108-18-2 Definitions

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Best management practices means a practice or combination of practices determined to be the most effective practicable means of conducting a land use activity to minimize the potential for becoming a pollution source (including technological, economic, and institutional considerations). Design standard means established state or national standards for the design, construction, placement, or maintenance of a potential contamination source to prevent discharges to the groundwater. (See also Secondary containment. ) A control that is implemented by a potential contamination source to prevent discharges to the groundwater. Spill protection is an example of a design standard. Drinking water source protection (DWSP) zone means the surface and subsurface area surrounding a groundwater source of drinking water supplying a public water system through which contaminants are reasonably likely to move toward and reach such groundwater source. Groundwater source means any well, spring, tunnel, adit, or other underground opening from or through which groundwater flows or is pumped from subsurface water-bearing formations. Pollution source means point source discharges of CERCLA (Comprehensive Environmental Response, Compensation, and Liability Act) hazardous substances to groundwater or potential discharges of the liquid forms of "extremely hazardous substances" which are stored in containers in excess of "applicable threshold planning quantities" as specified in SARA Title III. Examples of possible pollution sources include, but are not limited to the following: storage facilities that store the liquid forms of extremely hazardous substances, septic tanks, drain fields, class V underground injection wells, landfills, open dumps, landfilling of sludge and septage, manure piles, salt piles, pit privies, drain lines, and animal feeding operations with more than ten animal units. The following definitions clarify the meaning of the term "pollution source:" Animal feeding operation means a lot or facility where the following conditions are met: animals have been or will be stabled or confined and fed or maintained for a total of 45 days or more in any 12-month period, and crops, vegetation forage growth, or post-harvest residues are not sustained in the normal growing season over any portion of the lot or facility. Two or more animal feeding operations under common ownership are considered to be a single feeding operation if they adjoin each other, if they use a common area, or if they use a common system for the disposal of wastes. Animal unit means a unit of measurement for any animal feeding operation calculated by adding the following numbers; the number of slaughter and feeder cattle multiplied by 1.0, plus the number of mature dairy cattle multiplied by 1.4, plus the number of swine weighing over 55 pounds multiplied by 0.4, plus the number of sheep multiplied by 0.1, plus the number of horses multiplied by 2.0. Extremely hazardous substances means those substances which are identified in the Sec. 302(EHS) column of the "Title III List of Lists - Consolidated List of Chemicals Subject to Reporting Under SARA Title III," (EPA 560/4-91-011). A copy of this document may be obtained from: Section 313 Document Distribution Center, P.O. Box 12505, Cincinnati, OH 41212. Hazardous waste as defined in 40 CFR Part 61, waste with properties that make it dangerous or capable of having a harmful effect on human health or the environment. Hazardous waste is generated from many sources, ranging from industrial manufacturing process wastes to batteries and may come in many forms, including liquids, solids gases, and sludges. Potential contamination source means any facility or site, which employs an activity or procedure, which may potentially contaminate groundwater. A pollution source is also a potential contamination source. Such term includes collection, treatment, storage and distribution facilities under control of the operator and used primarily in connection with the system. Additionally, the term "potential contamination source" includes collection, pretreatment or storage facilities used primarily in connection with the system, but not under such control. Sanitary landfill means a disposal site where solid wastes, including putrescible wastes, or hazardous wastes, are disposed of on land by placing earth cover thereon. Sanitary sewer line means a pipeline that connects a residence or other building with a sanitary sewer. Septic tank/drain field system means a system which is comprised of a septic tank and a drain field which accepts domestic wastewater from buildings or facilities for subsurface treatment and disposal. By their design, septic tank/drain field system discharges cannot be controlled with design standards. Source protection zone means the specified surface and subsurface area surrounding a groundwater source of drinking water supplying a public water supply, through which contaminants are reasonably likely to move toward and reach such groundwater source. These zones shall have the approval of the state division of drinking water as described in R309-600 Source Protection Drinking Water Source Protection for Ground-Water Sources and as stated in section 108-18-3. Spring means the ground surface outlet of a natural underground spring, including Spring collection and control boxes, valves, piping and other attachments. Stormwater infiltration structure means a structure that is intended to discharge stormwater so that it infiltrates groundwater. SARA Title III means the Superfund Amendment and Reauthorization Act section found in 40 CFR 300302, pertaining to emergency response and right-to-know. Time of travel distance means the distance that groundwater will travel in a specified time. This distance is generally a function of the permeability and slope of the aquifer. Time of travel is determined from hydrological studies and is approved by the state department of environmental quality, division of drinking water. Underground storage tanks means underground tanks used for the storage of gas, oil, or other hazardous substances. Wellhead means the physical structure, facility, or device at the land surface from or through which groundwater flows or is pumped from subsurface, water-bearing formations. Public water system means a system, either publicly or privately owned, providing water for human consumption and other domestic uses, which: Has at least 15 service connections; or Serves an average of at least 25 individuals daily at least 60 days out of the year. Secondary containment means a type of system that is used to provide release detection prevention, such as trays under containers, floor curbing or other systems designed to hold materials or liquids that may discharge from containers holding regulated substances. Examples include a double-walled tank, a doublewalled integral piping system, or a single-walled tank or integral piping system that is protected by an enclosed concrete vault, liner, or an impervious containment area.