Part II (NPDES Part II Standard Conditions, April 2018)

U.S. Environmental Protection Agency · from the EPA · 21 pages · 384 KB
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NPDES PART II STANDARD CONDITIONS 
(April 26, 2018) 1 
TABLE OF CONTENTS 
A. GENERAL CONDITIONS Page 
1. Duty to Comply 2 
2. Permit Actions 3 
3. Duty to Provide Information 4 
4. Oil and Hazardous Substance Liability 4 
5. Property Rights 4 
6. Confidentiality of Information 4 
7. Duty to Reapply 4 
8. State Authorities 4 
9. Other laws 5 
B. OPERATION AND MAINTENANCE OF POLLUTION CONTROLS 
1. Proper Operation and Maintenance 5 
2. Need to Halt or Reduce Not a Defense 5 
3. Duty to Mitigate 5 
4. Bypass 5 
5. Upset 6 
C. MONITORING AND RECORDS 
1. Monitoring and Records 7 
2. Inspection and Entry 8 
D. REPORTING REQUIREMENTS 
1. Reporting Requirements 8 
a. Planned changes 8 
b. Anticipated noncompliance 8 
c. Transfers 9 
d. Monitoring reports 9 
e. Twenty-four hour reporting 9 
f. Compliance schedules 10 
g. Other noncompliance 10 
h. Other information 10 
i. Identification of the initial recipient for NPDES electronic reporting data 11 
2. Signatory Requirement 11 
3. Availability of Reports 11 
E. DEFINITIONS AND ABBREVIATIONS 
1. General Definitions 11 
2. Commonly Used Abbreviations 20 
1 Updated July 17, 2018 to fix typographical errors.

NPDES PART II STANDARD CONDITIONS
(April 26, 2018) 
A. GENERAL REQUIREMENTS 
1. Duty to Comply 
The Permittee must comply with all conditions of this permit. Any permit noncompliance
constitutes a violation of the Clean Water Act (CWA or Act) and is grounds for enforcement
action; for permit termination, revocation and reissuance, or modification; or denial of a permit
renewal application. 
a. The Permittee shall comply with effluent standards or prohibitions established under
Section 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage
sludge use or disposal established under Section 405(d) of the CWA within the time
provided in the regulations that establish these standards or prohibitions, or standards for
sewage sludge use or disposal, even if the permit has not yet been modified to
incorporate the requirement. 
b. Penalties for Violations of Permit Conditions: The Director will adjust the civil and
administrative penalties listed below in accordance with the Civil Monetary Penalty
Inflation Adjustment Rule (83 Fed. Reg. 1190-1194 (January 10, 2018) and the 2015
amendments to the Federal Civil Penalties Inflation Adjustment Act of 1990, 28 U.S.C. §
2461 note. See Pub. L.114-74, Section 701 (Nov. 2, 2015)). These requirements help
ensure that EPA penalties keep pace with inflation. Under the above-cited 2015
amendments to inflationary adjustment law, EPA must review its statutory civil penalties
each year and adjust them as necessary. 
(1) Criminal Penalties 
(a) Negligent Violations. The CWA provides that any person who
negligently violates permit conditions implementing Sections 301, 302,
306, 307, 308, 318, or 405 of the Act is subject to criminal penalties of
not less than $2,500 nor more than $25,000 per day of violation, or
imprisonment of not more than 1 year, or both. In the case of a second
or subsequent conviction for a negligent violation, a person shall be
subject to criminal penalties of not more than $50,000 per day of
violation or by imprisonment of not more than 2 years, or both. 
(b) Knowing Violations. The CWA provides that any person who
knowingly violates permit conditions implementing Sections 301, 302,
306, 307, 308, 318, or 405 of the Act is subject to a fine of not less than
$5,000 nor more than $50,000 per day of violation, or by imprisonment
for not more than 3 years, or both. In the case of a second or subsequent
conviction for a knowing violation, a person shall be subject to criminal
penalties of not more than $100,000 per day of violation, or
imprisonment of not more than 6 years, or both. 
(c) Knowing Endangerment. The CWA provides that any person who
knowingly violates permit conditions implementing Sections 301, 302,
303, 306, 307, 308, 318, or 405 of the Act and who knows at that time
that he or she is placing another person in imminent danger of death or
serious bodily injury shall upon conviction be subject to a fine of not
more than $250,000 or by imprisonment of not more than 15 years, or
both. In the case of a second or subsequent conviction for a knowing 
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endangerment violation, a person shall be subject to a fine of not more
than $500,000 or by imprisonment of not more than 30 years, or both.
An organization, as defined in Section 309(c)(3)(B)(iii) of the Act,
shall, upon conviction of violating the imminent danger provision, be
subject to a fine of not more than $1,000,000 and can be fined up to
$2,000,000 for second or subsequent convictions. 
(d) False Statement. The CWA provides that any person who falsifies,
tampers with, or knowingly renders inaccurate any monitoring device or
method required to be maintained under this permit shall, upon
conviction, be punished by a fine of not more than $10,000, or by
imprisonment for not more than 2 years, or both. If a conviction of a
person is for a violation committed after a first conviction of such
person under this paragraph, punishment is a fine of not more than
$20,000 per day of violation, or by imprisonment of not more than 4
years, or both. The Act further provides that any person who knowingly
makes any false statement, representation, or certification in any record
or other document submitted or required to be maintained under this
permit, including monitoring reports or reports of compliance or non - 
compliance shall, upon conviction, be punished by a fine of not more
than $10,000 per violation, or by imprisonment for not more than 6
months per violation, or by both. 
(2) Civil Penalties . The CWA provides that any person who violates a permit
condition implementing Sections 301, 302, 306, 307, 308, 318, or 405 of the
Act is subject to a civil penalty not to exceed the maximum amounts
authorized by Section 309(d) of the Act, the 2015 amendments to the Federal
Civil Penalties Inflation Adjustment Act of 1990, 28 U.S.C. § 2461 note, and
40 C.F.R. Part 19. See Pub. L.114-74, Section 701 (Nov. 2, 2015); 83 Fed.
Reg. 1190 (January 10, 2018). 
(3) Administrative Penalties . The CWA provides that any person who violates a
permit condition implementing Sections 301, 302, 306, 307, 308, 318, or 405
of the Act is subject to an administrative penalty as follows: 
(a) Class I Penalty. Not to exceed the maximum amounts authorized by
Section 309(g)(2)(A) of the Act, the 2015 amendments to the Federal
Civil Penalties Inflation Adjustment Act of 1990, 28 U.S.C. § 2461
note, and 40 C.F.R. Part 19. See Pub. L.114-74, Section 701 (Nov. 2,
2015); 83 Fed. Reg. 1190 (January 10, 2018). 
(b) Class II Penalty. Not to exceed the maximum amounts authorized by
Section 309(g)(2)(B) of the Act the 2015 amendments to the Federal
Civil Penalties Inflation Adjustment Act of 1990, 28 U.S.C. § 2461
note, and 40 C.F.R. Part 19. See Pub. L.114-74, Section 701 (Nov. 2,
2015); 83 Fed. Reg. 1190 (January 10, 2018). 
2. Permit Actions 
This permit may be modified, revoked and reissued, or terminated for cause. The filing of a
request by the Permittee for a permit modification, revocation and reissuance, or termination,
or a notification of planned changes or anticipated noncompliance does not stay any permit 
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condition. 
3. Duty to Provide Information 
The Permittee shall furnish to the Director, within a reasonable time, any information which the
Director may request to determine whether cause exists for modifying, revoking and reissuing,
or terminating this permit, or to determine compliance with this permit. The Permittee shall also
furnish to the Director, upon request, copies of records required to be kept by this permit. 
4. Oil and Hazardous Substance Liability 
Nothing in this permit shall be construed to preclude the institution of any legal action or relieve
the Permittee from responsibilities, liabilities or penalties to which the Permittee is or may be
subject under Section 311 of the CWA, or Section 106 of the Comprehensive Environmental
Response, Compensation and Liability Act of 1980 (CERCLA). 
5. Property Rights 
This permit does not convey any property rights of any sort, or any exclusive privilege. 
6. Confidentiality of Information 
a. In accordance with 40 C.F.R. Part 2, any information submitted to EPA pursuant to
these regulations may be claimed as confidential by the submitter. Any such claim must
be asserted at the time of submission in the manner prescribed on the application form
or instructions or, in the case of other submissions, by stamping the words “confidential 
business information” on each page containing such information. If no claim is made at 
the time of submission, EPA may make the information available to the public without
further notice. If a claim is asserted, the information will be treated in accordance with
the procedures in 40 C.F.R. Part 2 (Public Information). 
b. Claims of confidentiality for the following information will be denied: 
(1) The name and address of any permit applicant or Permittee; 
(2) Permit applications, permits, and effluent data. 
c. Information required by NPDES application forms provided by the Director under 40
C.F.R. § 122.21 may not be claimed confidential. This includes information submitted
on the forms themselves and any attachments used to supply information required by
the forms. 
7. Duty to Reapply 
If the Permittee wishes to continue an activity regulated by this permit after the expiration date
of this permit, the Permittee must apply for and obtain a new permit. The Permittee shall
submit a new application at least 180 days before the expiration date of the existing permit,
unless permission for a later date has been granted by the Director. (The Director shall not grant
permission for applications to be submitted later than the expiration date of the existing permit.) 
8. State Authorities 
Nothing in Parts 122, 123, or 124 precludes more stringent State regulation of any activity 
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covered by the regulations in 40 C.F.R. Parts 122, 123, and 124, whether or not under an
approved State program. 
9. Other Laws 
The issuance of a permit does not authorize any injury to persons or property or invasion of other
private rights, or any infringement of State or local law or regulations. 
B. OPERATION AND MAINTENANCE OF POLLUTION CONTROLS 
1. Proper Operation and Maintenance 
The Permittee shall at all times properly operate and maintain all facilities and systems of
treatment and control (and related appurtenances) which are installed or used by the Permittee to
achieve compliance with the conditions of this permit. Proper operation and maintenance also
includes adequate laboratory controls and appropriate quality assurance procedures. This
provision requires the operation of back-up or auxiliary facilities or similar systems which are
installed by a Permittee only when the operation is necessary to achieve compliance with the
conditions of the permit. 
2. Need to Halt or Reduce Not a Defense 
It shall not be a defense for a Permittee in an enforcement action that it would have been
necessary to halt or reduce the permitted activity in order to maintain compliance with the
conditions of this permit. 
3. Duty to Mitigate 
The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use
or disposal in violation of this permit which has a reasonable likelihood of adversely affecting
human health or the environment. 
4. Bypass 
a. Definitions 
(1) Bypass means the intentional diversion of waste streams from any portion of a
treatment facility. 
(2) Severe property damage means substantial physical damage to property,
damage to the treatment facilities which causes them to become inoperable, or
substantial and permanent loss of natural resources which can reasonably be
expected to occur in the absence of a bypass. Severe property damage does not
mean economic loss caused by delays in production. 
b. Bypass not exceeding limitations. The Permittee may allow any bypass to occur which
does not cause effluent limitations to be exceeded, but only if it also is for essential
maintenance to assure efficient operation. These bypasses are not subject to the provisions
of paragraphs (c) and (d) of this Section. 
c. Notice 
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(1) Anticipated bypass . If the Permittee knows in advance of the need for a
bypass, it shall submit prior notice, if possible at least ten days before the date
of the bypass. As of December 21, 2020 all notices submitted in compliance
with this Section must be submitted electronically by the Permittee to the
Director or initial recipient, as defined in 40 C.F.R. § 127.2(b), in compliance
with this Section and 40 C.F.R. Part 3 (including, in all cases, Subpart D to
Part 3), § 122.22, and 40 C.F.R. Part 127. Part 127 is not intended to undo
existing requirements for electronic reporting. Prior to this date, and
independent of Part 127, Permittees may be required to report electronically if
specified by a particular permit or if required to do so by state law. 
(2) Unanticipated bypass . The Permittee shall submit notice of an unanticipated
bypass as required in paragraph D.1.e. of this part (24-hour notice). As of
December 21, 2020 all notices submitted in compliance with this Section
must be submitted electronically by the Permittee to the Director or initial
recipient, as defined in 40 C.F.R. § 127.2(b), in compliance with this Section
and 40 C.F.R. Part 3 (including, in all cases, Subpart D to Part 3), § 122.22,
and 40 C.F.R. Part 127. Part 127 is not intended to undo existing requirements
for electronic reporting. Prior to this date, and independent of Part 127,
Permittees may be required to report electronically if specified by a particular
permit or required to do so by law. 
d. Prohibition of bypass. 
(1) Bypass is prohibited, and the Director may take enforcement action
against a Permittee for bypass, unless: 
(a) Bypass was unavoidable to prevent loss of life, personal injury, or
severe property damage; 
(b) There were no feasible alternatives to the bypass, such as the use
of auxiliary treatment facilities, retention of untreated wastes, or
maintenance during normal periods of equipment downtime. This
condition is not satisfied if adequate back-up equipment should
have been installed in the exercise of reasonable engineering
judgment to prevent a bypass which occurred during normal
periods of equipment downtime or preventative maintenance; and 
(c) The Permittee submitted notices as required under paragraph 4.c
of this Section. 
(2) The Director may approve an anticipated bypass, after considering its adverse
effects, if the Director determines that it will meet the three conditions listed
above in paragraph 4.d of this Section. 
5. Upset 
a. Definition . Upset means an exceptional incident in which there is an unintentional and
temporary noncompliance with technology based permit effluent limitations because of
factors beyond the reasonable control of the Permittee. An upset does not include
noncompliance to the extent caused by operational error, improperly designed treatment
facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or 
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improper operation. 
b. Effect of an upset. An upset constitutes an affirmative defense to an action brought for
noncompliance with such technology based permit effluent limitations if the
requirements of paragraph B.5.c. of this Section are met. No determination made
during administrative review of claims that noncompliance was caused by upset, and
before an action for noncompliance, is final administrative action subject to judicial
review. 
c. Conditions necessary for a demonstration of upset. A Permittee who wishes to establish
the affirmative defense of upset shall demonstrate, through properly signed,
contemporaneous operating logs, or other relevant evidence that: 
(1) An upset occurred and that the Permittee can identify the cause(s) of the upset; 
(2) The permitted facility was at the time being properly operated; and 
(3) The Permittee submitted notice of the upset as required in paragraph D.1.e.2.b.
(24-hour notice). 
(4) The Permittee complied with any remedial measures required under B.3. above. 
d. Burden of proof. In any enforcement proceeding the Permittee seeking to establish the
occurrence of an upset has the burden of proof. 
C. MONITORING REQUIREMENTS 
1. Monitoring and Records 
a. Samples and measurements taken for the purpose of monitoring shall be representative of
the monitored activity. 
b. Except for records of monitoring information required by this permit related to the
Permittee’s sewage sludge use and disposal activities, which shall be retained for a
period of at least 5 years (or longer as required by 40 C.F.R. § 503), the Permittee shall
retain records of all monitoring information, including all calibration and maintenance
records and all original strip chart recordings for continuous monitoring instrumentation,
copies of all reports required by this permit, and records of all data used to complete the
application for this permit, for a period of at least 3 years from the date of the sample,
measurement, report or application. This period may be extended by request of the
Director at any time. 
c. Records of monitoring information shall include: 
(1) The date, exact place, and time of sampling or measurements; 
(2) The individual(s) who performed the sampling or measurements; 
(3) The date(s) analyses were performed; 
(4) The individual(s) who performed the analyses; 
(5) The analytical techniques or methods used; and 
(6) The results of such analyses. 
d. Monitoring must be conducted according to test procedures approved under 40 C.F.R.
§ 136 unless another method is required under 40 C.F.R. Subchapters N or O. 
e. The Clean Water Act provides that any person who falsifies, tampers with, or 
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knowingly renders inaccurate any monitoring device or method required to be
maintained under this permit shall, upon conviction, be punished by a fine of not more
than $10,000, or by imprisonment for not more than 2 years, or both. If a conviction of
a person is for a violation committed after a first conviction of such person under this
paragraph, punishment is a fine of not more than $20,000 per day of violation, or by
imprisonment of not more than 4 years, or both. 
2. Inspection and Entry 
The Permittee shall allow the Director, or an authorized representative (including an
authorized contractor acting as a representative of the Administrator), upon presentation
of credentials and other documents as may be required by law, to: 
a. Enter upon the Permittee’s premises where a regulated facility or activity is located or 
conducted, or where records must be kept under the conditions of this permit; 
b. Have access to and copy, at reasonable times, any records that must be kept under the
conditions of this permit; 
c. Inspect at reasonable times any facilities, equipment (including monitoring and control
equipment), practices, or operations regulated or required under this permit; and 
d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or
as otherwise authorized by the Clean Water Act, any substances or parameters at any
location. 
D. REPORTING REQUIREMENTS 
1. Reporting Requirements 
a. Planned Changes . The Permittee shall give notice to the Director as soon as possible of
any planned physical alterations or additions to the permitted facility. Notice is required
only when: 
(1) The alteration or addition to a permitted facility may meet one of the criteria
for determining whether a facility is a new source in 40 C.F.R. § 122.29(b); or 
(2) The alteration or addition could significantly change the nature or increase
the quantity of pollutants discharged. This notification applies to pollutants
which are subject neither to effluent limitations in the permit, nor to
notification requirements at 40 C.F.R. § 122.42(a)(1). 
(3) The alteration or addition results in a significant change in the Permittee’s
sludge use or disposal practices, and such alteration, addition, or change may
justify the application of permit conditions that are different from or absent in
the existing permit, including notification of additional use or disposal sites
not reported during the permit application process or not reported pursuant to
an approved land application plan. 
b. Anticipated noncompliance . The Permittee shall give advance notice to the Director
of any planned changes in the permitted facility or activity which may result in
noncompliance with permit requirements. 
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c. Transfers . This permit is not transferable to any person except after notice to the
Director. The Director may require modification or revocation and reissuance of
the permit to change the name of the Permittee and incorporate such other
requirements as may be necessary under the Clean Water Act. See 40 C.F.R. §
122.61; in some cases, modification or revocation and reissuance is mandatory. 
d. Monitoring reports . Monitoring results shall be reported at the intervals specified
elsewhere in this permit. 
(1) Monitoring results must be reported on a Discharge Monitoring Report (DMR)
or forms provided or specified by the Director for reporting results of
monitoring of sludge use or disposal practices. As of December 21, 2016 all
reports and forms submitted in compliance with this Section must be submitted
electronically by the Permittee to the Director or initial recipient, as defined in
40 C.F.R. § 127.2(b), in compliance with this Section and 40 C.F.R. Part 3
(including, in all cases, Subpart D to Part 3), § 122.22, and 40 C.F.R. Part 127.
Part 127 is not intended to undo existing requirements for electronic reporting.
Prior to this date, and independent of Part 127, Permittees may be required to
report electronically if specified by a particular permit or if required to do so by
State law. 
(2) If the Permittee monitors any pollutant more frequently than required by the
permit using test procedures approved under 40 C.F.R. § 136, or another
method required for an industry-specific waste stream under 40 C.F.R.
Subchapters N or O, the results of such monitoring shall be included in the
calculation and reporting of the data submitted in the DMR or sludge
reporting form specified by the Director. 
(3) Calculations for all limitations which require averaging or measurements
shall utilize an arithmetic mean unless otherwise specified by the Director
in the permit. 
e. Twenty-four hour reporting. 
(1) The Permittee shall report any noncompliance which may endanger health
or the environment. Any information shall be provided orally within 24
hours from the time the Permittee becomes aware of the circumstances. A
written report shall also be provided within 5 days of the time the Permittee
becomes aware of the circumstances. The written report shall contain a
description of the noncompliance and its cause; the period of
noncompliance, including exact dates and times, and if the noncompliance
has not been corrected, the anticipated time it is expected to continue; and
steps taken or planned to reduce, eliminate, and prevent reoccurrence of the
noncompliance. For noncompliance events related to combined sewer
overflows, sanitary sewer overflows, or bypass events, these reports must
include the data described above (with the exception of time of discovery)
as well as the type of event (combined sewer overflows, sanitary sewer
overflows, or bypass events), type of sewer overflow structure (e.g.,
manhole, combined sewer overflow outfall), discharge volumes untreated
by the treatment works treating domestic sewage, types of human health and
environmental impacts of the sewer overflow event, and whether the
noncompliance was related to wet weather. As of December 21, 2020 all 
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reports related to combined sewer overflows, sanitary sewer overflows, or
bypass events submitted in compliance with this section must be submitted
electronically by the Permittee to the Director or initial recipient, as defined
in 40 C.F.R. § 127.2(b), in compliance with this Section and 40 C.F.R. Part
3 (including, in all cases Subpart D to Part 3), § 122.22, and 40 C.F.R. Part
127. Part 127 is not intended to undo existing requirements for electronic
reporting. Prior to this date, and independent of Part 127, Permittees may be
required to electronically submit reports related to combined sewer
overflows, sanitary sewer overflows, or bypass events under this section by
a particular permit or if required to do so by state law. The Director may
also require Permittees to electronically submit reports not related to
combined sewer overflows, sanitary sewer overflows, or bypass events
under this section. 
(2) The following shall be included as information which must be reported within
24 hours under this paragraph. 
(a) Any unanticipated bypass which exceeds any effluent limitation in the
permit. See 40 C.F.R. § 122.41(g). 
(b) Any upset which exceeds any effluent limitation in the permit. 
(c) Violation of a maximum daily discharge limitation for any of the
pollutants listed by the Director in the permit to be reported
within 24 hours. See 40 C.F.R. § 122.44(g). 
(3) The Director may waive the written report on a case-by-case basis for reports
under paragraph D.1.e. of this Section if the oral report has been received
within 24 hours. 
f. Compliance Schedules. Reports of compliance or noncompliance with, or any progress
reports on, interim and final requirements contained in any compliance schedule of
this permit shall be submitted no later than 14 days following each schedule date. 
g. Other noncompliance. The Permittee shall report all instances of noncompliance not
reported under paragraphs D.1.d., D.1.e., and D.1.f. of this Section, at the time
monitoring reports are submitted. The reports shall contain the information listed in
paragraph D.1.e. of this Section. For noncompliance events related to combined sewer
overflows, sanitary sewer overflows, or bypass events, these reports shall contain the
information described in paragraph D.1.e. and the applicable required data in Appendix
A to 40 C.F.R. Part 127. As of December 21, 2020 all reports related to combined sewer
overflows, sanitary sewer overflows, or bypass events submitted in compliance with this
section must be submitted electronically by the Permittee to the Director or initial
recipient, as defined in 40 C.F.R. § 127.2(b), in compliance with this Section and 40
C.F.R. Part 3 (including, in all cases, Subpart D to Part 3), §122.22, and 40 C.F.R. Part
127. Part 127 is not intended to undo existing requirements for electronic reporting.
Prior to this date, and independent of Part 127, Permittees may be required to
electronically submit reports related to combined sewer overflows, sanitary sewer
overflows, or bypass events under this section by a particular permit or if required to do
so by state law. The Director may also require Permittees to electronically submit reports
not related to combined sewer overflows, sanitary sewer overflows, or bypass events
under this Section. 
h. Other information. Where the Permittee becomes aware that it failed to submit any 
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relevant facts in a permit application, or submitted incorrect information in a permit
application or in any report to the Director, it shall promptly submit such facts or
information. 
i. Identification of the initial recipient for NPDES electronic reporting data . The owner,
operator, or the duly authorized representative of an NPDES-regulated entity is
required to electronically submit the required NPDES information (as specified in
Appendix A to 40 C.F.R. Part 127) to the appropriate initial recipient, as determined by
EPA, and as defined in 40 C.F.R. § 127.2(b). EPA will identify and publish the list of
initial recipients on its Web site and in the FEDERAL REGISTER, by state and by
NPDES data group (see 40 C.F.R. § 127.2(c) of this Chapter). EPA will update and
maintain this listing. 
2. Signatory Requirement 
a. All applications, reports, or information submitted to the Director shall be signed and
certified. See 40 C.F.R. §122.22. 
b. The CWA provides that any person who knowingly makes any false statement,
representation, or certification in any record or other document submitted or
required to be maintained under this permit, including monitoring reports or reports
of compliance or non-compliance shall, upon conviction, be punished by a fine of
not more than $10,000 per violation, or by imprisonment for not more than 6 months
per violation, or by both. 
3. Availability of Reports. 
Except for data determined to be confidential under paragraph A.6. above, all reports prepared in
accordance with the terms of this permit shall be available for public inspection at the offices of
the State water pollution control agency and the Director. As required by the CWA, effluent data
shall not be considered confidential. Knowingly making any false statements on any such report
may result in the imposition of criminal penalties as provided for in Section 309 of the CWA. 
E. DEFINITIONS AND ABBREVIATIONS 
1. General Definitions 
For more definitions related to sludge use and disposal requirements, see EPA Region 1’s NPDES 
Permit Sludge Compliance Guidance document (4 November 1999, modified to add regulatory
definitions, April 2018). 
Administrator means the Administrator of the United States Environmental Protection Agency, or
an authorized representative. 
Applicable standards and limitations means all, State, interstate, and federal standards and
limitations to which a “discharge,” a “sewage sludge use or disposal practice,” or a related
activity is subject under the CWA, including “effluent limitations,” water quality standards,
standards of performance, toxic effluent standards or prohibitions, “best management practices,”
pretreatment standards, and “standards for sewage sludge use or disposal” under Sections 301,
302, 303, 304, 306, 307, 308, 403 and 405 of the CWA. 
Application means the EPA standard national forms for applying for a permit, including any
additions, revisions, or modifications to the forms; or forms approved by EPA for use in 
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“approved States,” including any approved modifications or revisions. 
Approved program or approved State means a State or interstate program which has been
approved or authorized by EPA under Part 123. 
Average monthly discharge limitation means the highest allowable average of “daily discharges” 
over a calendar month, calculated as the sum of all “daily discharges” measured during a 
calendar month divided by the number of “daily discharges” measured during that month. 
Average weekly discharge limitation means the highest allowable average of “daily discharges”
over a calendar week, calculated as the sum of all “daily discharges” measured during a calendar 
week divided by the number of “daily discharges” measured during that week. 
Best Management Practices (“BMPs”) means schedules of activities, prohibitions of practices,
maintenance procedures, and other management practices to prevent or reduce the pollution of 
“waters of the United States.” BMPs also include treatment requirements, operating procedures, 
and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage
from raw material storage. 
Bypass see B.4.a.1 above. 
C-NOEC or “Chronic (Long-term Exposure Test) – No Observed Effect Concentration” 
means the highest tested concentration of an effluent or a toxicant at which no adverse
effects are observed on the aquatic test organisms at a specified time of observation. 
Class I sludge management facility is any publicly owned treatment works (POTW), as
defined in 40 C.F.R. § 501.2, required to have an approved pretreatment program under 40 
C.F.R. § 403.8 (a) (including any POTW located in a State that has elected to assume local
program responsibilities pursuant to 40 C.F.R. § 403.10 (e)) and any treatment works
treating domestic sewage, as defined in 40 C.F.R. § 122.2, classified as a Class I sludge
management facility by the EPA Regional Administrator, or, in the case of approved State
programs, the Regional Administrator in conjunction with the State Director, because of
the potential for its sewage sludge use or disposal practice to affect public health and the
environment adversely. 
Contiguous zone means the entire zone established by the United States under Article 24 of
the Convention on the Territorial Sea and the Contiguous Zone. 
Continuous discharge means a “discharge” which occurs without interruption throughout the 
operating hours o f the facility, except for infrequent shutdowns for maintenance, process
changes, or similar activities. 
CWA means the Clean Water Act (formerly referred to as the Federal Water Pollution Control
Act or Federal Water Pollution Control Act Amendments of 1972) Public Law 92-500, as
amended by Public Law 95-217, Public Law 95-576, Public Law 96-483and Public Law 97-117,
33 U.S.C. 1251 et seq . 
CWA and regulations means the Clean Water Act (CWA) and applicable regulations
promulgated thereunder. In the case of an approved State program, it includes State program
requirements. 
Daily Discharge means the “discharge of a pollutant” measured during a calendar day or any 
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other 24-hour period that reasonably represents the calendar day for purposes of sampling. For 
pollutants with limitations expressed in units of mass, the “daily discharge” is calculated as the 
total mass of the pollutant discharged over the day. For pollutants with limitations expressed in 
other units of measurements, the “daily discharge” is calculated as the average measurement of 
the pollutant over the day. 
Direct Discharge means the “discharge of a pollutant.” 
Director means the Regional Administrator or an authorized representative. In the case of a permit 
also issued under Massachusetts’ authority, it also refers to the Director of the Division of 
Watershed Management, Department of Environmental Protection, Commonwealth of
Massachusetts. 
Discharge 
(a) When used without qualification, discharge means the “discharge of a pollutant.” 
(b) As used in the definitions for “interference” and “pass through,” discharge means the
introduction of pollutants into a POTW from any non-domestic source regulated under
Section 307(b), (c) or (d) of the Act. 
Discharge Monitoring Report (“DMR”) means the EPA uniform national form, including any
subsequent additions, revisions, or modifications for the reporting of self-monitoring results by
Permittees. DMRs must be used by “approved States” as well as by EPA. EPA will supply 
DMRs to any approved State upon request. The EPA national forms may be modified to
substitute the State Agency name, address, logo, and other similar information, as appropriate, in 
place of EPA’s. 
Discharge of a pollutant means: 
(a) Any addition of any “pollutant” or combination of pollutants to “waters of the United
States” from any “point source,” or 
(b) Any addition of any pollutant or combination of pollutants to the waters of the 
“contiguous zone” or the ocean from any point source other than a vessel or other 
floating craft which is being used as a means of transportation. 
This definition includes additions of pollutants into waters of the United States from: surface
runoff which is collected or channeled by man; discharges through pipes, sewers, or other
conveyances owned by a State, municipality, or other person which do not lead to a treatment
works; and discharges through pipes, sewers, or other conveyances, leading into privately owned
treatment works. This term does not include an addition of pollutants by any “indirect 
discharger.” 
Effluent limitation means any restriction imposed by the Director on quantities, discharge rates,
and concentrations of “pollutants” which are “discharged” from “point sources” into “waters of 
the United States,” the waters of the “contiguous zone,” or the ocean. 
Effluent limitation guidelines means a regulation published by the Administrator under section
304(b) of CWA to adopt or revise “effluent limitations.” 
Environmental Protection Agency (“EPA”) means the United States Environmental Protection 
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Agency. 
Grab Sample means an individual sample collected in a period of less than 15 minutes. 
Hazardous substance means any substance designated under 40 C.F.R. Part 116 pursuant to
Section 311 of CWA. 
Incineration is the combustion of organic matter and inorganic matter in sewage sludge by
high temperatures in an enclosed device. 
Indirect discharger means a nondomestic discharger introducing “pollutants” to a “publicly
owned treatment works.” 
Interference means a discharge (see definition above) which, alone or in conjunction with a
discharge or discharges from other sources, both: 
(a) Inhibits or disrupts the POTW, its treatment processes or operations, or its sludge
processes, use or disposal; and 
(b) Therefore is a cause of a violation of any requirement of the POTW’s NPDES permit 
(including an increase in the magnitude or duration of a violation) or of the prevention of
sewage sludge use or disposal in compliance with the following statutory provisions and
regulations or permits issued thereunder (or more stringent State or local regulations):
Section 405 of the Clean Water Act, the Solid Waste Disposal Act (SWDA) (including
title II, more commonly referred to as the Resources Conservation and Recovery Act
(RCRA), and including State regulations contained in any State sludge management plan
prepared pursuant to Subtitle D of the SDWA), the Clean Air Act, the Toxic Substances
Control Act, and the Marine Protection, Research and Sanctuaries Act. 
Landfill means an area of land or an excavation in which wastes are placed for permanent
disposal, and that is not a land application unit, surface impoundment, injection well, or waste
pile. 
Land application is the spraying or spreading of sewage sludge onto the land surface; the
injection of sewage sludge below the land surface; or the incorporation of sewage sludge into the
soil so that the sewage sludge can either condition the soil or fertilize crops or vegetation grown
in the soil. 
Land application unit means an area where wastes are applied onto or incorporated into the
soil surface (excluding manure spreading operations) for agricultural purposes or for
treatment and disposal. 
LC50 means the concentration of a sample that causes mortality of 50% of the test population at a
specific time of observation. The LC50 = 100% is defined as a sample of undiluted effluent. 
Maximum daily discharge limitation means the highest allowable “daily discharge.” 
Municipal solid waste landfill (MSWLF) unit means a discrete area of land or an excavation that
receives household waste, and that is not a land application unit, surface impoundment, injection
well, or waste pile, as those terms are defined under 40 C.F.R. § 257.2. A MSWLF unit also may
receive other types of RCRA Subtitle D wastes, such as commercial solid waste, nonhazardous
sludge, very small quantity generator waste and industrial solid waste. Such a landfill may be 
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publicly or privately owned. A MSWLF unit may be a new MSWLF unit, an existing MSWLF
unit or a lateral expansion. A construction and demolition landfill that receives residential lead-
based paint waste and does not receive any other household waste is not a MSWLF unit. 
Municipality 
(a) When used without qualification municipality means a city, town, borough, county,
parish, district, association, or other public body created by or under State law and
having jurisdiction over disposal of sewage, industrial wastes, or other wastes, or an
Indian tribe or an authorized Indian tribal organization, or a designated and approved
management agency under Section 208 of CWA. 
(b) As related to sludge use and disposal, municipality means a city, town, borough, county,
parish, district, association, or other public body (including an intermunicipal Agency of
two or more of the foregoing entities) created by or under State law; an Indian tribe or an
authorized Indian tribal organization having jurisdiction over sewage sludge
management; or a designated and approved management Agency under Section 208 of
the CWA, as amended. The definition includes a special district created under State law,
such as a water district, sewer district, sanitary district, utility district, drainage district, or
similar entity, or an integrated waste management facility as defined in Section 201 (e) of
the CWA, as amended, that has as one of its principal responsibilities the treatment,
transport, use or disposal of sewage sludge. 
National Pollutant Discharge Elimination System means the national program for issuing,
modifying, revoking and reissuing, terminating, monitoring and enforcing permits, and imposing
and enforcing pretreatment requirements, under Sections 307, 402, 318, and 405 of the CWA.
The term includes an “approved program.” 
New Discharger means any building, structure, facility, or installation: 
(a) From which there is or may be a “discharge of pollutants;” 
(b) That did not commence the “discharge of pollutants” at a particular “site” prior to August 
13, 1979; 
(c) Which is not a “new source;” and 
(d) Which has never received a finally effective NPDES permit for discharges at that “site.” 
This definition includes an “indirect discharger” which commences discharging into “waters of 
the United States” after August 13, 1979. It also includes any existing mobile point source (other 
than an offshore or coastal oil and gas exploratory drilling rig or a coastal oil and gas exploratory
drilling rig or a coastal oil and gas exploratory drilling rig or a coastal oil and gas developmental
drilling rig) such as a seafood processing rig, seafood processing vessel, or aggregate plant, that 
begins discharging at a “site” for which it does not have a permit; and any offshore or coastal 
mobile oil and gas exploratory drilling rig or coastal mobile oil and gas developmental drilling rig 
that commences the discharge of pollutants after August 13, 1979, at a ”site” under EPA’s 
permitting jurisdiction for which it is not covered by an individual or general permit and which is
located in an area determined by the Director in the issuance of a final permit to be in an area of
biological concern. In determining whether an area is an area of biological concern, the Director
shall consider the factors specified in 40 C.F.R. §§ 125.122 (a) (1) through (10). 
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An offshore or coastal mobile exploratory drilling rig or coastal mobile developmental drilling 
rig will be considered a “new discharger” only for the duration of its discharge in an area of 
biological concern. 
New source means any building, structure, facility, or installation from which there is or may
be a “discharge of pollutants,” the construction of which commenced: 
(a) After promulgation of standards of performance under Section 306 of CWA
which are applicable to such source, or 
(b) After proposal of standards of performance in accordance with Section 306 of CWA
which are applicable to such source, but only if the standards are promulgated in
accordance with Section 306 within 120 days of their proposal. 
NPDES means “National Pollutant Discharge Elimination System.” 
Owner or operator means the owner or operator of any “facility or activity” subject to 
regulation under the NPDES programs. 
Pass through means a Discharge (see definition above) which exits the POTW into waters of the
United States in quantities or concentrations which, alone or in conjunction with a discharge or 
discharges from other sources, is a cause of a violation of any requirement of the POTW’s 
NPDES permit (including an increase in the magnitude or duration of a violation). 
Pathogenic organisms are disease-causing organisms. These include, but are not limited to,
certain bacteria, protozoa, viruses, and viable helminth ova. 
Permit means an authorization, license, or equivalent control document issued by EPA
or an “approved State” to implement the requirements of Parts 122, 123, and 124.
“Permit” includes an NPDES “general permit” (40 C.F.R § 122.28). “Permit” does not
include any permit which has not yet been the subject of final agency action, such as a 
“draft permit” or “proposed permit.” 
Person means an individual, association, partnership, corporation, municipality, State or
Federal agency, or an agent or employee thereof. 
Person who prepares sewage sludge is either the person who generates sewage sludge during the
treatment of domestic sewage in a treatment works or the person who derives a material from
sewage sludge. 
pH means the logarithm of the reciprocal of the hydrogen ion concentration measured at 25°
Centigrade or measured at another temperature and then converted to an equivalent value at 25°
Centigrade. 
Point Source 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, landfill leachate collection system, vessel or other
floating craft from which pollutants are or may be discharged. This term does not include return
flows from irrigated agriculture or agricultural storm water runoff (see 40 C.F.R. § 122.3). 
Pollutant means dredged spoil, solid waste, incinerator residue, filter backwash, sewage,
garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials 
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(except those regulated under the Atomic Energy Act of 1954, as amended (42 U.S.C. 2011 et
seq .)), heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal,
and agricultural waste discharged into water. It does not mean: 
(a) Sewage from vessels; or 
(b) Water, gas, or other material which is injected into a well to facilitate production of oil or
gas, or water derived in association with oil and gas production and disposed of in a well,
if the well is used either to facilitate production or for disposal purposes is approved by
the authority of the State in which the well is located, and if the State determines that the
injection or disposal will not result in the degradation of ground or surface water
resources. 
Primary industry category means any industry category listed in the NRDC settlement agreement
( Natural Resources Defense Council et al. v. Train , 8 E.R.C. 2120 (D.D.C. 1976), modified 12 
E.R.C. 1833 (D.D.C. 1979)); also listed in Appendix A of 40 C.F.R. Part 122. 
Privately owned treatment works means any device or system which is (a) used to treat wastes
from any facility whose operator is not the operator of the treatment works and (b) not a
“POTW.” 
Process wastewater means any water which, during manufacturing or processing, comes into
direct contact with or results from the production or use of any raw material, intermediate
product, finished product, byproduct, or waste product. 
Publicly owned treatment works (POTW) means a treatment works as defined by Section
212 of the Act, which is owned by a State or municipality (as defined by Section 504(4) of
the Act). This definition includes any devices and systems used in the storage, treatment,
recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. It also
includes sewers, pipes and other conveyances only if they convey wastewater to a POTW
Treatment Plant. The term also means the municipality as defined in Section 502(4) of the
Act, which has jurisdiction over the indirect discharges to and the discharges from such a
treatment works. 
Regional Administrator means the Regional Administrator, EPA, Region I, Boston, Massachusetts. 
Secondary industry category means any industry which is not a “primary industry category.” 
Septage means the liquid and solid material pumped from a septic tank, cesspool, or similar
domestic sewage treatment system, or a holding tank when the system is cleaned or maintained. 
Sewage Sludge means any solid, semi-solid, or liquid residue removed during the treatment of
municipal waste water or domestic sewage. Sewage sludge includes, but is not limited to, solids
removed during primary, secondary, or advanced waste water treatment, scum, septage, portable
toilet pumpings, type III marine sanitation device pumpings (33 C.F.R. Part 159), and sewage
sludge products. Sewage sludge does not include grit or screenings, or ash generated during the
incineration of sewage sludge. 
Sewage sludge incinerator is an enclosed device in which only sewage sludge and auxiliary
fuel are fired. 
Sewage sludge unit is land on which only sewage sludge is placed for final disposal. This does 
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not include land on which sewage sludge is either stored or treated. Land does not include waters
of the United States, as defined in 40 C.F.R. § 122.2. 
Sewage sludge use or disposal practice means the collection, storage, treatment,
transportation, processing, monitoring, use, or disposal of sewage sludge. 
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 substance designated under Section
101(14) of CERCLA; any chemical the facility is required to report pursuant to Section 313 of
title III of SARA; fertilizers; pesticides; and waste products such as ashes, slag and sludge that
have the potential to be released with storm water discharges. 
Significant spills includes, but is not limited to, releases of oil or hazardous substances in
excess of reportable quantities under Section 311 of the CWA (see 40 C.F.R. §§ 110.10 and 
117.21) or Section 102 of CERCLA ( see 40 C.F.R. § 302.4). 
Sludge-only facility means any “treatment works treating domestic sewage” whose methods of 
sewage sludge use or disposal are subject to regulations promulgated pursuant to section
405(d) of the CWA, and is required to obtain a permit under 40 C.F.R. § 122.1(b)(2). 
State means any of the 50 States, the District of Columbia, Guam, the Commonwealth of Puerto
Rico, the Virgin Islands, American Samoa, the Commonwealth of the Northern Mariana Islands,
the Trust Territory of the Pacific Islands, or an Indian Tribe as defined in the regulations which
meets the requirements of 40 C.F.R. § 123.31. 
Store or storage of sewage sludge is the placement of sewage sludge on land on which the
sewage sludge remains for two years or less. This does not include the placement of sewage
sludge on land for treatment. 
Storm water means storm water runoff, snow melt runoff, and surface runoff and drainage. 
Storm water discharge associated with industrial activity means the discharge from any
conveyance that is used for collecting and conveying storm water and that is directly related to
manufacturing, processing, or raw materials storage areas at an industrial plant. 
Surface disposal site is an area of land that contains one or more active sewage sludge units. 
Toxic pollutant means any pollutant listed as toxic under Section 307(a)(1) or, in the case of
“sludge use or disposal practices,” any pollutant identified in regulations implementing Section
405(d) of the CWA. 
Treatment works treating domestic sewage means a POTW or any other sewage sludge or waste
water treatment devices or systems, regardless of ownership (including federal facilities), used in
the storage, treatment, recycling, and reclamation of municipal or domestic sewage, including
land dedicated for the disposal of sewage sludge. This definition does not include septic tanks or
similar devices. 
For purposes of this definition, “domestic sewage” includes waste and waste water from humans
or household operations that are discharged to or otherwise enter a treatment works. In States
where there is no approved State sludge management program under Section 405(f) of the CWA,
the Director may designate any person subject to the standards for sewage sludge use and 
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disposal in 40 C.F.R. Part 503 as a “treatment works treating domestic sewage,” where he or she 
finds that there is a potential for adverse effects on public health and the environment from poor
sludge quality or poor sludge handling, use or disposal practices, or where he or she finds that
such designation is necessary to ensure that such person is in compliance with 40 C.F.R. Part
503. 
Upset see B.5.a. above. 
Vector attraction is the characteristic of sewage sludge that attracts rodents, flies,
mosquitoes, or other organisms capable of transporting infectious agents. 
Waste pile or pile means any non-containerized accumulation of solid, non-flowing waste that
is used for treatment or storage. 
Waters of the United States or waters of the U.S. means: 
(a) All waters which are currently used, were used in the past, or may be susceptible to use in
interstate or foreign commerce, including all waters which are subject to the ebb and flow
of the tide; 
(b) All interstate waters, including interstate “wetlands;” 
(c) All other waters such as intrastate lakes, rivers, streams (including intermittent streams), 
mudflats, sandflats, “wetlands”, sloughs, prairie potholes, wet meadows, playa lakes, or 
natural ponds the use, degradation, or destruction of which would affect or could affect
interstate or foreign commerce including any such waters: 
(1) Which are or could be used by interstate or foreign travelers for recreational
or other purpose; 
(2) From which fish or shellfish are or could be taken and sold in interstate
or foreign commerce; or 
(3) Which are used or could be used for industrial purposes by industries in
interstate commerce; 
(d) All impoundments of waters otherwise defined as waters of the United States under this
definition; 
(e) Tributaries of waters identified in paragraphs (a) through (d) of this definition; 
(f) The territorial sea; and 
(g) “Wetlands” adjacent to waters (other than waters that are themselves wetlands) identified 
in paragraphs (a) through (f) of this definition. 
Waste treatment systems, including treatment ponds or lagoons designed to meet the
requirements of CWA (other than cooling ponds as defined in 40 C.F.R. § 423.11(m) which also
meet the criteria of this definition) are not waters of the United States. This exclusion applies
only to manmade bodies of water which neither were originally created in waters of the United
States (such as disposal area in wetlands) nor resulted from the impoundment of waters of the
United States. Waters of the United States do not include prior converted cropland. 
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Notwithstanding the determination of an area’s status as prior converted cropland by any other
federal agency, for the purposes of the Clean Water Act, the final authority regarding Clean
Water Act jurisdiction remains with EPA. 
Wetlands means those areas that are inundated or saturated by surface 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. 
Whole Effluent Toxicity (WET) means the aggregate toxic effect of an effluent measured directly
by a toxicity test. 
Zone of Initial Dilution ( ZID) means the region of initial mixing surrounding or adjacent to the
end of the outfall pipe or diffuser ports, provided that the ZID may not be larger than allowed
by mixing zone restrictions in applicable water quality standards. 
2. Commonly Used Abbreviations 
BOD Five-day biochemical oxygen demand unless otherwise specified 
CBOD Carbonaceous BOD 
CFS Cubic feet per second 
COD Chemical oxygen demand 
Chlorine 
Cl2 Total residual chlorine 
TRC Total residual chlorine which is a combination of free available chlorine
(FAC, see below) and combined chlorine (chloramines, etc.) 
TRO Total residual chlorine in marine waters where halogen compounds are
present 
FAC Free available chlorine (aqueous molecular chlorine, hypochlorous acid,
and hypochlorite ion) 
Coliform 
Coliform, Fecal Total fecal coliform bacteria 
Coliform, Total Total coliform bacteria 
Cont. Continuous recording of the parameter being monitored, i.e.
flow, temperature, pH, etc. 
3 Cu. M/day or M /day Cubic meters per day 
DO Dissolved oxygen 
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kg/day Kilograms per day 
lbs/day Pounds per day 
mg/L Milligram(s) per liter 
mL/L Milliliters per liter 
MGD Million gallons per day 
Nitrogen 
Total N Total nitrogen 
NH -N 3 Ammonia nitrogen as nitrogen 
NO3-N Nitrate as nitrogen 
NO2-N Nitrite as nitrogen 
NO3-NO2 Combined nitrate and nitrite nitrogen as nitrogen 
TKN Total Kjeldahl nitrogen as nitrogen 
Oil & Grease Freon extractable material 
PCB Polychlorinated biphenyl 
Surfactant Surface-active agent 
Temp. °C Temperature in degrees Centigrade 
Temp. °F Temperature in degrees Fahrenheit 
TOC Total organic carbon 
Total P Total phosphorus 
TSS or NFR Total suspended solids or total nonfilterable residue 
Turb. or Turbidity Turbidity measured by the Nephelometric Method (NTU) 
μg/L Microgram(s) per liter 
WET “Whole effluent toxicity” 
ZID Zone of Initial Dilution 
NPDES PART II STANDARD CONDITIONS
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