In this subchapter, the following terms have the meanings or
interpretations indicated below and shall be used in conjunction with and are
supplemental to those definitions contained in
75-5-103, MCA.
(1) "Act" means the Montana Water Quality
Act, Title 75, chapter 5, MCA.
(2)
"Adaptive management plan" means a watershed-specific plan developed under the
adaptive management program to achieve the narrative nutrient standards and
address nutrients in a specific watershed. An adaptive management plan includes
a watershed monitoring plan and, if required, an implementation plan.
(3) "Adaptive management program" means a
watershed-scale program that protects water quality from the impacts of
nutrient sources by:
(a) prioritizing
phosphorus reduction, as appropriate, while accounting for site specific
conditions;
(b) allowing for
nutrient sources to be addressed incrementally over time by incorporating
flexible decision-making which can be adjusted as management actions and other
factors become better understood;
(c) reasonably balancing all factors
impacting a waterbody while considering the relative cost of treatment options,
their feasibility, and their expected water quality improvement;
(d) identifying specific nutrient reduction
requirements; and
(e) setting as
its goal the protection and achievement of beneficial uses of the
waterbody.
(4)
"Administrator" means the administrator of the United States Environmental
Protection Agency.
(5) "Animal
feeding operation" means:
(a) a lot or
facility (other than an aquatic animal production facility) where the following
conditions are met:
(i) animals (other than
aquatic animals) have been, are, or will be stabled or confined and fed or
maintained for a total of 45 days or more in any 12-month period; and
(ii) crops, vegetation forage growth, or
post-harvest residues are not sustained in the normal growing season over any
portion of the lot or facility.
(b) Two or more animal feeding operations
under common ownership are considered, for the purposes of these rules, to be a
single animal feeding operation if they adjoin each other or if they use a
common area or system for the disposal of wastes.
(6) "Applicable standards and limitations"
means all state, interstate, and federal standards and limitations to which a
"discharge" or a related activity is subject under the federal Clean Water Act,
including "effluent limitations," water quality standards, standards of
performance, toxic effluent standards or prohibitions, "best management
practices," and pretreatment standards.
(7) "Application" means the department's
standard form for applying for a permit including any additions, revisions, or
modifications to the forms.
(8)
"Aquaculture project" means a defined managed water area which uses discharges
of pollutants into that designated area for the maintenance or production of
harvestable freshwater plants or animals.
(9) "Aquatic animal production facility"
means a hatchery, fish farm, or similar operation.
(10) "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.
(11) "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.
(12) "Best management practices" ("BMPs")
means schedules of activities, prohibitions of practices, maintenance
procedures, and other management practices to prevent or reduce the pollution
of state waters. 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.
(13) "Board" means the Montana Board of
Environmental Review established by
2-15-3502, MCA.
(14) "Bypass" means the intentional diversion
of waste streams from any portion of a treatment facility.
(15) "Concentrated animal feeding operation"
(CAFO) is defined in
75-5-801, MCA.
(16) "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.
(17)
"Conventional pollutant" is defined in ARM
17.30.1202.
(18) "Cooling water" is defined in ARM
17.30.1202.
(19) "Cooling water
intake structure" is defined in ARM
17.30.1202.
(20) "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.
(21) "Department" means the Montana
Department of Environmental Quality established by
2-15-3501, MCA.
(22) "Direct discharge" means the discharge
of a pollutant.
(23) "Discharge,"
when used without qualification, means the discharge of a pollutant.
(24) "Discharge of a pollutant" and
"discharge of pollutants" each means any addition of any pollutant or
combination of pollutants to state waters from any point source. This
definition includes additions of pollutants into water of the state from:
surface runoff which is collected or channelled by man; discharges through
pipes, sewers, or other conveyances owned by a state, municipality, or other
person which do not lead to a treatment works. This term does not include an
addition of pollutants by any "indirect discharger."
(25) "Discharge monitoring report" ("DMR")
means the department uniform form for the reporting of self-monitoring results
by permittees.
(26) "Draft permit"
means a document prepared under ARM
17.30.1364 indicating the
department's tentative decision to issue or deny, modify, revoke and reissue,
terminate, or reissue a permit. A notice of intent to terminate a permit and a
notice of intent to deny a permit, as discussed in ARM
17.30.1365, are types of draft
permits. A denial of a request for modification, revocation and reissuance, or
termination, as discussed in ARM
17.30.1363 is not a draft permit.
A proposed permit is not a draft permit.
(27) "Effluent limitation" is defined in ARM
17.30.1202.
(28) "Effluent
limitations guidelines" means a regulation published by the administrator under
40 CFR chapter 1, subchapter
N, pursuant to section 304(b) of the federal Clean
Water Act to adopt or revise effluent limitations.
(29) "Effluent standards" is defined in
75-5-103, MCA, and is synonymous
with the term "effluent limitation," as defined in ARM
17.30.1202, with the
exception that it does not include a schedule of compliance.
(30) "Entrainment" means the incorporation of
all life stages of fish and shellfish with intake water flow entering and
passing through a cooling water intake structure and into a cooling water
system.
(31) "EPA" means the United
States Environmental Protection Agency.
(32) "Existing source" means any source which
is not a new source or a new discharger.
(33) "Facilities or equipment" means
buildings, structures, process or production equipment, or machinery which form
a permanent part of the new source and which will be used in its operation, if
these facilities or equipment are of such value as to represent a substantial
commitment to construct. It excludes facilities or equipment used in connection
with feasibility, engineering, and design studies regarding the source or water
pollution treatment for the source.
(34) "Facility or activity" means any MPDES
point source or any other facility or activity (including land or appurtenances
thereto) that is subject to regulation under the MPDES program.
(35) "Federal Clean Water Act" means the
federal legislation at 33
USC
1251, et seq.
(36) "General permit" means an MPDES permit
issued under ARM
17.30.1341 authorizing a category
of discharges under the Act within a geographical area.
(37) "Hazardous substance" means any element
or compound designated by EPA pursuant to section 311(b)(2)(a) of the federal
Clean Water Act and listed in
40 CFR
116.4.
(38) "Impingement" means the entrapment of
all life stages of fish and shellfish on the outer part of an intake structure
or against a screening device during periods of intake water
withdrawal.
(39) "Indirect
discharger" means a non-domestic discharger introducing pollutants to a
publicly owned treatment works.
(40) "Log sorting and log storage facilities"
means facilities whose discharges result from the holding of unprocessed wood,
for example, logs or round wood with bark or after removal of bark held in
self-contained bodies of water (mill ponds or log ponds) or stored on land
where water is applied intentionally on the logs (wet decking).
(41) "Major facility" means any MPDES
facility or activity classified as such by the department in conjunction with
the regional administrator.
(42)
"Maximum daily discharge limitation" means the highest allowable daily
discharge.
(43) "Montana pollutant
discharge elimination system" (MPDES) means the system developed by the
department for issuing permits for the discharge of pollutants from point
sources into state waters. The MPDES is specifically designed to be compatible
with the federal NPDES program established and administered by the
EPA.
(44) "MPDES form" means any
issued MPDES permit and any uniform form developed for use in the MPDES and
prescribed in rules adopted by the department, including MPDES forms, MPDES
permit applications, and MPDES reporting forms.
(45) "Municipality" means a city, town,
county, district, association, or other public body created by or pursuant to
state law and having jurisdiction over discharge of pollutants or a designated
and approved management agency under section 1288 of the federal Clean Water
Act.
(46) "National pollutant
discharge elimination system" (NPDES) means national program for issuing,
modifying, revoking and reissuing, terminating, monitoring and enforcing
permits, and imposing and enforcing pretreatment requirements, under sections
307, 402, 318, and 405 of the federal Clean Water Act. The term includes
"approved program."
(47) "New
discharger" means any building structure, facility, or installation:
(a) from which there is or may be a discharge
of pollutants;
(b) that did not
commence the discharge of pollutants at a particular site prior to August 13,
1979;
(c) which is not a new
source; and
(d) which has never
received a finally effective MPDES permit for discharges at that site. This
definition includes an indirect discharger which commences discharging into
state waters after August 13, 1979.
(49) "New source" means
any building, structure, facility, or installation from which there is or may
be a discharge of pollutants, the construction of which commenced:
(a) after promulgation of standards of
performance under section 306 of the federal Clean Water Act which are
applicable to such source;
(b)
after proposal of standards of performance in accordance with section 306 of
the federal Clean Water Act which are applicable to such source, but only if
the standards are promulgated in accordance with section 306 within 120 days of
their proposal; or
(c) after the
publication of proposed pretreatment standards under section 307(c) of the
federal Clean Water Act which will be applicable to such source if such
standards are thereafter promulgated with that section, provided that:
(i) the building, structure, facility, or
installation is constructed at a site at which no other source is
located;
(ii) the building,
structure, facility, or installation totally replaces the process or production
equipment that causes the discharge of pollutants at an existing source;
or
(iii) the production or
wastewater generating processes of the building, structure, facility, or
installation are substantially independent of an existing source at the same
site. In determining whether these are substantially independent, factors such
as the extent to which the new facility is integrated with the existing plant,
and the extent to which the new facility is engaged in the same general type of
activity as the existing source should be considered.
(d) construction on a site at which an
existing source is located results in a modification rather than a new source
if the construction does not create a new building, structure, facility, or
installation meeting the criteria of (c)(ii) or (iii) but otherwise alters,
replaces, or adds to existing process or production equipment.
(e) construction of a new source as defined
under this section has commenced if the owner or operator has:
(i) begun, or caused to begin as part of a
continuous on-site construction program;
(A)
any placement, assembly, or installation of facilities or equipment;
or
(B) significant site preparation
work including clearing, excavation, or removal of existing buildings,
structures, or facilities which is necessary for the placement, assembly, or
installation of new source facilities or equipment; or
(ii) entered into a binding contractual
obligation for the purchase of facilities or equipment which are intended to be
used in its operation within a reasonable time. Options to purchase or
contracts which can be terminated or modified without substantial loss, and
contracts for feasibility, engineering, and design studies do not constitute a
contractual obligation under this section.
(50) "Owner or operator" means any person who
owns, leases, operates, controls, or supervises a point source.
(51) "Permit" means an authorization or
license issued by EPA or an "approved state" to implement the requirements of
this rule and 40 CFR Parts
123 and
124. "Permit" includes an NPDES "general
permit" (ARM
17.30.1341). Permit does not include any permit which has not yet
been the subject of final agency action, such as a "draft permit" or a
"proposed permit."
(52) "Person"
means any individual, partnership, firm, association, state, interstate body,
municipality, public or private corporation, subdivision, or agency of the
state, trust, estate, federal agency, or any other legal entity, or an agent or
employee thereof.
(53) "Pesticide
discharges from pesticide application" means the discharges that result from
the application of biological pesticides, and the application of chemical
pesticides that leave a residue, from point sources into surface water. In the
context of this definition, this does not include agricultural storm water
discharges and return flows from irrigated agriculture.
(54) "Pesticide residue" means that portion
of a pesticide application that is discharged from a point source into surface
water and no longer provides pesticidal benefits. It also includes any
degradates of the pesticide.
(55)
"Point source" means any discernible, confined, or discrete conveyance,
including, but not limited to, any pipe, ditch, channel, tunnel, conduit, well,
discrete fissure, container, rolling stock, concentrated animal feeding
operation, landfill leachate collection system, vessel, or other floating
craft, from which pollutants are or may be discharged. This term does not
include return flows from irrigated agriculture or agricultural storm water
runoff.
(56) "Pollutant" means
dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage
sludge, munitions, chemical wastes, biological materials, radioactive
materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, and
industrial, municipal, and agricultural wastes discharged into water. The terms
"sewage," "industrial waste," and "other wastes" as defined in
75-5-103, MCA, are interpreted as
having the same meaning as pollutant.
(57) "Pretreatment standards" means the
standards promulgated by the EPA and set forth in 40 CFR Part
403 and 40 CFR
chapter 1, subchapter
N.
(58)
"Primary industry category" means any industry category listed in Appendix A of
40 CFR Part
122.
(59) "Privately
owned treatment works" means any device or system which is:
(a) used to treat wastes from any facility
whose operator is not the operator of the treatment works; and
(b) not a publicly owned treatment
works.
(60) "Process
wastewater" means any water which, during manufacturing or processing, comes
into direct contact with or results from the production or use of any raw
material, intermediate product, finished product, byproduct, or waste
product.
(61) "Proposed permit"
means an MPDES permit prepared after the close of the public comment period
(and, when applicable, any public hearing) which is sent to the department for
review before final issuance by the department. A proposed permit is not a
draft permit.
(62) "Publicly owned
treatment works" (POTW) means any device or system used in the treatment
(including recycling and reclamation) of municipal sewage or industrial wastes
of a liquid nature which is owned by a state or municipality. This definition
includes:
(a) sewers, pipes, or other
conveyances only if they convey wastewater to a POTW providing treatment;
and
(b) a city, town, county,
district, or other political subdivision created by or under state law, that
has jurisdiction over indirect discharges to and the discharges from a
treatment works.
(63)
"Recommencing discharger" means a source which recommences discharge after
terminating operations.
(64)
"Regional administrator" means the administrator of Region VIII of EPA, which
has jurisdiction over federal water pollution control activities in the state
of Montana.
(65) "Rock crushing and
gravel washing facilities" means facilities which process crushed and broken
stone, gravel, and riprap.
(66)
"Schedule of compliance" means a schedule of remedial measures included in a
permit, including an enforceable sequence of interim requirements (for example,
actions, operations, or milestone events) leading to compliance with the Act
and requirements thereunder.
(67)
"Severe property damage" means substantial physical damage to property, damage
to the treatment facilities which causes them to become inoperable, or
substantial and permanent loss of natural resources which can reasonably be
expected to occur in the absence of a bypass. Severe property damage does not
mean economic loss caused by delays in production.
(68) "Sewage sludge" means the solids,
residues, and precipitate separated from or created in sewage by the unit
processes of a publicly owned treatment works. "Sewage" as used in this
definition means any wastes, including wastes from humans, households,
commercial establishments, industries, and storm water runoff, that are
discharged to or otherwise enter a publicly owned treatment works.
(69) "Sewage system" means any device for
collecting or conducting sewage, industrial wastes, or other wastes to an
ultimate disposal point.
(70)
"Silvicultural point source" means any discernible, confined, and discrete
conveyance related to:
(a) rock crushing and
gravel washing (defined in (51)), or
(b) log sorting or log storage facilities
(defined in (29)) which is operated in connection with silvicultural activities
and from which pollutants are discharged into state waters. The term does not
include non-point source silvicultural activities such as nursery operations,
site preparation, reforestation and subsequent cultural treatment, thinning,
prescribed burning, pest and fire control, harvesting operations, surface
drainage, or road construction and maintenance from which there is natural
runoff. However, some of these activities (such as stream crossing for roads)
may involve point source discharges of dredged or fill material which may
require a section 404 permit under the federal Clean Water Act.
(71) "Site" means the land or
water area where any facility or activity is physically located or conducted,
including adjacent land used in connection with the facility or
activity.
(72) "Source" means any
building, structure, facility, or installation from which there is or may be a
discharge of pollutants.
(73)
"Source water" means the state water body (state surface waters) from which the
cooling water is drawn.
(74) "State
waters" means any body of water, irrigation system, or drainage system, either
surface or underground. This subchapter does not apply to irrigation waters
where the waters are used up within the irrigation system and said waters are
not returned to any other state waters.
(76) "Storm water discharge associated with
an industrial activity" is defined in
40 CFR
122.26(b)(14).
(77) "Storm water discharge associated with
small construction activity" is defined in
40 CFR
122.26(b)(15).
(78) "Total dissolved solids" means the total
dissolved (filterable) solids as determined by use of the method specified in
40 CFR Part
136.
(79) "Toxic
pollutant" means any pollutant designated by EPA under section 307(a)(1) of the
federal Clean Water Act and listed in
40 CFR
401.15.
(80) "Treatment works" means any works
installed for treating or holding sewage, industrial wastes, or other
wastes.
(81) "Upset" means an
exceptional incident in which there is unintentional and temporary
noncompliance with technology-based permit effluent limitations because of
factors beyond the reasonable control of the permittee. An upset does not
include noncompliance to the extent caused by operational error, improperly
designed treatment facilities, inadequate treatment facilities, lack of
preventive maintenance, or careless or improper operation.
(83) "Whole effluent
toxicity" means the aggregate toxic effect of an effluent measured by a
toxicity test.