Indiana Administrative Code, Rule 1.3, Section 1.3-2 - Definitions | Indiana Administrative Code

(1) "Approved alternate mixing zone volume for Lake Michigan" means the volume associated with an alternate mixing zone for Lake Michigan established according to 327 IAC 5-2-11.4(b)(6) and 327 IAC 5-2-11.4(b)(7).

(2) "Available loading capacity" is expressed as a regulated pollutant mass loading rate, per twenty-four (24) hour period, for the waterbody in that area where the water quality is proposed to be lowered, and means the difference between the total loading capacity and the used loading capacity.

(3) "Best available demonstrated control technology" or "BADCT" means wastewater treatment capable of meeting the technology-based effluent limit (TBEL) under 327 IAC 5-5-2 that represents the best cost-effective treatment technology that is readily available.

(4) "Best management practices" or "BMPs" means the following measures to prevent or reduce the pollution of surface waters of the state:

(A) Schedules of activities.

(B) Prohibitions of practice.

(C) Treatment requirements.

(D) Operation and maintenance procedures.

(E) Use of containment facilities.

(F) Other management practices.

BMPs may be employed to control events such as plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage resulting from manufacturing, commercial, mining, or silvicultural activities.

(5) "Bioaccumulation" means the net accumulation of a substance by an organism as a result of uptake from all environmental sources.

(6) "Bioaccumulation factor" or "BAF" means the ratio in liters per kilogram of the concentration of a substance in the tissue of an aquatic organism to its concentration in the ambient water in situations where:

(A) both the organism and its food are exposed; and

(B) the ratio does not change substantially over time.

(7) "Bioaccumulative chemical of concern" or "BCC" has the meaning set forth in 327 IAC 2-1-9 and 327 IAC 2-1.5-6.

(8) "Board" means the environmental rules board established under IC 13-13-8.

(9) "CERCLA" has the meaning set forth at IC 13-11-2-24.

(10) "Clean Water Act" or "CWA" has the meaning set forth at IC 13-11-2-29.

(11) "Combined sewer" means a sewer designed and employed to receive both of the following:

(A) Water-carried or liquid wastes.

(B) Storm or surface water.

(12) "Commissioner" has the meaning set forth at IC 13-11-2-35.

(13) "Criterion" means a definite numerical value or narrative statement promulgated by the board, to maintain or enhance water quality to provide for and fully protect designated uses of the surface waters of the state.

(14) "Degradation" means, for purposes of an antidegradation demonstration, the following:

(A) For an ONRW, any new or increased loading of a regulated pollutant, except for a short-term, temporary increase as described under section 4(a) of this rule.

(B) For an HQW, including an OSRW, but excluding an ONRW, any new or increased loading of a regulated pollutant, except as provided under section 4 of this rule, to a surface water of the state, that results in a significant lowering of water quality for that regulated pollutant.

(15) "Department" has the meaning set forth at IC 13-11-2-51.

(16) "Designated uses" means those uses specified in the water quality standards at:

(A) 327 IAC 2-1-3; and

(B) 327 IAC 2-1.5-5; for each waterbody, whether or not they are being attained.

(17) "Draft permit" means a document prepared by the commissioner under 327 IAC 5-3-6 before the public comment period, indicating the commissioner's tentative decision to:

(A) issue or deny;

(B) modify;

(C) revoke and reissue;

(D) terminate; or

(E) reissue; a permit.

(18) "Effluent" means a wastewater discharge from a point source to the surface waters of the state.

(19) "Effluent limitation" means any restriction established by the commissioner on:

(A) quantities;

(B) discharge rates; and

(C) concentrations; of pollutants that are discharged, or will be discharged, from point sources into surface waters of the state.

(20) "Endangered or threatened species" means the following:

(A) Species and designated critical habitat listed as endangered or threatened under 50 CFR 17.11 * and 50 CFR 17.12 *.

(B) Species listed as state endangered by the Indiana department of natural resources under the following:

(i) 312 IAC 9-3-19.

(ii) 312 IAC 9-4-14.

(iii) 312 IAC 9-5-4.

(iv) 312 IAC 9-6-9.

(v) 312 IAC 9-9-4.

(C) State endangered or threatened species identified in the Natural Resources Commission Information Bulletin #2 as approved by the Indiana Natural Resources Commission.**

(21) "Existing uses" means those uses actually attained in the waterbody on or after November 28, 1975, whether or not they are included under 327 IAC 2-1-3 or 327 IAC 2-1.5-5.

(22) "Governmental entity" has the meaning set forth at IC 13-11-2-90.

(23) "Great Lakes" means the following in Indiana:

(A) Lake Erie.

(B) Lake Michigan.

(24) "High quality water" or "HQW" means a waterbody, including an ONRW or OSRW, where the quality of the surface water exceeds levels necessary to support propagation of fish, shellfish, and wildlife and recreation in and on the water, on a pollutant by pollutant basis. The term includes any waterbody for which the pollutant has not been detected in:

(A) the water column; and

(B) nontransient aquatic organisms;

at levels that would indicate that a water quality criterion is not being met.

(25) "Indirect discharger" means a discharger introducing nondomestic waste pollutants into a POTW.

(26) "Lake Michigan" means the Indiana portion of the open waters of Lake Michigan.

(27) "Legislative body" means any of the following:

(A) For a county not subject to IC 36-2-3.5 or IC 36-3-1, a board of county commissioners.

(B) For a county subject to IC 36-2-3.5, a county council.

(C) For a consolidated city or a county having a consolidated city, a city council.

(D) For a city other than a consolidated city, a common council.

(E) For a town, a town council.

(F) For a township, a township board.

(28) "Mixing zone" means an area contiguous to a discharge, where the discharge mixes with the receiving water or waters. Where the quality of the effluent is lower than that of the receiving water, it may not be possible to attain all designated uses within the mixing zone that are attained outside the zone. The mixing zone should not be considered a place where effluents are treated.

(29) "National Pollutant Discharge Elimination System" or "NPDES" means the national program for:

(A) issuing;

(B) modifying;

(C) revoking and reissuing;

(D) terminating;

(E) denying;

(F) monitoring; and

(G) enforcing;

permits for the discharge of pollutants from point sources, and imposing and enforcing pretreatment requirements by U.S. EPA or an authorized state under Sections 307, 318, 402, and 405 of the CWA. The term includes a state program approved by U.S. EPA under 40 CFR 123.

(30) "Open waters of Lake Michigan" means the following:

(A) The waters within Lake Michigan lakeward, from a line drawn across the mouth of tributaries to the lake, including all surface waters enclosed by constructed breakwaters.

(B) For the Indiana Harbor Ship Canal, the boundary of the open waters of Lake Michigan is delineated by a line drawn across the mouth of the harbor from the East Breakwater Light (2016 United States Coast Guard Light List No. 19675) to the northernmost point of the shore line along the west side of the harbor.

(31) "Outstanding national resource water" or "ONRW" has the meaning set forth at IC 13-11-2-149.5.

(32) "Outstanding state resource water" or "OSRW" has the meaning set forth at IC 13-11-2-149.6.

(33) "Parameter" means a quantitative or characteristic element that describes:

(A) physical;

(B) chemical; or

(C) biological; conditions of water.

(34) "Permit" has the meaning set forth at IC 13-11-2-157.

(35) "Permittee" means the holder of a permit.

(36) "Person" has the meaning set forth at IC 13-11-2-158(a).

(37) "Point source" means any discernible, confined, and discrete conveyance, including any of the following from which pollutants are, or may be, discharged:

(A) A pipe.

(B) A ditch.

(C) A channel.

(D) A tunnel.

(E) A conduit.

(F) A well.

(G) A discrete fissure.

(H) A container.

(I) Rolling stock.

(J) A concentrated animal feeding operation.

(K) A landfill leachate collection system.

(L) A vessel.

(M) Any other floating craft.

The term does not include return flows from irrigated agriculture or agricultural storm runoff.

(38) "Pollutant" means any of the following when discharged into water:

(A) Dredged spoil.

(B) Solid waste.

(C) Incinerator residue.

(D) Filter backwash.

(E) Sewage.

(F) Garbage.

(G) Sewage sludge.

(H) Munitions.

(I) Chemical wastes.

(J) Biological materials.

(K) Radioactive materials.

(L) Heat.

(M) Wrecked or discarded equipment.

(N) Rock.

(O) Sand.

(P) Cellar dirt.

(Q) Industrial, municipal, or agricultural waste.

(39) "Pollution prevention" has the meaning set forth at IC 13-11-2-166.

(40) "Privately owned treatment works" means any device or system:

(A) including recycling and reclamation, used in the treatment of:

(i) municipal sewage; or

(ii) industrial wastes; and

(B) that is not a POTW.

(41) "Publicly owned treatment works" or "POTW" has the meaning set forth at 327 IAC 5-1.5-48.

(42) "RCRA" means the Resource Conservation and Recovery Act, 42 U.S.C. 6901 through 42 U.S.C. 6992k.

(43) "Regulated pollutant" means any:

(A) parameter of a pollutant as defined in subdivision (38):

(i) for which water quality criteria have been adopted in or developed pursuant to 327 IAC 2-1 or 327 IAC 2-1.5;

(ii) including:

(AA) narrative and numeric criteria; and

(BB) nutrients, specifically phosphorus and nitrogen; and

(iii) excluding:

(AA) biological criteria;

(BB) pH; and

(CC) dissolved oxygen; and

(B) other parameter of a pollutant as defined in subdivision (38) that may be limited in an NPDES permit as a result of:

(i) best professional judgment;

(ii) new source performance standards;

(iii) best conventional pollutant control technology;

(iv) best available technology economically achievable; or

(v) best practicable control technology currently available; for the appropriate categorical guidelines of 40 CFR 400 to 40 CFR 471.

(44) "Representative background concentration" means a value based upon a data set and determined according to 327 IAC 5-2-11.4(a)(8).

(45) "Representative background loading rate" means the product of the representative background concentration multiplied by either the:

(A) approved alternate mixing zone volume for Lake Michigan; or

(B) stream design flow.

(46) "Sanitary sewer" means a sewer to which storm, surface, and ground waters are not intentionally allowed to enter, and that conveys liquid and water-carried wastes from the following:

(A) Residences.

(B) Commercial buildings.

(C) Industrial plants.

(D) Institutions.

(47) "Sanitary wastewater" means the liquid and water-carried waste from:

(A) residences;

(B) commercial buildings;

(C) industrial plants;

(D) institutions; and

(E) other places of human occupancy;

that is transported by sewers and is primarily composed of human and household waste. Sanitary wastewater, as received by a POTW, may contain a component of industrial waste.

(48) "Sewage" has the meaning set forth at IC 13-11-2-200.

(49) "Sewer" means a pipe or conduit that carries wastewater or drainage water.

(50) "Significant lowering of water quality" means:

(A) there is a new or increased loading of a regulated pollutant to a surface water of the state, that results in an increase in the ambient concentration of the regulated pollutant, and the increased loading is greater than a de minimis lowering of water quality; and

(B) none of the provisions of section 4 of this rule applies.

(51) "Stream design flow" means the stream flow that represents critical conditions, upstream from the source as defined in 327 IAC 5-2-11.1(b) and 327 IAC 5-2-11.4(b)(3), for protection of:

(A) aquatic life;

(B) human health; or

(C) wildlife.

(52) "Total loading capacity" is expressed as a regulated pollutant mass loading rate per twenty-four (24) hour period for the waterbody in the area where the water quality is proposed to be lowered, and means the product of the applicable water quality criterion multiplied by the sum of:

(A) the existing effluent flow;

(B) the proposed new or increased effluent flow; and

(C) either:

(i) the approved alternate mixing zone volume for Lake Michigan; or

(ii) the stream design flow.

(53) "Toxic substances" means substances that are, or may become, harmful to:

(A) aquatic life;

(B) humans;

(C) other animals;

(D) plants; or

(E) food chains;

when present in sufficient concentrations or combinations. The term includes those substances identified as toxic under Section 307(a)(1) of the CWA.

(54) "Unit of government" means a:

(A) county;

(B) municipality;

(C) township; or

(D) state.

(55) "Used loading capacity" is expressed as a regulated pollutant mass loading rate per twenty-four (24) hour period for the waterbody in the area where the water quality is proposed to be lowered, and means the sum of:

(A) the representative background loading rate over a twenty-four (24) hour period; and

(B) the monthly average mass-based effluent limitations contained in the existing permit.

(56) "Wastewater" means liquid or water-carried wastes from industrial, municipal, agricultural, or other sources.

(57) "Water quality standard" means a state or federal law or regulation consisting of:

(A) a designated use or uses;

(B) water quality criteria; and

(C) an antidegradation policy and implementation procedure.

(58) "Waters" or "waters of the state" has the meaning set forth in IC 13-11-2 -265.

(59) "Watershed" has the meaning set forth in IC 14-8-2-310.

(60) "Whole effluent toxicity" or "WET" means the aggregate toxic effect of an effluent measured directly by a toxicity test performed in accordance with the approved methodologies under 40 CFR Part 136.

*These documents are incorporated by reference. Copies may be obtained from the Government Publishing Office, www.gpo.gov, or are available for review at the Indiana Department of Environmental Management, Office of Legal Counsel, Indiana Government Center North, 100 North Senate Avenue, Thirteenth Floor, Indianapolis, Indiana 46204.

**The Natural Resources Commission Information Bulletin #2 can be found at www.in.gov\dnr\fishwild.

Indiana Administrative CodeTitle 327 - WATER POLLUTION CONTROL DIVISIONArticle 2 - WATER QUALITY STANDARDSRule 1.3 - Antidegradation Standards and Implementation ProceduresSection 1.3-2 - Definitions

Indiana Administrative Code
Title 327 - WATER POLLUTION CONTROL DIVISION
Article 2 - WATER QUALITY STANDARDS
Rule 1.3 - Antidegradation Standards and Implementation Procedures
Section 1.3-2 - Definitions