§466. Definitions
As used in this article, unless the context otherwise indicates, the following terms have the following meanings. [1985, c. 698, §15 (NEW).]
1. Aquatic life.
"Aquatic life" means any plants or animals which live at least part of their life
cycle in fresh water.
[
1985, c. 698, §15 (NEW)
.]
2. As naturally occurs.
"As naturally occurs" means conditions with essentially the same physical, chemical
and biological characteristics as found in situations with similar habitats free of
measurable effects of human activity.
[
1985, c. 698, §15 (NEW)
.]
2-A. Color pollution unit.
"Color pollution unit" means that measure of water color derived from comparison
with a standard measure prepared according to the specifications of the current edition
of "Standard Methods for Examination of Water and Wastewater," adopted by the United
States Environmental Protection Agency, or an equivalent measure.
[
1989, c. 864, §2 (NEW)
.]
2-B. Combined sewer overflow.
"Combined sewer overflow" means a discharge of excess wastewater from a municipal
or quasi-municipal sewerage system that conveys both sanitary wastes and storm water
in a single pipe system and that is in direct response to a storm event or snowmelt.
Combined sewer overflow discharges do not include dry weather discharges that occur
as a result of nonstorm events or are caused solely by groundwater infiltration.
[
1995, c. 284, §2 (NEW)
.]
3. Community function.
"Community function" means mechanisms of uptake, storage and transfer of life-sustaining
materials available to a biological community which determines the efficiency of use
and the amount of export of the materials from the community.
[
1985, c. 698, §15 (NEW)
.]
4. Community structure.
"Community structure" means the organization of a biological community based on
numbers of individuals within different taxonomic groups and the proportion each taxonomic
group represents of the total community.
[
1985, c. 698, §15 (NEW)
.]
5. Direct discharge.
"Direct discharge" means any discernible, confined and discrete conveyance, including,
but not limited to, 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.
[
1985, c. 698, §15 (NEW)
.]
6. Domestic pollutants.
"Domestic pollutants" means any material, including, without limitation, sanitary
wastes, waste water from household activities or waste waters with similar chemical
characteristics, which are generated at residential or commercial locations.
[
1985, c. 698, §15 (NEW)
.]
7. Estuarine and marine life.
"Estuarine and marine life" means any plants or animals which live at least part
of their life cycle in salt water.
[
1985, c. 698, §15 (NEW)
.]
8. Indigenous.
"Indigenous" means supported in a reach of water or known to have been supported
according to historical records compiled by State and Federal agencies or published
scientific literature.
[
1985, c. 698, §15 (NEW)
.]
8-A. Invasive species.
"Invasive species" means an invasive animal as determined by the Department of Inland
Fisheries and Wildlife or an invasive aquatic plant as listed under section 410-N
or as determined by the department. A species may be determined to be invasive for
all waters or for specific waters.
[
2005, c. 182, §7 (NEW)
.]
9. Natural.
"Natural" means living in, or as if in, a state of nature not measurably affected
by human activity.
[
1985, c. 698, §15 (NEW)
.]
9-A. Overboard discharge.
"Overboard discharge" means discharge to the surface waters of the State of domestic
pollutants not conveyed to and treated in municipal or quasi-municipal sewerage treatment
facilities.
[
1987, c. 180, §6 (NEW)
.]
9-B. Quasi-municipal.
"Quasi-municipal" means any form of ownership and management by a governmental unit
embracing a portion of a municipality, a single municipality or several municipalities
which is created by law to deliver public waste water treatment services, but which
is not a state governmental unit.
[
1987, c. 419, §11 (AMD)
.]
9-C. Pounds per ton as unit of measure.
"Pounds per ton" means the unit for measurement of color in the discharge from the
production of wood pulp. The numerator of this unit is the product of the number
of color pollution units multiplied by 8.34 multiplied by the volume of effluent discharged
measured in millions of gallons. The denominator of this unit is measured in tons
of actual production of unbleached wood pulp as measured on an air dried basis.
[
1989, c. 864, §2 (NEW)
.]
10. Resident biological community.
"Resident biological community" means aquatic life expected to exist in a habitat
which is free from the influence of the discharge of any pollutant. This shall be
established by accepted biomonitoring techniques.
[
1985, c. 698, §15 (NEW)
.]
11. Unimpaired.
"Unimpaired" means without a diminished capacity to support aquatic life.
[
1985, c. 698, §15 (NEW)
.]
11-A. Use attainability analysis.
"Use attainability analysis" means a structured scientific assessment of the factors
affecting the attainment of a designated use in a water body. The assessment may
include consideration of physical, chemical, biological and economic factors.
[
1993, c. 344, §3 (NEW)
.]
12. Without detrimental changes in the resident biological community.
"Without detrimental changes in the resident biological community" means no significant
loss of species or excessive dominance by any species or group of species attributable
to human activity.
[
1985, c. 698, §15 (NEW)
.]
SECTION HISTORY
1985, c. 698, §15 (NEW).
1987, c. 180, §6 (AMD).
1987, c. 419, §11 (AMD).
1989, c. 864, §2 (AMD).
1993, c. 344, §3 (AMD).
1995, c. 284, §2 (AMD).
2005, c. 182, §7 (AMD).