Section 310.110  Definitions

 

"Act" means the Environmental Protection Act [415 ILCS 5].

 

"Agency" means the Illinois Environmental Protection Agency.

 

"Approval Authority" means the Agency.

BOARD NOTE:  Derived from 40 CFR 403.3(c) (2005).

 

"Approved POTW pretreatment program" or "program" or "POTW pretreatment program" means a program administered by a POTW that has been approved by the Agency in accordance with Sections 310.541 through 310.546.

BOARD NOTE:  Derived from 40 CFR 403.3(d) (2005).

 

"Authorization to discharge" means an authorization issued to an industrial user by a POTW that has an approved pretreatment program.  The authorization may consist of a permit, license, ordinance, or other mechanism as specified in the approved pretreatment program.

 

"Best management practices" or "BMPs" means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in Sections 310.201(a) and (c) and 310.202.  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 materials storage.

BOARD NOTE:  Derived from 40 CFR 403.3(e), as added at 70 Fed. Reg. 60134 (Oct. 14, 2005).

 

"Blowdown" means the minimum discharge of recirculating water for the purpose of discharging materials contained in the water, the further buildup of which would cause concentration in amounts exceeding limits established by best engineering practice.

BOARD NOTE:  Derived from 40 CFR 401.11(p) (2005).

 

"Board" means the Illinois Pollution Control Board.

 

"CWA" means Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, incorporated by reference in Section 310.107.

BOARD NOTE:  Derived from 40 CFR 403.3(b) (2005).

 

"Control Authority " refers to the appropriate of the following:

 

The POTW, if the POTW's pretreatment program submission has been approved in accordance with the requirements of Section 310.540 through 310.546; or

 

The Agency, if the submission has not been approved.

 

BOARD NOTE:  Derived from 40 CFR 403.3(f) (2005), as added at 70 Fed. Reg. 60134 (Oct. 14, 2005).

 

"Indirect discharge" or "Discharge" means the introduction of pollutants into a POTW from any non-domestic source regulated under Section 307(b), (c), or (d) of the CWA (33 USC1317(b), (c), or (d)).

BOARD NOTE:  Derived from 40 CFR 403.3(i) (2005), as renumbered at 70 Fed. Reg. 60134 (Oct. 14, 2005).

 

"Industrial user" or "User" means a source of indirect discharge.  As used in this Part, an industrial user includes any person who meets any of the following criteria:

 

The person discharges toxic pollutants, as defined by 35 Ill. Adm. Code 307.1005;

 

The person is subject to a categorical standard adopted or incorporated by reference in 35 Ill. Adm. Code 307;

 

The person discharges more than fifteen percent of the total hydraulic flow received by the POTW treatment plant;

 

The person discharges more than fifteen percent of the total biological loading of the POTW treatment plant as measured by the five-day biochemical oxygen demand;

 

The person has caused pass through or interference; or

 

The person has presented an imminent endangerment to the health or welfare of persons.

 

BOARD NOTE:  Derived from 40 CFR 403.3(j) (2005), as renumbered at 70 Fed. Reg. 60134 (Oct. 14, 2005).

 

"Industrial wastewater" means waste of a liquid nature discharged by an industrial user to a sewer tributary to a POTW.

 

"Interference" means a discharge, alone or in conjunction with a discharge or discharges from other sources, for which both of the following is true:

 

The discharge inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use, or disposal; and

 

As a result of the inhibition of disruption, the discharge is a cause of a violation of any requirement of the POTW's NPDES permit (including an increase in the magnitude or duration of a violation) or the prevention of sewage sludge disposal in compliance with any sludge requirements.

 

BOARD NOTE:  Derived from 40 CFR 403.3(k) (2005), as renumbered at 70 Fed. Reg. 60134 (Oct. 14, 2005).

 

"Municipal sewage" is sewage treated by a POTW exclusive of its industrial component.

 

"Municipal sludge" is sludge produced by a POTW treatment works.

 

"Municipality." See "unit of local government."

 

"New source" means new source as defined in Section 310.111.

BOARD NOTE:  Derived from 40 CFR 401.11(c) and 403.3(m) (2005), as renumbered and amended at 70 Fed. Reg. 60134 (Oct. 14, 2005).

 

"Noncontact cooling water" means water used for cooling that does not come into direct contact with any raw material, intermediate product, waste product or finished product.

BOARD NOTE:  Derived from 40 CFR 401.11(n) (2005).

 

"Noncontact cooling water pollutants" means pollutants present in noncontact cooling waters.

BOARD NOTE:  Derived from 40 CFR 401.11(o) (2005).

 

"NPDES permit" means a permit issued to a POTW pursuant to Section 402 of the CWA, or Section 12(f) of the Act and Subpart A of 35 Ill. Adm. Code 309.

BOARD NOTE:  Derived from 40 CFR 403.3(n) (2005), as renumbered at 70 Fed. Reg. 60134 (Oct. 14, 2005).

 

"O and M" means operation and maintenance.

 

"Pass through" means a discharge of pollutants that exits the POTW into waters of the State in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the POTW's NPDES permit (including an increase in the magnitude or duration of a violation).

BOARD NOTE:  Derived from 40 CFR 403.3(p) (2005), as renumbered at 70 Fed. Reg. 60134 (Oct. 14, 2005).

 

"Person" means an individual, corporation, partnership, association, State, "unit of local government" or any interstate body.  This term includes the United States government, the State of Illinois, and their political subdivisions.

BOARD NOTE:  Derived from 40 CFR 401.11(m) (2005) and 33 USC 1362(5).

 

"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 waste discharged into a sewer.

BOARD NOTE:  Derived from 40 CFR 401.11(f) (2005).

 

"Pollution" means the man-made or man-induced alteration of the chemical, physical, biological, and radiological integrity of water.

BOARD NOTE:  Derived from 40 CFR 401.11(g) (2005).

 

"POTW treatment plant" means that portion of the POTW that is designed to provide treatment (including recycling and reclamation) of municipal sewage and industrial wastewater.

BOARD NOTE:  Derived from 40 CFR 403.3(r) (2005), as renumbered at 70 Fed. Reg. 60134 (Oct. 14, 2005).

 

"Pretreatment" means the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to or in lieu of discharging or otherwise introducing such pollutants into a POTW.  The reduction or alteration may be obtained by physical, chemical, or biological processes; process changes; or by other means, except as prohibited by Section 310.232.  Appropriate pretreatment technology includes control equipment, such as equalization tanks or facilities, for protection against surges or slug loadings that might interfere with or otherwise be incompatible with the POTW. However, where wastewater from a regulated process is mixed in an equalization facility with unregulated wastewater or with wastewater from another regulated process, the effluent from the equalization facility must meet an adjusted pretreatment limit calculated in accordance with Section 310.233.

BOARD NOTE:  Derived from 40 CFR 403.3(s) (2005), as renumbered at 70 Fed. Reg. 60134 (Oct. 14, 2005).

 

"Pretreatment permit" means an authorization to discharge to a sewer that is issued by the Agency as the Control Authority.

 

"Pretreatment requirements" means any substantive or procedural requirement related to pretreatment, other than a pretreatment standard, imposed on an industrial user.

BOARD NOTE:  Derived from 40 CFR 403.3(t) (2005), as renumbered at 70 Fed. Reg. 60134 (Oct. 14, 2005).

 

"Pretreatment standard" or "standard" means any regulation containing pollutant discharge limits promulgated by USEPA, and incorporated by reference in 35 Ill. Adm. Code 307.  This term includes prohibitive discharge limits established pursuant to Section 310.201 through 310.213 or 35 Ill. Adm. Code 307.1101.  This term also includes more stringent prohibitions and standards adopted by the Board in this Part or 35 Ill. Adm. Code 307, including 35 Ill. Adm. Code 307.1101, 307.1102, and 307.1103. The term also includes local limits pursuant to Section 310.211 that are a part of an approved pretreatment program.

BOARD NOTE:  Derived from 40 CFR 403.3(l) (2005), as renumbered at 70 Fed. Reg. 60134 (Oct. 14, 2005).

 

"Process wastewater" means any water that, during manufacturing or processing, 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.

BOARD NOTE:  Derived from 40 CFR 401.11(q) (2005).

 

"Process wastewater pollutants" means pollutants present in process wastewater.

BOARD NOTE:  Derived from 40 CFR 401.11(r) (2005).

 

"Project XL" means the federal Project for eXcellence and Leadership or a federally approved facility- or community-based regulatory reinvention (XL) pilot project, as such are described in the Federal Register notices of May 23, 1995 (60 Fed. Reg. 27282) and November 1, 1995 (60 Fed. Reg. 55569).

 

"Publicly owned treatment works" or "POTW" means a "treatment works" that is owned by the State of Illinois or a "unit of local government." This definition includes any devices and systems used in the storage, treatment, recycling, and reclamation of municipal sewage or industrial wastewater.  It also includes sewers, pipes, and other conveyances only if they convey wastewater to a POTW treatment plant.  The term also means the "unit of local government" that has jurisdiction over the indirect discharges to and the discharges from such a treatment works.

BOARD NOTE:  Derived from 40 CFR 403.3(q) (2005), as renumbered at 70 Fed. Reg. 60134 (Oct. 14, 2005).

 

"Schedule of compliance" means a schedule of remedial measures included in an authorization to discharge or a pretreatment permit, or an NPDES permit, including an enforceable sequence of interim requirements (for example, actions, operations, or milestone events) leading to compliance with this Part and 35 Ill. Adm. Code 307.  A schedule of compliance does not protect an industrial user or POTW from enforcement.

BOARD NOTE:  Derived from 40 CFR 401.11(m) (2005) and 33 USC 1362(17).

 

"Significant industrial user" means significant industrial user as defined in Section 310.112.

 

 

BOARD NOTE:  Derived from 40 CFR 403.3(v) (2005), as renumbered and amended at 70 Fed. Reg. 60134 (Oct. 14, 2005).

 

"Sludge requirements" means any of the following permits or regulations:   35 Ill. Adm. Code 309.155 (NPDES Permits), 309.208 (Permits for Sites Receiving Sludge for Land Application), 703.121 (RCRA Permits), 807.202 (Solid Waste Permits), the federal Toxic Substances Control Act (15 USC 2601), or the federal Marine Protection, Research and Sanctuaries Act (33 USC 1401), Section 39(b) of the Act (NPDES Permits) [415 ILCS 5/39(b)], and Section 405(b) of the federal Clean Water Act (federally-imposed sludge use and management requirements).

BOARD NOTE:  Derived from 40 CFR 403.3(k)(2) (2005), as renumbered at 70 Fed. Reg. 60134 (Oct. 14, 2005), and 403.7(a) (2005).

 

"Submission" means a request to the Agency by a POTW for approval of a pretreatment program, or for authorization to grant removal credits.

BOARD NOTE:  Derived from 40 CFR 403.3(w) (2005), as renumbered at 70 Fed. Reg. 60134 (Oct. 14, 2005).

 

"Treatment works" is as defined in 33 USC 1292(2), incorporated by reference in Section 310.107(c).  It includes any devices and systems used in the storage, treatment, recycling, and reclamation of municipal or industrial wastewater to implement 33 USC 1281, or necessary to recycle or reuse water at the most economical cost over the estimated life of the works, including intercepting sewers, outfall sewers, sewage collection systems, pumping, power, and other equipment.

BOARD NOTE:  Derived from 40 CFR 403.3(q) (2005), as renumbered at 70 Fed. Reg. 60134 (Oct. 14, 2005) and 33 USC 1292(2).

 

"Unit of local government" means a unit of local government, as defined by Art. 7, Sec. 1 of the Illinois Constitution, having jurisdiction over disposal of sewage.  Unit of local government includes, but is not limited to, municipalities, and sanitary districts.

BOARD NOTE:  Derived from 40 CFR 401.11(m) (2005) and 33 USC 1362(4).

 

"USEPA" means the United States Environmental Protection Agency.

 

(Source:  Amended at 30 Ill. Reg. 17847, effective October 26, 2006)