61-28-02. Definitions

61-28-02. Definitions

As used in this chapter, unless the context otherwise requires:

1. "Council" means the environmental review advisory council.

2. "Department" means the department of environmental quality.

3. "Discharge" means the addition of any waste to state waters from any point source.

4. "Disposal system" means a system for disposing of wastes, either by surface or

underground methods, and includes sewerage systems, treatment works, disposal

wells, and other systems.

5. "Person" includes any corporation, limited liability company, individual, partnership,

association, or other public or private entity, including any state or federal agency or

entity responsible for managing a state or federal facility, and includes any officer or

governing or managing body of any such entity.

6. "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

wastes are or may be discharged.

7. "Pollution" means the manmade or man-induced alteration of the physical, chemical,

biological, or radiological integrity of any waters of the state.

8. "Septage" means the liquid or solid material removed from septic systems, cesspools,

privies, chemical toilets, holding tanks, and similar devices that receive domestic

wastewater.

9. "Septic system" means a disposal system, and all of its components, used to receive,

treat, and dispose of domestic wastewater through microbiological decomposition and

soil absorption.

10. "Septic system servicer" means a person that engages in the business of servicing

septic systems, cesspools, privies, chemical toilets, holding tanks, and similar devices

that receive domestic wastewater.

11. "Service" or "servicing" means cleaning septic systems, cesspools, privies, chemical

toilets, holding tanks, and similar devices that receive domestic wastewater; removing

septage from these devices; transporting septage; or disposing septage by applying it

to land or otherwise.

12. "Sewerage system" means pipelines or conduits, pumping stations, and force mains,

and all other structures, devices, appurtenances, and facilities used for collecting or

conducting wastes to an ultimate point for treatment or disposal.

13. "Treatment works" means any plant or other works used for the purpose of treating,

stabilizing, or holding wastes.

14. "Wastes" means all substances which cause or tend to cause pollution of any waters

of the state, including dredged spoil, solid waste, incinerator residue, sewage,

garbage, sewage sludge, munitions, chemical wastes, biological materials, radiological

materials, heat, wrecked or discarded equipment, rock, sand, and cellar dirt and

industrial, municipal, and agricultural pollution discharged into any waters of the state.

15. "Waters of the state" means all waters within the jurisdiction of this state, including all

streams, lakes, ponds, impounding reservoirs, marshes, watercourses, waterways,

and all other bodies or accumulations of water on or under the surface of the earth,

natural or artificial, public or private, situated wholly or partly within or bordering upon

the state, except those private waters that do not combine or effect a junction with

natural surface or underground waters just defined.