Section 310.110 Definitions

Section 310

Section 310.110  Definitions

The following definitions, derived from the general

definitions of 40 CFR 401.11 and the pretreatment-specific definitions of 40

CFR 403.3, apply to this Part and 35 Ill. Adm. Code 307:

"Act"

means the Environmental Protection Act [415 ILCS 5].

"Agency"

means the Illinois Environmental Protection Agency.

BOARD NOTE:  The Board has

consistently rendered "Director", as defined in corresponding 40 CFR

403.3(g), as "Agency" for all functions within the Agency's statutory

authority and that USEPA has not clearly reserved the function to itself.

"Approval

Authority" means the Agency after USEPA has approved the Illinois

wastewater pretreatment program.  "Approval Authority" means USEPA before

USEPA approval of the Illinois wastewater pretreatment program.

BOARD NOTE:

Derived from 40 CFR 403.3(c) (2016).

"Approved

POTW pretreatment program" or "program" or "POTW pretreatment

program" means a program administered by a POTW that has been approved by USEPA,

under 40 CFR 403.11, or the Agency, in accordance with Sections 310.541 through

310.546.

BOARD NOTE:

Derived from 40 CFR 403.3(d) (2016).

"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 another mechanism specified in the approved

pretreatment program.

BOARD NOTE:

The Board added this term to distinguish a "pretreatment permit,"

which is a control mechanism issued by the Agency.

"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) (2016)

s 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) (2016).

"Blowdown"

means the minimum discharge of recirculating water for 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) (2016).

"Board"

means the Illinois Pollution Control Board.

BOARD NOTE:  The Board has

consistently rendered "Director," as defined in corresponding 40 CFR

403.3(g), as "Board" for all functions within the Board's statutory

authority and for which USEPA has not clearly reserved the function to itself.

"CWA"

means Federal Water Pollution Control Act, also known as the Clean Water Act,

as amended (33 U.S.C. 1251 et seq.).

BOARD NOTE:

Derived from 40 CFR 403.3(b) (2016).

"Control Authority"

refers to the appropriate of the following:

The POTW, if the POTW's

pretreatment program submission has been approved by the Agency, in accordance

with the requirements of Sections 310.541 through 310.546 or by USEPA in

accordance with 40 CFR 403.11; or

The Approval Authority, if no

pretreatment program submission has yet been approved.

BOARD NOTE:  Derived from 40 CFR

403.3(f) (2016).

"Existing source" means

any building, structure, facility, or installation from which there is or may

be a discharge of pollutants, the construction of which occurred before the

date that would qualify the building, structure, facility, or installation for

definition as a "new source", as defined in Section 310.111

ssion has yet been approved.

BOARD NOTE:  Derived from 40 CFR

403.3(f) (2016).

"Existing source" means

any building, structure, facility, or installation from which there is or may

be a discharge of pollutants, the construction of which occurred before the

date that would qualify the building, structure, facility, or installation for

definition as a "new source", as defined in Section 310.111.

BOARD NOTE:  The Board added this

definition of a fundamental term that is used throughout the categorical

standards to determine the applicability of those standards.

"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 U.S.C. 1317 (b), (c), or (d)), incorporated by reference

in Section 310.107.

BOARD NOTE:

Derived from 40 CFR 403.3(i) (2016).

"Industrial user" or "user" means a source of an indirect

discharge.

BOARD NOTE:

Derived from 40 CFR 403.3(j) (2016).

"Industrial

wastewater" means the spent or used water containing dissolved or suspended

matter 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 are 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 or 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 use or disposal

in compliance with applicable laws and permits issued under those laws,

including 33 U.S.C. 405 and 40 CFR 503 (federal standards for sewage sludge use

and disposal) and State standards relating to sludge use and disposal (such as

415 ILCS 5/21 and 22.56a and 35 Ill. Adm. Code 309.155, 309.208, and 391), 42 U.S.C.

6901 et seq

of a violation) or the prevention of sewage sludge use or disposal

in compliance with applicable laws and permits issued under those laws,

including 33 U.S.C. 405 and 40 CFR 503 (federal standards for sewage sludge use

and disposal) and State standards relating to sludge use and disposal (such as

415 ILCS 5/21 and 22.56a and 35 Ill. Adm. Code 309.155, 309.208, and 391), 42 U.S.C.

6901 et seq. (the federal Resource Conservation and Recovery Act (hazardous

waste and municipal solid waste disposal requirements)) and 35 Ill. Adm. Code:

Subtitle G derived from the federal solid waste and hazardous waste management

standards, 42 U.S.C. 7401 et seq. (the federal Clean Air Act) and 35 Ill. Adm.

Code:  Subtitle B derived from the federal Clean Air Act standards, 53 U.S.C.

2601 et seq. (the federal Toxic Substances Control Act) or any Illinois

requirements relating to toxic substances (such as 415 ILCS 5/21 and 35 Ill.

Adm. Code 742, 807, and 810), and 33 U.S.C. 1401 et seq. (the federal Marine

Protection, Research, and Sanctuaries Act).

BOARD NOTE:

Derived from 40 CFR 403.3(k) (2016).

"Municipality".

See "unit of local government".

"New

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

BOARD NOTE:

Derived from 40 CFR 401.11(e) and 403.3(m) (2016).

"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) (2016).

"Noncontact

cooling water pollutants" means pollutants present in noncontact cooling

waters.

BOARD NOTE:

Derived from 40 CFR 401.11(o) (2016).

"NPDES permit"

means a permit issued to a POTW under 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) (2016)

duct.

BOARD NOTE:

Derived from 40 CFR 401.11(n) (2016).

"Noncontact

cooling water pollutants" means pollutants present in noncontact cooling

waters.

BOARD NOTE:

Derived from 40 CFR 401.11(o) (2016).

"NPDES permit"

means a permit issued to a POTW under 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) (2016).

"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) (2016).

"Person"

means an individual, corporation, partnership, association, State, unit of

local government, commission, 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) (2016) and 33 U.S.C. 1362(5) (2014).

"Point source" means any

discernible, confined, and discrete conveyance, including any pipe, ditch,

channel, tunnel, conduit, well, discrete fissure, container, rolling stock,

concentrated animal feeding operation, or vessel or other floating craft, from

which pollutants are or may be discharged.

BOARD NOTE:  Derived from 40 CFR

401.11(d) (2016).

"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) (2016).

"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) (2015)

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) (2016).

"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) (2015).

"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) (2016).

"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, if 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) (2016).

"Pretreatment

permit" means a permit to discharge to a sewer that is issued by the

Agency as the Control Authority.

BOARD NOTE:  The Board added this

term to distinguish an "authorization to discharge," which is a

control mechanism issued by a POTW

cility must

meet an adjusted pretreatment limit calculated in accordance with Section

310.233.

BOARD NOTE:

Derived from 40 CFR 403.3(s) (2016).

"Pretreatment

permit" means a permit to discharge to a sewer that is issued by the

Agency as the Control Authority.

BOARD NOTE:  The Board added this

term to distinguish an "authorization to discharge," which is a

control mechanism issued by a POTW.

"Pretreatment

requirement" means any substantive or procedural requirement related to

pretreatment imposed on an industrial user by a pretreatment permit or lawful

order, other than a pretreatment standard.

BOARD NOTE:

Derived from 40 CFR 403.3(t) (2016).

"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 under Sections 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

that are a part of an approved pretreatment program, as provided in Section

310.211.

BOARD NOTE:

Derived from 40 CFR 403.3(l) (2016).

"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) (2016).

"Process

wastewater pollutants" means pollutants present in process wastewater.

BOARD NOTE:

Derived from 40 CFR 401.11(r) (2016)

ns 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) (2016).

"Process

wastewater pollutants" means pollutants present in process wastewater.

BOARD NOTE:

Derived from 40 CFR 401.11(r) (2016).

"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) (2016).

"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) (2016) and 33 U.S.C. 1362(17).

"Significant

industrial user" means significant industrial user as defined in Section

310.112.

BOARD NOTE:

Derived from 40 CFR 403.3(v) (2016).

"Sludge requirements" means any of the following permits or

regulations:   35 Ill. Adm

A schedule of compliance does not protect an

industrial user or POTW from enforcement.

BOARD NOTE:

Derived from 40 CFR 401.11(m) (2016) and 33 U.S.C. 1362(17).

"Significant

industrial user" means significant industrial user as defined in Section

310.112.

BOARD NOTE:

Derived from 40 CFR 403.3(v) (2016).

"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); Section 39(b) of the Act (NPDES Permits); Section 405(b)

of the federal Clean Water Act (federally-imposed sludge use and management

requirements); and 40 CFR 501 and 503.

BOARD NOTE:  Derived from 40 CFR 403.3(k)(2) and 403.7(a) (2016).

"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) (2016).

"Treatment works" is as defined in 33 U.S.C. 1292(2),

incorporated by reference in Section 310.107.  It includes any devices and

systems used in the storage, treatment, recycling, and reclamation of municipal

or industrial wastewater to implement 33 U.S.C. 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) (2016) and 33 U.S.C. 1292(2).

"Unit of local government" means a unit of local government, as

defined by Art. 7, Sec. 1 of the Illinois Constitution.  Unit of local

government includes municipalities and sanitary districts.

BOARD NOTE:  Derived from 40 CFR 401.11(m) (2016) and 33 U.S.C. 1362(4).

"USEPA" means the United States Environmental Protection

Agency.