaries.
(16) "Composite sample," a combination of
individual samples collected over a designated period of time.
(17) "Conference, conciliation, and
persuasion," as defined by section
644.016(3),
RSMo.
(18) "Construction," any
activities including, but not limited to, the erection, installation, or
significant modification of any dwelling, structure, building, sewer system,
water contaminant source, or point source. Construction commences with any
preparatory activity including, but not limited to, trenching, excavation for
any building in a subdivision, or for a wastewater treatment facility,
demolition of existing wastewater treatment facility structures or change in
the wastewater treatment facility operation necessary to allow modification,
but not to include interior remodeling of single-family residences or
commercial buildings which will not result in a substantial change in
wastewater volume, nature, or strength of the discharge therefrom.
(19) "Continuing authority," is a person, as
defined in 644.016(15), RSMo, that is either an area wide management authority
or owns and/or operates a point source, treatment facility, or a sewer
collection system
(20) Daily
maximum," an effluent limitation that specifies the total mass or average
concentration of pollutants that may be discharged in a calendar day.
(21) Dedicated agrichemical container," a
container effectively designed and constructed to hold a specific agrichemical
and to be reused, repackaged, or refilled
(22) Department," as defined by section
644.016(4),
RSMo.
(23) Developer," any person
or group of persons who directly or indirectly, sells or leases or offers to
sell or lease, any lots, residential housing units, or recreational camping
sites, but not to include any licensed broker or licensed salesman who is not a
shareholder, director, officer, or employee of a developer and who has no legal
or equitable interest in the land.
(24) Director," as defined by section
644.016(5),
RSMo
(25) "Discharge," as defined
by section
644.016(6),
RSMo.
(26) "Domestic wastewater,"
wastewater (i.e., human sewage) originating primarily from the sanitary
conveniences of residences, commercial buildings, factories, and institutions,
including any water which may have infiltrated the sewers. Domestic wastewater
excludes stormwater, animal waste, process waste, and other similar
waste.
(27) "Effluent," any
wastewater or other substance flowing out of or released from a point source,
water contaminant source, or waste- water treatment facility.
(28) "Effluent Control Regulations," as
defined by section
644.016(7),
RSMo.
(29) "Effluent limitation
segment," any segment of water where the water quality meets and will continue
to meet water quality standards or where the water quality will meet water
quality standards after the application of effluent limitation
guidelines.
(30) "Engineer," as
defined by section
327.011(13),
RSMo.
(31) "Environmental
Protection Agency (EPA)," the United States Environmental Protection
Agency.
(32) "Fertilizer," as
defined by section
266.291,
RSMo.
(33) "Filing fee," a credit
card, check, money order, or bank draft payable to the state of Missouri as
filing fee for a construction permit, an operating permit, or a
variance.
(34) "General permit," as
defined by section
644.016(8),
RSMo.
(35) "General permit
template," as defined by section
644.016(9),
RSMo.
(36) "Grab sample," any
individual sample collected without compositing or adding other
samples.
(37) "Human sewage," as
defined in section
644.016(10),
RSMo.
(38) "Innovative technology,"
new and generally unproven technology in the type or method of its application
that bench testing or theory suggests has environmental, efficiency, and cost
benefits beyond standard technologies.
(39) "Lagoon," an earthen basin or lined
basin used for biological treatment of wastewater, usually designed for
biochemical oxygen demand (BOD) removal and settling of solids. Lagoons can be
designed as flow-through, controlled discharge, no-discharge systems, or for
storage.
(40) "Losing streams," a
stream which distributes thirty percent (30%) or more of its flow during low
flow conditions through natural processes. Losing streams are identified in the
digital geospatial dataset 'LOSING_STREAM' developed by the Missouri Department
of Natural Resources, Missouri Geological Survey; additional streams may be
determined to be losing by the department.
(41) "Lot," any portion, piece, division,
unit, or undivided interest in real estate, if the interest includes the right
to the exclusive use of a specific portion of real estate, whether for a
specific term or in perpetuity.
(42) "Minor Violation," as defined by section
644.016(12),
RSMo.
(43) "Missouri Clean Water
Law," as defined by sections
644.006 through
644.141,
RSMo.
(44) "Mobile container," a
container designed and used for transporting agrichemicals that meet the United
States Department of Transportation standards for the product being
transported.
(45) "Monthly
average," the total mass or concentration of all daily discharges sampled
during a calendar month divided by the number of daily discharges sampled or
measured during that month.
(46)
"Municipality," an incorporated city, town, or village (including an
intermunicipal agency of two (2) or more of the foregoing entities).
(47) "National Pollutant Discharge
Elimination System (NPDES)," as defined in the Clean Water Act. See Clean Water
Act, section (12) of this rule.
(A) NPDES
permit. Any permit issued by either the EPA or the state of Missouri under
authorization by EPA which fulfills the NPDES requirements as set forth in the
Clean Water Act.
(B) NPDES
application. Any application on a form supplied by the department, submitted
for an NPDES permit.
(48) "New discharger," any building,
structure, facility or installation-
(A)
Which on October 18, 1972, has never discharged pollutants;
(B) Which has never received a finally
effective NPDES permit;
(C) From
which there is or may be a new or additional discharge of pollutants;
and
(D) Which does not fall within
the definition of new source.
(49) "New source," as defined by 40 CFR part
122 subpart A, June 29, 2015, as published by the EPA Docket Center, EPA West
1301 Constitution Avenue NW., Washington, DC 20004, are incorporated by
reference. This rule does not incorporate any subsequent amendments or
additions.
(50) "No-discharge," a
facility designed, constructed, and operated to hold or irrigate, or otherwise
dispose without discharge to surface or subsurface waters of the state, all
process wastes and associated stormwater flows except for discharges that are
caused by catastrophic and chronic storm events; any basin is sealed in
accordance with 10 CSR
20-8, Minimum Design Standards; and no subsurface
releases exist in violation of
10 CSR
20-7.015, Effluent Regulations, or section
577.155,
RSMo.
(51) "Non-mobile container,"
a stationary container designed to be incapable of movement once installed; not
defined as mobile.
(52) "Operating
location," all contiguous lands owned, operated, or controlled by one (1) or
more persons jointly or as tenants in common.
(53) "Operation and maintenance," activities
to assure the dependable and economical function of wastewater and stormwater
systems.
(A) Maintenance. Preservation of
functional integrity and efficiency of equipment and structures. The proper
keeping of all aspects of a collection system and wastewater treatment facility
and appurtenances thereto, that pertain to safety, in a state of repair and
working order as necessary to comply with the Missouri Clean Water Law and any
permit issued thereunder and to protect public health and safety. This includes
preventive maintenance, corrective maintenance, and replacement of equipment as
needed.
(B) Operation. Control of
the unit processes and equipment which make up the wastewater treatment
facility. This includes financial and personnel management, records, laboratory
control, process control, safety, and emergency operation planning.
(54) "Operational area," an
area(s) at an agrichemical facility where agrichemicals are transferred,
loaded, unloaded, mixed, repack- aged, refilled, or where agrichemicals are
cleaned, washed, or rinsed from containers or equipment that is used in
application, handling, storage, or transportation.
(55) "Operational containment area," any
structure or system effectively designed and constructed to intercept and
contain discharges, including container or equipment wash water, rinsates and
precipitation, and to prevent escape, runoff, or leaking from the operational
area.
(56) "Permit by rule," as
defined by section
644.016(13),
RSMo
(57) "Permit holders or
applicants for a permit," as defined by section
644.016(14),
RSMo.
(58) "Person," as defined by
section
644.016(15),
RSMo.
(59) "Pesticide," as defined
by section
281.020(18),
RSMo.
(60) "Point source," as
defined by section
644.016(16),
RSMo.
(61) "Pollutant," as defined
by 40 CFR part
122 subpart A, June 29, 2015, as published by the EPA Docket
Center, EPA West 1301 Constitution Avenue NW., Washington, DC 20004, is
incorporated by reference. This rule does not incorporate any subsequent
amendments or additions.
(62)
"Pollution," as defined by section
644.016(17),
RSMo.
(63) "Pretreatment
regulations," as defined by section
644.016(18),
RSMo.
(64) "Primary containment,"
the storage of an a grichemical in either its original container or other
suitable container, including dedicated containers, effectively designed and
constructed to contain the product that may be stored there.
(65) "Publicly owned treatment works (POTW),"
wastewater treatment facility and collection system which conveys wastewater to
the POTW owned by the state, a municipality, a political subdivision or a sewer
district defined by Chapters 644, 249, and 250, RSMo, 2016.
(66) "Regional administrator," regional
administrator of the Environmental Protection Agency's regional office for the
region in which the state of Missouri is located.
(67) "Release," to discharge directly or
indirectly to waters of the state, or to place, cause, or permit to be placed,
any water contaminant in any location where it is reasonably certain to enter
waters of the state. For agrichemical facilities, this includes any spill,
leak, deposit, dumping, or emptying of an agrichemical, process waste- water,
or collected precipitation from a secondary containment area or operational
containment area. Release does not include the lawful transfer, loading,
unloading, repackaging, refilling, distribution, use, or application of an
agrichemical, agrichemical process wastewater, or related collected
precipitation.
(68) "Residence,"
any structure, dwelling, unit, or shelter which is intended or used for human
habitation as a permanent, vacation, or recreational home or building. They may
be detached or part of one (1) or more attached units.
(A) "Multiple-family," residential housing
units that share the same structure, dwelling, unit, shelter, or common wall
with or with- out a common social area that includes the right to the exclusive
use of a specific portion of real estate, whether for a specific term or in
perpetuity; they may include, but are not limited to, duplexes, condominiums,
townhouses, apartments, hotels, motels, hospitals, dormitories, boarding
schools, group homes, barracks, etc.
(B) "Single-family," an individual structure,
dwelling, unit, or shelter constructed for the purpose of human habitation,
with one (1) or more rooms occupied or intended for occupancy by one (1) family
for cooking, sanitary, and sleeping purposes that includes the right to the
exclusive use of a specific portion of real estate, whether for a specific term
or in perpetuity; they do not include multiple-family residences.
(69) "Residential housing
development," as defined by section
644.016(19),
RSMo.
(70) "Rinsate," any water
containing contaminant that have been washed off or rinsed from containers,
application equipment, handling or storage areas, or transportation equipment,
including but not limited to: industrial chemicals, agrichemicals, or
concrete.
(71) "Secondary
containment," any structure effectively designed and constructed to contain one
(1) or more primary storage containers to collect any leaks or spills in the
event of loss of integrity or primary container failure.
(72) "Separate storm sewer," conveyance or
systems of conveyances primarily used for conducting and conveying storm water
runoff and located in an urbanized area or designated by the department as a
separate storm sewer due to its size, its location, the quantity and nature of
pollutants reaching the waters of the state, and other relevant
factors.
(73) "Service area
population," the population to be served by a wastewater treatment
facility.
(74) "Service
connection," the connection point of the service line and the sanitary sewer
system which is operated and maintained by one (1) of the continuing
authorities listed in 10 CSR
20- 6.010(3)(B).
(75) "Seven- (7-) day Q10 stream flow," the
lowest average flow that occurs for seven (7) consecutive days that has a
probable recurrence interval of once every ten (10) years.
(76) "Sewer extension," sewer systems which
are added to existing sewers and wastewater treatment facilities.
(77) "Sewer system," as defined by section
644.016(20),
RSMo.
(78) "Single family residence
wastewater treatment facility," any method or system for the treatment of
domestic wastewater from a single-family residence.
(79) "Site-specific permit," as defined by
section
644.016(22),
RSMo.
(80) "Small rural community,"
a community of less than ten thou- sand (10,000) population and not located in
whole or in part, in an area of St. Louis County or City encircled by
Interstate Route 270, or in an area of Jackson, Clay, or Platte Counties
encircled by State Route 150 and 291 and Interstate Routes 29 and
635.
(81) "Soil Scientist," as
defined by section
701.040.l.(2)(e),
RSMo.
(82) "Stream," a defined
watercourse which carries water either continuously or intermittently and which
is not entirely confined or located completely upon land owned, leased, or
otherwise controlled by one (1) person.
(83) "Test hole," a hole which has been
drilled, bored, augered, or otherwise excavated in the exploration for mineral
commodities or for obtaining geologic data. Test holes that penetrate only the
residuum or unconsolidated materials and which do not enter a geologic unit,
are deemed to be an aquifer, exempt from this definition.
(84) "Treatment facilities," as defined by
section
644.016(23),
RSMo.
(85) "User charge," a charge
levied on users of a wastewater treatment facility for the user's share of the
costs of operation, maintenance, and replacement of the collection system and
wastewater treatment facility
(86)
"Waste load allocation," the amount of pollutants each discharger is allowed by
the department to release into a given stream after the department has
determined the total amount of pollutants that may be discharged into that
stream without endangering its water quality.
(87) "Wastewater," water or other liquids
which carry or contain pollutants or water contaminants from any
source.
(88) "Water contaminant,"
as defined by section
644.016(24),
RSMo.
(89) "Water contaminant
source," as defined by section
644.016(25),
RSMo.
(90) "Waters of the state,"
as defined by section
644.016(27),
RSMo.
(91) "Water quality limited
segment," a segment where water quality does not meet and/or is not expected to
meet applicable water quality standards even after the application of effluent
limitations.
(92) "Weekly average,"
the total mass or concentration of all daily discharges sampled during any
calendar week divided by the number of daily discharges sampled or measured
during that week.