South Carolina Code of Regulations
Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL
Subchapter 61-9 - Water Pollution Control Permits
Subchapter 61-9.129 - TOXIC POLLUTANT EFFLUENT STANDARDS
Part A - TOXIC POLLUTANT EFFLUENT STANDARDS AND PROHIBITIONS
Section 61-9.129.A.2 - Definitions

(a) "Air emissions" means the release or discharge of a toxic pollutant by an owner or operator into the ambient air either (1) by means of a stack or (2) as a fugitive dust, mist, or vapor as a result inherent to the manufacturing or formulating process.

(b) "Ambient water criterion" means that concentration of a toxic pollutant in the waters of the State that, based upon available data, will not result in adverse impact in important aquatic life, or on consumers of such aquatic life, after exposure of that aquatic life for periods of time exceeding 96 hours and continuing at least through one reproductive cycle; and will not result in a significant risk of adverse health effects in a large human population based on available information such as mammalian laboratory toxicity data, epidemiological studies of human occupational exposures, or human exposure data, or any other relevant data.

(c) "Construction" means any placement, assembly, or installation of facilities or equipment (including contractual obligations to purchase such facilities or equipment) at the premises where such equipment will be used, including preparation work at such premises.

(d) "Effluent standard" means, for purposes of 307, the equivalent of effluent limitation as that term is defined in section502(11)(11) of the CWA with the exception that it does not include a schedule of compliance.

(e) "Existing Source" means any source which is not a new source as defined in this section.

(f) "Fugitive dust, mist, or vapor" means dust, mist or vapor containing a toxic pollutant regulated under this Part which is emitted from any source other than through a stack.

(g) "Manufacturer" means any establishment engaged in the mechanical or chemical transformation of materials or substances into new products including but not limited to the blending of materials such as pesticidal products, resins, or liquors.

(h) "New Source" means any source discharging a toxic pollutant, the construction of which is commenced after proposal of an effluent standard or prohibition applicable to such source if such effluent standard or prohibition is thereafter promulgated in accordance with section307 of CWA.

(i) "Owner or operator" means any person who owns, leases, operates, controls, or supervises a source as defined above.

(j) "Permit" means a permit for the discharge of pollutants into waters of the State under the National Pollutant Discharge Elimination System established by Section402 of the CWA, the PCA, and implemented in regulations in R.61-9.124 and R.61-9.125.

(k) "Process Wastes" means any designated toxic pollutant, whether in wastewater or otherwise present, which is inherent to or unavoidably resulting from any manufacturing process, including that which comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, by-product or waste product and is discharged into the waters of the state.

(l) "Prohibited" means that the constituent shall be absent in any discharge subject to these standards, as determined by any analytical method.

(m) "Source" means any building, structure, facility, or installation from which there is or may be the discharge of toxic pollutants designated as such by the Administration under section307(a)(1)(a)(1) of the CWA.

(n) "Stack" means any chimney, flue, conduit, or duct arranged to conduct emissions to the ambient air.

(o) "Ten year 24-hour rainfall event" means the maximum precipitation event with a probable recurrence interval of once in 10 years as defined by the National Weather Service in technical paper No. 40, "Rainfall Frequency Atlas of the United States," May 1961, and subsequent amendments or equivalent regional or State rainfall probability information developed therefrom.

(p) "Working day" means the hours during a calendar day in which a facility discharges effluents subject to this regulation.