15A NCAC 02H .0103       DEFINITION OF TERMS

The terms used in this Section shall be as defined in G.S. 143‑213 and as follows:

(1)           "Authorization to Construct" means a permit required for the construction of water pollution control facilities necessary to comply with the terms and conditions of an NPDES permit.

(2)           "Certificate of Coverage" means the approval given dischargers that meet the requirements of coverage under a general permit.

(3)           "Commission" means the Environmental Management Commission.

(4)           "Committee" means the NPDES committee of the Environmental Management Commission.

(5)           "Decontamination" means the physical or chemical process of reducing contamination and preventing the spread of contamination from persons and equipment at biological or chemical agent incidents.

(6)           "Department" means the Department of Environment and Natural Resources.

(7)           "Director" means the Director of the Division of Water Quality, Department of Environment and Natural Resources or his designee.

(8)           "Discharges associated with biological or chemical decontamination" means the wastewater that is produced during activities intended to reduce potential biological or chemical contaminants and that are performed under the specific conditions listed in 15A NCAC 02H .0106(f)(11).

(9)           "Division" means the Division of Water Quality, Department of Environment and Natural Resources.

(10)         "EPA" means the United States Environmental Protection Agency.

(11)         "Existing", with respect to implementing the NPDES permitting program, means:

(a)           Facilities which physically exist and have been legally constructed, i.e., health department or other agency approval or constructed prior to any regulatory requirements.

(b)           Facilities which have received an NPDES Permit and have received an Authorization to Construct and have constructed or begun significant construction of any wastewater treatment facilities within the term of the current permit.

(c)           Facilities which have received a phased NPDES Permit and have received an Authorization to Construct for a phase of the permitted flow and have constructed or begun significant construction of the phased wastewater treatment facilities.

For the purpose of this definition, significant construction shall be considered as more than a token or nominal investment of money or other resources in the actual construction of the wastewater treatment facility, based on the facility size, complexity, cost and the required construction time for completion.

(12)         "General Permit" means a  "permit" issued under G.S. 143‑215.1(b)(3) and (4) and 40 CFR 122.28 authorizing a category of similar discharges to surface waters.

(13)         "Mine dewatering" means discharges of uncontaminated infiltrate and stormwater from mine excavation and the water that is removed to lower the water table to allow mining in an area.

(14)         "Municipality" means a city, town, borough, county, parish, district, or other public body created by or under State law.

(15)         "NPDES Permit" means a National Pollutant Discharge Elimination System permit required for the operation of point source discharges in accordance with the requirements of Section 402 of the Federal Water Pollution Control Act, 33 U.S.C. Section 1251 et seq.

(16)         "New", with respect to implementing the NPDES permitting program, means:

(a)           Proposed facilities that do not have a NPDES Permit nor have any facilities constructed.

(b)           Facilities which physically exist, however are illegally constructed, i.e., no required agency approvals.

(c)           Facilities which have received an NPDES Permit and have received an Authorization to Construct but have not begun significant construction of any wastewater treatment facilities within the term of the current permit.

Any increases in treatment plant hydraulic capacity, which has not received an Authorization to Construct shall be considered new and new effluent limitations and other requirements, if applicable, would be imposed for the entire facility.

For the purpose of this definition, significant construction shall be considered as more than a token or nominal investment of money or other resources in the actual construction of the wastewater treatment facility, based on the facility size, complexity, cost and the required construction time for completion.

(17)         "New Source" means any industrial installation, from which there may be a discharge, the construction or modification of which is commenced on or after the date of publication of new source performance standards or pretreatment standards for new sources by the Environmental Protection Agency.

(18)         "New Source Performance Standards" means those standards of performance applied to industrial discharges defined as new sources.

(19)         "Notice of Intent" means formal written notification to the Division that a discharge, facility or activity is intended to be covered by a general permit and takes the place of "application" used with individual permits.

(20)         "Oil terminal storage facilities" means petroleum bulk storage, product transfer, loading, unloading, and related areas but does not include marinas or facilities primarily engaged in the retail sale of petroleum products.  Oil/water separators such as those at maintenance garages, gas stations, and National Guard and military reserve facilities are included in this definition.

(21)         "Once‑through non‑contact cooling water" means water taken from wells, surface waters, or water supply systems and used in a non‑contact cooling system without the addition of biocides or other chemical additives.  Boiler blowdown waters are included in this definition.  Nuclear and fossil fuel electric generating plants are not included in this definition.

(22)         "Point Source Discharge" means any discernible, confined, and discrete conveyance, including, but specifically not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, or concentrated animal‑feeding operation from which wastes are or may be discharged to the surface waters of the State.

(23)         "POTW" means Publicly Owned Treatment Works.

(24)         "Pretreatment standard" means any regulation containing pollutant discharge limits for indirect dischargers for ensuring compliance with Section 307(b) and (c) of the Clean Water Act, 33 U.S.C. Section 1251 et seq.  This term includes prohibited discharge limits and local sewer use ordinance limits.

(25)         "Primary industry" means an industry listed in 40 CFR 122, Appendix A which is hereby incorporated by reference including any subsequent amendments.  Copies of this publication are available from the Government Institutes. Inc., 4 Research Place, Suite 200, Rockville, MD 20850‑1714 for a cost of thirty‑six ($36.00) each plus four dollars ($4.00) shipping and handling.  Copies are also available at the Division of Water Quality, Archdale Building, 512 N. Salisbury Street, Raleigh, North Carolina 27604.

(26)         "Professional Engineer" means a person who is presently registered and licensed as a professional engineer by the North Carolina State Board of Registration For Professional Engineers and Land Surveyors.

(27)         "Sand dredge" means a facility to remove sand from river bottoms.  No other mining activities are included in this definition.

(28)         "Seafood packing facility" means a business which is engaged in the sorting and packing of fresh seafood and which has a discharge consisting entirely of washdown and rinse water.  Trout packing facilities are included in this definition.  Wastewaters from seafood processing plants are not included in this definition.

(29)         "Seafood processing facility" means a business which is engaged in the removal of heads, entrails, fins or scales, filleting, cooking, canning, or preparation of fresh seafood.

(30)         "Staff" means the staff of the Division of Water Quality, Department of Environment and Natural Resources.

(31)         "Stormwater" is defined in G.S. 143, Article 21.

(32)         "Swimming pool filter backwash" means normal filter backwash water from both public and private swimming pools as well as spas with backwash filter facilities.

(33)         "Tourist Gem Mine" means a business which is engaged in the recreational practice of removing gems and semi-precious stones from mined material.

(34)         "Trout farm" means a facility for the commercial production of trout.

(35)         "Water filtration facility" means backwash filters and sludge disposal systems associated with water treatment plants and backwash filters associated with wells.

 

History Note:        Authority G.S. 106-399.4; 143‑215.1(a); 143‑215.3(a)(1);

Eff. February 1, 1976;

Amended Eff. September 1, 1995; March 1, 1993; August 3, 1992; August 1, 1991;

Temporary Amendment Eff. May 11, 2001;

Temporary Amendment Expired on February 26, 2002;

Amended Eff. April 1, 2003.