TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE C: WATER POLLUTION
CHAPTER II: ENVIRONMENTAL PROTECTION AGENCY
PART 352 PROCEDURES FOR DETERMINING WATER QUALITY BASED PERMIT LIMITATIONS FOR NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM DISCHARGERS TO THE LAKE MICHIGAN BASIN
SECTION 352.104 DEFINITIONS


 

Section 352.104  Definitions

 

Terms used in this Part have the meanings specified in 35 Ill. Adm. Code 301.200 through 301.444 and 302.501.  The following terms have the meanings specified:

 

"Agency" means the Illinois Environmental Protection Agency.

 

"Area of Concern" or "AOC" is an area specially designated for remediation efforts.

 

"Bioaccumulative Chemicals of Concern" or "BCC" means a chemical or class of chemicals meeting the definition at 35 Ill. Adm. Code 302.501.

 

"Lake Michigan Lakewide Management Plan" or "LaMP" is a plan to manage the Illinois portion of Lake Michigan as approved by USEPA.

 

"Method Detection Level" is the minimum concentration of an analyte (substance) that can be measured and reported with a 99 percent confidence that the analyte concentration is greater than zero as determined by the procedure set forth in Appendix B of 40 CFR 136.

 

"Minimum Level" or "ML" is the concentration at which the entire analytical system must give a recognizable signal and acceptable calibration point. The ML is the concentration in a sample that is equivalent to the concentration of the lowest calibration standard analyzed by a specific analytical procedure approved in 40 CFR 136, assuming that all the method-specified sample weights, volumes and processing steps have been followed.

 

"Outlier" is a test value that is not statistically valid under tests approved in 40 CFR 136.

 

"Quantification Level" is a measurement of the concentration of a contaminant obtained by using a specified laboratory procedure approved in 40 CFR 136 and calibrated at a specified concentration above the method detection level. It is considered the lowest concentration at which a particular contaminant can be quantitatively measured using a specified laboratory procedure for monitoring of the contaminant.

 

"Pollutant Minimization Program" means a plan to achieve or maintain the goal of reducing contaminant discharges to below water quality based effluent limits.

 

"Preliminary Effluent Limitation" or "PEL" is an estimate of an allowable discharge taking into consideration mixing or dilution.

 

"Projected Effluent Quality" or "PEQ" is the amount of a contaminant estimated to be discharged by a facility or activity taking into account statistical analysis of the discharge or activity.

 

"Reasonable Potential Analysis" or "Reasonable Potential to Exceed" means the procedure to predict whether an existing or future discharge would cause or contribute to a violation of water quality standards, criteria or values.

 

"Same Body of Water" means that, for purposes of evaluating intake toxic substances consistent with Section 352.425, the Agency will consider intake toxic substances to be from the same body of water if the Agency finds that the intake toxic substance would have reached the vicinity of the outfall point in the receiving water within a reasonable period had it not been removed by the permittee and there is a direct hydrological connection between the intake and the discharge points.  Notwithstanding the provisions of this definition, an intake toxic substance  shall be considered to be from the same body of water if the permittee's intake point is located on Lake Michigan and the outfall point is located on a tributary of  Lake Michigan.  In this situation, the background concentration of the toxic substance in the receiving water shall be similar to or greater than that in the intake water and the difference, if any, between the water quality characteristics of the intake and receiving water shall not result in an adverse impact on the receiving water.

 

"Total Maximum Daily Load" or "TMDL" is the sum of the individual wasteload allocations for point sources and load allocations for nonpoint sources and natural background, as more fully defined at 40 CFR 130.2(i).  A TMDL sets and allocates the maximum amount of a pollutant that may be introduced into a water body and still assure attainment and maintenance of water quality standards.

 

"USEPA" means the United States Environmental Protection Agency.

 

"Waste Load Allocation" or "WLA" is the portion of a receiving water's loading capacity that is allocated to one of its existing or future point sources of pollution, as more fully defined at 40 CFR 130.2(h).  In the absence of a TMDL approved by EPA pursuant to 40 CFR 130.7 or an assessment and remediation plan developed and approved in accordance with procedure 3.A of Appendix F of 40 CFR 132, a WLA is the allocation for an individual point source that ensures that the level of water quality to be achieved by the point source is derived from and complies with all applicable water quality standards.

 

"Water Quality Based Effluent Limitation" or "WQBEL" is a limit imposed in a permit so that the applicable water quality standard, criteria or value is not exceeded outside of a designated mixing zone.

 

"Wet Weather Point Source" means any discernible, confined and discrete conveyance from which pollutants are, or may be, discharged as the result of a wet weather event. Discharges from wet weather point sources shall include only: discharges of storm water from a municipal separate storm sewer as defined at 40 CFR 122.26(b)(8); storm water discharge associated with industrial activity as defined at 40 CFR 122.26(b)(14); discharges of storm water and sanitary wastewaters (domestic, commercial, and industrial) from a combined sewer overflow; or any other stormwater discharge for which a permit is required under section 402(p) of the Clean Water Act. A storm water discharge associated with industrial activity which is mixed with process wastewater shall not be considered a wet weather point source.

 

"Whole Effluent Toxicity" or "WET" means a test procedure that determines the effect of an effluent on aquatic life.