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<br /> Environmental Protection Agency
<br /> (b) Administrator means the Adminis- (1) All waters which are currently
<br /> trator of the Environmental Protection used, were used in the past, or may be
<br /> Agency("EPA"). susceptible to use in interstate or for-
<br /> (c) Mobile source means any vehicle, eign commerce, including all waters
<br /> rolling stock, or other means of trans- which are subject to the ebb and flow
<br /> portation which contains or carries a of the tide;
<br /> reportable quantity of a hazardous sub- (2) Interstate waters, including inter-
<br /> stance. state wetlands;
<br /> (d) Public record means the NPDES (3) All other waters such as intra-
<br /> permit application or the NPDES per state lakes, rivers, streams; (including
<br /> mit itself and the "record for final per- intermittent streams), mudflats,
<br /> mit" as defined in 40 CFR 124.122. sandflats, and wetlands, the use, deg-
<br /> (e) National Pretreatment Standard or radation or destruction of which would
<br /> PART 117—DETERMINATION OF RE- Pretreatment Standard means any regu- affect or could affect interstate or for-
<br /> PART 117
<br /> —DETERMINATION
<br /> FOR H RE- lation containing pollutant discharge eign commerce including any such wa
<br /> limits promulgated by the EPA in ac- tens:
<br /> ARDOUS SUBSTANCES cordance with section 307 (b) and (c) of (I) Which are or could be used by
<br /> the Act, which applies to industrial interstate or foreign travelers for rec-
<br /> Subpart A—General PraVlslons users of a publicly owned treatment reational or other purposes;
<br /> works. It further means any State or (ii) From which fish or shellfish are
<br /> sec• local pretreatment requirement appli- or could be taken and sold in interstate
<br /> 117.1 Definitions. cable to a discharge and which is incor- or foreign commerce;
<br /> 117.2 Abbreviations.
<br /> 117.3 Determination of reportable quan- porated into a permit issued to a pub- (iii) Which are used or could be used
<br /> tities. licly owned treatment works under sec- for industrial purposes by industries in
<br /> tion 402 of the Act. interstate commerce;
<br /> Subpart B—Applleability (f) Publicly Owned Treatment Works or (4) All impoundments of waters oth-
<br /> 117.11 General applicability. POTW means a treatment works as de- erwise defined as navigable waters
<br /> 117.12 Applicability to discharges from fa- fined by section 212 of the Act, which is under this paragraph;
<br /> cilities with NPDES permits. owned by a State or municipality (as (5)Tributaries of waters identified in
<br /> 117.13 Applicability to discharges from pub- defined by section 502(4) of the Act). paragraphs (i) (1) through (4) of this
<br /> licly owned treatment works and their This definition includes any sewers section, including adjacent wetlands;
<br /> Users. that convey wastewater to such a and
<br /> 117.14 Demonstration projects. treatment works, but does not include
<br /> (6) Wetlands adjacent to waters iden-
<br /> pipes. sewers or other conveyances not tified in paragraphs (1) (1) through (5)
<br /> Subpar)C—Notice,of Discharge of a
<br /> Reportable Quantity connected to a facility providing treat- of this section ("Wetlands" means
<br /> ment.The term also means the munici- those areas that are inundated or satu-
<br /> 117.21 Notice. pality as defined in section 542(4)of the rated by surface or ground water at r1_"
<br /> 117.22 Penalties. Act, which has jurisdiction over the in- frequency and duration sufficient t,
<br /> 117.23 Liabilities for removal. direct discharges to and the discharges Support, and that under normal cir-
<br /> AUTHOEUTB: Secs. 311 and Sol(&). Federal from such a treatment works. cumstances do support, a prevalence of
<br /> Water Pollution Control Act (33 U.S.C. 1251 (g) Remove or removal refers to re- vegetation typically adapted for life in
<br /> et seq.). ("the Act") and Executive order moval of the oil or hazardous sub- saturated soil conditions. Wetlands
<br /> 11735,superseded by Executive Order 12777,56 stances from the water and shoreline generally included playa lakes,
<br /> FR 54757. or the taking of such other actions as swamps, marshes, bogs, and similar
<br /> SouRcE: 44 FR 5(M6, Aug. 29, iW9, unless may be necessary to minimize or miti- areas such as sloughs, prairie potholes,
<br /> otherwise noted. gate damage to the public health or wet meadows, prairie river overflows,
<br /> welfare, including, but not limited to, mudflats, and natural ponds): Provided,
<br /> Subpart A—General Provisions fish, shellfish, wildlife, and public and That waste treatment systems (other
<br /> private property, shorelines, and than cooling ponds meeting the cri-
<br /> 4117.1 Definitions. beaches. teria of this paragraph) are not waters
<br /> As used in this part, all terms shall (h) Contiguous zone means the entire of the United States.
<br /> have the meanings stated in 40 CFR zone established by the United States (j) Process waste water means any
<br /> under Article 24 of the Convention on water which, during manufacturing or
<br /> part 116. the Territorial Sea and Contiguous processing, comes into direct contact
<br /> (a) Reportable quantities means quan- Zone. with or results from the production or
<br /> titles that may be harmful as set forth (i) Navigable waters means "waters of use of any raw material, intermediate
<br /> violation of section 311(bb)(3) and re-
<br /> v , the discharge which is a the United States, including the terri- product, finished product, byproduct,
<br /> torial seas."This term Includes: or waste product.
<br /> quires notice as set forth in§117.21.
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