APPENDIX E. DEFINITIONS and ABBREVIATIONS
APPENDIX E. DEFINITIONS
1. Agency” means the Minnesota Pollution Control Agency or MPCA. (Minn. Stat. § 116.36, subd. 2.)
2. “Benchmark Monitoring Location” for purposes of the industrial stormwater permit, means the location(s) within the boundary of the facility where the Permittee will collect stormwater samples for the purpose of compliance with the benchmark monitoring requirements of this permit. The benchmark monitoring location(s) selected by the Permittee shall be in a location that:
a. Is below the most down-gradient BMP from the source of industrial activity or significant materials, but prior to discharging from the Permittee’s operational control.
b. Minimizes or eliminates sampling of stormwater from off-site sources (run-on).
c. Yields a sample that best represents the contribution of pollutants the Permittee is required to monitor for in accordance with Part V, and that receives discharge from an area of industrial activities, processes, and significant materials exposed to stormwater.
3. “Best Management Practices” or “BMPs” means practices to prevent or reduce the pollution of waters of the state, including schedules of activities, prohibitions of practices, and other management practices, and also includes treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge, or waste disposal or drainage from raw material storage. (Minn. R. 7001.1020, subp.5.)
4. “Co-located Industrial Activities” means any industrial activities at a facility defined by the stormwater regulations at 40 CFR § 122.26(b)(14)(i)-(ix) and (xi), other than the primary SIC Code or narrative activity.
5. “Commissioner” means the Commissioner of the Minnesota Pollution Control Agency or the Commissioner’s designee. (Minn. Stat. § 116.36, subd. 3.)
6. “Construction Activity” for this permit includes construction activity as defined in 40 CFR pt.122.26(b)(14)(x) and small construction activity as defined in 40 CFR pt. 122.26(b)(15). This includes a disturbance to the land that results in a change in the topography, existing soil cover (both vegetative and non-vegetative), or the existing soil topography that may result in accelerated stormwater runoff, leading to soil erosion and movement of sediment into surface waters or drainage systems. Examples of construction activity may include clearing, grading, filling, and excavating. Construction activity includes the disturbance of less than one acre of total land area that is a part of a larger common plan of development or sale if the larger common plan will ultimately disturb one (1) acre or more.
7. “Effective Date” means the date the Agency made this permit available for application. The effective date is located on the front cover of this permit.
8. “Effluent Monitoring Location” for the purposes of this permit means the location(s) within the boundary of the facility where the Permittee will collect stormwater samples for the purpose of compliance with Part VI (Effluent Limit Monitoring Requirements). The effluent monitoring location(s) selected by the Permittee shall be in a location that:
a. Is immediately below the most down-gradient BMP from the specific industrial activity that has a numeric effluent limit, but prior to where the discharge co-mingles with stormwater from other sources.
b. Yields a sample that represents the contribution of the pollutants the Permittee is required to monitor for in accordance with Part VII, and that receives discharge from an area of industrial activities, processes, and significant materials exposed to stormwater that has a numeric effluent limit.
9. “Facility” for the purposes of this permit, means land that shares a common border and that has a stormwater discharge associated with industrial activity as defined by 40 CFR § 122.26(b)(14) with the discharge having a common owner/operator.
10. “Impaired Water” means waters identified as impaired by the Agency, and approved by the USEPA, pursuant to section 303(d) of the Clean Water Act (33 U.S.C. § 303(d)).
11. “Impervious Surface” means a constructed hard surface that either prevents or retards the entry of water into the soil and causes water to run off the surface in greater quantities and at an increased rate of flow than prior to development. Examples include rooftops, sidewalks, patios, driveways, parking lots, storage areas, and concrete, asphalt, or gravel roads.
12. “Industrial Activity” means the eleven categories of industrial activity which are directly related to manufacturing, processing, or raw materials storage areas at an industrial plant, as defined in 40 CFR § 122.26(b)(14)(i)-(xi). Not every industrial activity in this definition is eligible for authorization under this permit (e.g. construction activity); see Part I.A for eligibility criteria. (Minn. R. 7090.0080, subp.6.)
13. “Industrial Stormwater Pond” for purposes of the industrial stormwater permit means constructed detention or retention facilities for the treatment of stormwater runoff under the requirements of this permit. This includes permanent ponds, dry ponds, flow equalization ponds (followed by other BMPs), and constructed wetlands. However, natural wetlands (including types 1-8) and other natural surface water bodies are not industrial stormwater ponds, parts of ponds or pond systems, and cannot be used as BMPs for stormwater treatment unless mitigated in accordance with applicable state rules.
14. “Infiltration Device” for purposes of the industrial stormwater permit, means a device to which industrial stormwater runoff is diverted, collected, or conveyed for the purpose of infiltration. This includes all man-made and natural infiltration areas to which runoff is diverted. An infiltration device does not include the parts of the system that diverts, collects, or conveys industrial stormwater. Incidental infiltration from conveyances such as swales or ditches, including those with erosion prevention devices such as vegetation, silt fence, or fiber bails, is not an infiltration device. However, swales, ditches, or similar devices constructed with stop logs, ditch excavation for storage or other retention devices, which are for the purpose of increased infiltration, are infiltration devices. Wetlands (including types 1 through 8) and other natural surface water bodies are not infiltration devices or parts of infiltration device systems, and cannot be used as infiltration devices, unless mitigated in accordance with applicable state rules.
15. “Monitoring Location” means any Benchmark Monitoring Location (including those locations that are part of a representative location) and/or any Effluent Monitoring Location.
16. “Municipal separate storm sewer system or MS4” means a conveyance or system of conveyances including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains:
a. owned or operated by a state, city, town, county, district, association, or other public body, created by or pursuant to state law, having jurisdiction over disposal of sewage, industrial wastes, storm water, or other wastes, including special districts under state law such as a sewer district, flood control district, or drainage district or similar entity, or an Indian tribe or an authorized Indian tribe organization, or a designated and approved management agency under section 208 of the federal Clean Water Act, United States Code, title 33, section 1288, that discharges into waters of the state;
b. designed or used for collecting or conveying storm water;
c. that is not a combined sewer; and
d. that is not part of a publicly owned treatment works as defined in Code of Federal Regulations, title 40, section 122.2.
Municipal separate storm sewer systems do not include separate storm sewers in very discrete areas, such as individual buildings. (Minn. R. 7090.0800, subp. 8).
17. “Narrative Activity” means those industrial activities as defined by 40 CFR § 122.26(b)(14)(i), (iv), (v), (vii) and (ix).
18. “No Exposure” means that all industrial materials or activities are protected by a storm resistant shelter to prevent exposure to rain, snow, snow melt, or runoff. Industrial materials or activities include, but are not limited to, material handling equipment or activities, industrial machinery, raw materials, intermediate products, by-products, final products, or waste products. Material handling activities include the storage, loading and unloading, transportation, or conveyance of any raw material, intermediate product, final product, or waste product. (Minn. R. 7090.0080, subp.9.)
19. “Non-Stormwater Discharge” means any discharge not comprised entirely of stormwater.
20. “One Mile” for purposes of the industrial stormwater permit, means a direct horizontal distance of one mile measured from any monitoring location to the Ordinary High Water Level (Minn. Stat. 103G.005, subd. 14) where the stormwater discharge associated with industrial activity enters either an impaired water, or any water described in Appendix A of this permit.
21. “Operator” is the person responsible for the overall operation of an industrial facility under Minn. R. pt. 7090.3000. (Minn. R. 7090.0080, subp.10.)
22. “Owner” is the person who owns an industrial facility or part of an industrial facility under Minn. R. pt. 7090.3000. (Minn. R. 7090.0080, subp.11.)
23. “Permittee” means a person or persons, firm, or governmental agency or other institution that signs the permit application submitted to the Agency and is responsible for compliance with the terms and conditions of this permit.
24. “Person” means any human being, any municipality or other governmental or political subdivision or public agency, any public or private corporation, any partnership, firm, association, or other organization, any receiver, trustee, assignee, agent, or other legal representative of any of the foregoing, or any other legal entity, but does not include the MPCA. (Minn. Stat. § 116.06, subd. 17.)
25. “Primary Standard Industrial Classification (SIC) Code” for the purposes of the industrial stormwater permit, is the SIC code associated with the industrial activity that generates the greatest revenue. If revenue data is not available, the owner/operator shall base the determination on the number of employees engaged in the industrial activity. If it is not possible to determine the primary SIC code using either of these two methods, the owner/operator shall base the determination on the SIC code with the greatest production. The industrial activity that generates the greatest revenue, employs the most personnel, or has the greatest production, is the industrial activity assigned the primary SIC code.
26. "Significant Discharges" for purposes of the industrial stormwater permit means any industrial stormwater discharge that either 1) on or after January 1, 1988, commenced discharge from areas of industrial activities and/or significant materials greater than 90 acres, or 2) on or after January 1, 1988, discharges from areas of industrial activities and/or significant materials that have expanded cumulatively by greater than 90 acres.
27. “Significant Materials” includes, but is not limited to: raw materials; fuels; materials such as solvents, detergents, and plastic pellets; finished materials such as metallic products; raw materials used in food processing or production; hazardous substances designated under Section 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA); any chemical the facility is required to report pursuant to Section 313 of the Emergency Planning and Community Right-to-Know Act (EPCRA); fertilizers; released with stormwater discharges. When determining whether a material is significant, the physical and chemical characteristics of the material should be considered (e.g. the material’s solubility, transportability, and toxicity characteristics) to determine the material’s pollution potential. (40 CFR 122.26(b)(12).
28. “Stormwater” means stormwater runoff, snow melt runoff, and surface runoff and drainage. (Minn. R. 7090.0080, subp.12.)
29. “Stormwater Discharge Associated with Industrial Activity” means the discharge from any conveyance that is used for collecting and conveying stormwater and that is directly related to manufacturing, processing or raw materials storage areas at an industrial plant. The term does not include discharges from facilities or activities excluded from the NPDES program under 40 CFR 122. For the categories of industries identified in this section, the term includes, but is not limited to, stormwater discharges from:
- Industrial plant yards.
- Immediate access roads and rail lines used or traveled by carriers of raw materials, manufactured products, waste material, or by-products used or created by the facility.
- Material handling sites.
- Refuse sites.
- Sites used for the application or disposal of process waste waters (as defined at part 401 of this chapter).
- Sites used for the storage and maintenance of material handling equipment.
- Sites used for residual treatment, storage, or disposal.
- Shipping and receiving areas.
- Manufacturing buildings.
- Storage areas (including tank farms) for raw materials, and intermediate and final products; and
- Areas where industrial activity has taken place in the past and significant materials remain and are exposed to stormwater.
For the purposes of this paragraph, material handling activities include storage, loading and unloading, transportation, or conveyance of any raw material, intermediate product, final product, by-product or waste product.
The term excludes areas located on plant lands separate from the plant's industrial activities, such as office buildings and accompanying parking lots as long as the drainage from the excluded areas is not mixed with stormwater drained from the above described areas.
Industrial facilities include those that are federally, State, or municipally owned or operated that meet the description of the facilities listed in 40 CFR (b)(14)(i) through (xi), except (x). The term also includes those facilities designated under the provisions of 40 CFR 122.26 (a)(1)(v).
30. “Stormwater Pollution Prevention Plan” or “SWPPP” means a plan for stormwater discharge that includes facility-specific activities and actions to, first, identify sources of pollution or contamination at the facility, and second, select and implement BMPs to eliminate or reduce contact of stormwater with significant materials that may result in polluted runoff from the facility.
31. “Surface Water or Waters” for purposes of the industrial stormwater permit, means all streams, lakes, ponds, marshes, wetlands, reservoirs, springs, rivers, drainage systems, waterways, watercourses, and irrigation systems whether natural or artificial, public, or private.
32. “Total Maximum Daily Load” or “TMDL” means the sum of the individual wasteload allocations for point sources and load allocations for nonpoint sources and natural background, as more fully defined in Code of Federal Regulations, title 40, section 130.2, paragraph (i). A TMDL sets and allocates the maximum amount of a pollutant that may be introduced into a water of the state and still assure attainment and maintenance of water quality standards. (Minn. R. 7052.0010 Subp. 42)
33. “USEPA” means the United States Environmental Protection Agency.
34. “Wasteload Allocation (WLA)” means 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 in Code of Federal Regulations, title 40, section 130.2, paragraph (h). In the absence of a TMDL approved by EPA under Code of Federal Regulations, title 40, section 130.7, or an assessment and remediation plan developed and approved according to part 7052.0200, subpart 1, item C, 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 and criteria. (Minn. R. 7052.0010 Subp. 45)
35. “Water Quality Standards” means those provisions contained in Minn. R Chapters 7050 and 7052.
36. “Waters of the State” means all streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the state or any portion thereof. (Minn. Stat. § 115.01, subd. 22.)
37. “Wetlands” are those areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions.
Wetlands generally include swamps, marshes, bogs, and similar areas. Constructed wetlands designed for wastewater treatment are not waters of the state. Wetlands must have the following attributes:
1. A predominance of hydric soils.
2. Inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in a saturated soil condition.
3. Under normal circumstances support a prevalence of such vegetation. (Minn. R. 7050.0186, subp. 1a.B.)
ABBREVIATIONS AND ACRONYMS
- BOD5 - Biochemical Oxygen Demand (5 day test)
- BMP - Best Management Practice
- CERCLA - Comprehensive Environmental Response, Compensation and Liability Act*CFR – Code of Federal Regulations
- COD- Chemical Oxygen Demand
- CWA – Clean Water Act or the Federal Water Pollution Control Act, 33 U.S.C. §1251 et seq)
- DMR - Discharge Monitoring Report
- EPA - U. S. Environmental Protection Agency
- LA - Load Allocations
- MS4 - Municipal Separate Storm Sewer System
- NPDES - National Pollutant Discharge Elimination System
- POTW - Publicly Owned Treatment Works
- SDS – State Disposal System
- SIC - Standard Industrial Classification
- SPCC - Spill Prevention, Control, and Countermeasures
- SWPPP - Stormwater Pollution Prevention Plan
- TMDL - Total Maximum Daily Load
- TSS - Total Suspended Solids
- WLA - Wasteload Allocation
This page was last edited on 17 April 2020, at 11:42.
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