Section 327IAC3-1-2. Definitions

   In addition to the definitions contained in IC 13-11-2 and 327 IAC 1, the following definitions apply:

(1) "Clean Water Act" means the Federal Water Pollution Control Act, 33 U.S.C. 1251 et seq., in effect on January 1, 1989, and amended on December 16, 1996*.

(2) "Combined sewer" means a wastewater collection sewer-owned by the state or a municipality (as defined by Section 502(4) of the Clean Water Act*) which has been designed and constructed to convey sanitary wastewaters (domestic, commercial, or industrial wastewaters) and storm water through a single pipe system to a publicly owned treatment works (POTW) treatment plant.

(3) "Cyanide isolation facility" means any facility consisting of curbs, pits, drains, tanks, etc., that provides protection for cyanide solutions and compounds and prevents their release to waters of the state.

(4) "Discharge" or "direct discharge", when used without qualification, means a discharge of a pollutant.

(5) "Discharge of a pollutant" means any addition of any pollutant, or combination of pollutants, into any waters of the state of Indiana from a point source in Indiana. The term includes, without limitation, additions of pollutants into waters of the state from surface run-off which is collected or channeled by man and discharges through pipes, sewers, or other conveyances which lead either to no treatment works or to treatment works privately owned and operated by persons other than the discharger.

(6) "Dwelling" means any permanent structure which people inhabit on a regular or seasonal basis.

(7) "Effluent limitation" means any restriction established by the commissioner on quantities, discharge rates, and concentrations of pollutants that are discharged or will be discharged from point sources into waters of the state of Indiana.

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

(9) "Experimental water pollution control equipment" means any equipment, device, unit, or structure that is installed on a temporary basis in order to determine the capability, capacity, or efficiency of a treatment technology.

(10) "House connection" means the pipe carrying the wastewater from a single-family dwelling to a common public sewer.

(11) "Industrial water treatment facility" means any equipment, device, unit, structure, or sewer that is used to treat water for use or reuse as industrial process water.

(12) "National pollutant discharge elimination system", also referred to as "NPDES", means the national program for issuing, modifying, revoking and reissuing, terminating, denying, monitoring, and enforcing permits for the discharge of pollutants from point sources and imposing and enforcing pretreatment requirements by the Environmental Protection Agency or the commissioner pursuant to Sections 307, 318, 402, and 405 of the CWA*.

(13) "Permit" means any written authorization, license, or equivalent document issued to regulate the discharge of pollutants, the construction of water pollution treatment/control facilities, or land application of sludge or waste products.

(14) "Point source" means any discernible, confined, and discrete conveyance, including, but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, or vessel or other floating craft from which pollutants are or may be discharged. The term does not include return flows from irrigated agriculture.

(15) "Pollutant" means, but is not necessarily limited to, dredged spoil, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, chemical wastes, solid wastes, toxic wastes, hazardous substances, biological materials, radioactive materials (except those regulated under the Atomic Energy Act of 1954, as amended, 42 U.S.C. 2011, et seq.), heat, wrecked, or discarded equipment, rock, sand, cellar dirt, and other industrial, municipal, and agricultural waste discharged into water.

(16) "Publicly owned treatment works" or "POTW" means a treatment works as defined by Section 212(2) of the CWA* which is owned by the state or a municipality (as defined by Section 502(4) of the CWA*), except that it does not include pipes, sewers, or other conveyances not connected to a facility providing treatment. The term includes any devices and systems used in the storage, treatment, recycling, and reclamation of municipal sewage or compatible industrial wastes. The term also means the municipality, as defined by Section 502(4) of the CWA*, which has jurisdiction over the indirect discharges to and the discharges from such a treatment works.

(17) "Sanitary sewer" means a sewer that conveys liquid and water-carried wastes from residences, commercial buildings, industrial plants, and institutions, and to which storm, surface, and ground waters are not intentionally allowed to enter.

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

(19) "Sludge" means any solid, semisolid, or liquid waste generated from municipal, industrial, commercial, mining, or agricultural operations, water pollution treatment/control facilities, air pollution control facilities, or water supply treatment plants, exclusive of the treated effluent from a water pollution treatment facility.

(20) "Storm sewer" means a sewer which is designed to carry only storm water but excludes other liquid and water-carried wastes.

(21) "Storm water" means water resulting from rain, melting or melted snow, hail, or sleet.

(22) "Toxic pollutant" means any pollutant listed as toxic under Section 307(a)(1) of the CWA*.

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

(24) "Water pollution treatment/control facility" means any equipment, device, unit, or structure at a site that is used to control, prevent, pretreat, or treat any discharge or threatened discharge of pollutants into any waters of the state of Indiana including public or private sewerage systems.

  *The Clean Water Act, 33 U.S.C.A. 1251 to 33 U.S.C.A. 1387, is available for copying at the Indiana Department of Environmental Management, Office of Water Quality, Indiana Government Center-North, 100 North Senate Avenue, Room N1255, Indianapolis, Indiana 46204. (Water Pollution Control Division; 327 IAC 3-1-2; filed Sep 24, 1987, 3:00 p.m.: 11 IR 606; filed May 17, 1999, 12:11 p.m.: 22 IR 3080; errata filed Dec 1, 2000, 5:25 p.m.: 24 IR 1033; readopted filed Jan 10, 2001, 3:23 p.m.: 24 IR 1518; errata filed Apr 10, 2006, 2:46 p.m.: 29 IR 2547; readopted filed Nov 21, 2007, 1:16 p.m.: 20071219-IR-327070553BFA; readopted filed Jul 29, 2013, 9:21 a.m.: 20130828-IR-327130176BFA)