§ 143-213. Definitions.
§ 143‑213. Definitions.
Unless the context otherwise requires, the following terms as used inthis Article and Articles 21A and 21B of this Chapter are defined as follows:
(1) The term "air cleaning device" means any method,process or equipment which removes, reduces, or renders less noxious aircontaminants discharged into the atmosphere.
(2) The term "air contaminant" means particulatematter, dust, fumes, gas, mist, smoke, or vapor or any combination thereof.
(3) The term "air contamination" means the presence inthe outdoor atmosphere of one or more air contaminants which contribute to acondition of air pollution.
(4) The term "air contamination source" means anysource at, from, or by reason of which there is emitted into the atmosphere anyair contaminant.
(5) The term "air pollution" shall mean the presencein the outdoor atmosphere of one or more air contaminants in such quantitiesand duration as is or tends to be injurious to human health or welfare, toanimal or plant life or to property or that interferes with the enjoyment oflife or property.
(6) to (8) Repealed by Session Laws 1987, c. 827, s. 153.
(9) Whenever reference is made in this Article to the"discharge of waste," it shall be interpreted to include discharge,spillage, leakage, pumping, placement, emptying, or dumping into waters of theState, or into any unified sewer system or arrangement for sewage disposal,which system or arrangement in turn discharges the waste into the waters of theState.
(10) The term "disposal system" means a system fordisposing of waste, and including sewer systems and treatment works.
(11) Repealed by Session Laws 1987, c. 827, s. 153.
(12) The term "emission" means a release into theoutdoor atmosphere of air contaminants.
(13) The term "outlet" means the terminus of a sewersystem, or the point of emergence of any waste or the effluent therefrom, intothe waters of the State.
(14) Repealed by Session Laws 1987, c. 827, s. 153.
(15) The term "sewer system" means pipelines orconduits, pumping stations, and force mains, and all other construction,devices, and appliances appurtenant thereto, used for conducting wastes to apoint of ultimate disposal.
(16) The term "standard" or "standards" meanssuch measure or measures of the quality of water and air as are established bythe Commission pursuant to G.S. 143‑214.1 and G.S. 143‑215.
(16a) "Stormwater" means the flow of water which resultsfrom precipitation and which occurs immediately following rainfall or asnowmelt.
(17) The term "treatment works" means any plant, septictank disposal field, lagoon, pumping station, constructed drainage ditch orsurface water intercepting ditch, incinerator, area devoted to sanitarylandfill, or other works not specifically mentioned herein, installed for thepurpose of treating, equalizing, neutralizing, stabilizing or disposing ofwaste.
(18) "Waste" shall mean and include the following:
a. "Sewage," which shall mean water‑carriedhuman waste discharged, transmitted, and collected from residences, buildings,industrial establishments, or other places into a unified sewerage system or anarrangement for sewage disposal or a group of such sewerage arrangements orsystems, together with such ground, surface, storm, or other water as may bepresent.
b. "Industrial waste" shall mean any liquid, solid,gaseous, or other waste substance or a combination thereof resulting from anyprocess of industry, manufacture, trade or business, or from the development ofany natural resource.
c. "Other waste" means sawdust, shavings, lime, refuse,offal, oil, tar chemicals, dissolved and suspended solids, sediment, and allother substances, except industrial waste, sewage, and toxic chemicals whichmay be discharged into or placed in such proximity to the water that drainagetherefrom may reach the water.
d. "Toxic waste" means that waste, or combinations ofwastes, including disease‑causing agents, which after discharge and uponexposure, ingestion, inhalation, or assimilation into any organism, eitherdirectly from the environment or indirectly by ingestion through food chains,will cause death, disease, behavioral abnormalities, cancer, genetic mutations,physiological malfunctions (including malfunctions in reproduction) or physicaldeformities, in such organisms or their offspring.
(19) The term "water pollution" means the man‑madeor man‑induced alteration of the chemical, physical, biological, orradiological integrity of the waters of the State, including, but specificallynot limited to, alterations resulting from the concentration or increase ofnatural pollutants caused by man‑related activities.
(20) Repealed by Session Laws 1987, c. 827, s. 153.
(21) The term "watershed" means a natural area ofdrainage, including all tributaries contributing to the supply of at least onemajor waterway within the State, the specific limits of each separate watershedto be designated by the Commission.
(22) The term "complex sources" means any facility whichis or may be an air pollution source or which will induce or tend to inducedevelopment or activities which will or may be air pollution sources, and whichshall include, but not be limited to, shopping centers; sports complexes; drive‑intheaters; parking lots and garages; residential, commercial, industrial orinstitutional developments; amusement parks and recreation areas; highways; andany other facilities which will result in increased emissions from motorvehicles or stationary sources.
(23) The term "effluent standards or limitations" meansany restrictions established pursuant to this Article on quantities, rates,characteristics and concentrations of chemical, physical, biological and otherconstituents of wastes which are discharged from any pretreatment facility orfrom any outlet or point source to the waters of the State.
(24) The term "point source" means any discernible,confined, and discrete conveyance, including, but specifically not limited to,any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container,rolling stock, or concentrated animal‑feeding operation from which wastesare or may be discharged to the waters of the State.
(25) The term "pretreatment facility" means anytreatment works installed for the purpose of treating, equalizing, neutralizingor stabilizing waste from any source prior to discharge to any disposal systemsubject to effluent standards or limitations.
(26) The term "pretreatment standards" means effluentstandards or limitations applicable to waste discharged from a pretreatmentfacility.
(27) The term "Clean Air Act" refers to the federalClean Air Act, as amended, codified generally at 42 U.S.C. § 7401 et seq.
(28) The term "nonattainment area" refers to an areawhich is shown to exceed any national ambient air quality standard for suchpollutant.
(29) The term "prevention of significant deterioration"refers to the statutory and regulatory requirements arising from the Clean AirAct designed to prevent the significant deterioration of air quality in areaswith air quality better than required by the national ambient air qualitystandards.
(29a) Reserved.
(29b) "Title II" means Title II of the 1990 amendments tothe federal Clean Air Act and the National Emission Standards Act (Pub. L. 101‑549,104 Stat. 2471, 42 U.S.C. § 7521 et seq.).
(29c) "Title III" means Title III of the 1990 amendmentsto the federal Clean Air Act (Pub. L. 101‑549, 104 Stat. 2531, 42 U.S.C.§ 7412 et seq.).
(29d) "Title IV" means Title IV of the 1990 amendments tothe federal Clean Air Act (Pub. L. 101‑549, 104 Stat. 2584, 42 U.S.C. §7651 et seq.).
(29e) "Title V" means Title V of the 1990 amendments tothe federal Clean Air Act (Pub. L. 101‑549, 104 Stat. 2635, 42 U.S.C. §7661 et seq.).
(29f) through (29o) Reserved.
(29p) "Title V Account" means the Account established inG.S. 143‑215.3A(b).
(30) The term "waste treatment management practice"means any method, measure or practice to control plant site runoff, spillage orleaks, sludge or waste disposal and drainage from raw material storage whichare associated with, or ancillary to the industrial manufacturing or treatmentprocess of the class or category of point sources to which the managementpractice is applied. Waste treatment management practices may only be imposed,supplemental to effluent limitations, for a class or category of point sources,for any specific pollutant which has been designated as toxic or hazardouspursuant to sections 307(a)(1) or 311 of the Federal Water Pollution ControlAct. (1951, c. 606; 1957, c.1275, s. 1; 1959, c. 779, s. 8; 1967, c. 892, s. 1; 1971, c. 1167, s. 4; 1973,c. 821, ss. 1‑3; c. 1262, s. 23; 1977, c. 771, s. 4; 1979, c. 545, ss. 8‑10;c. 633, s. 1; 1987, c. 827, ss. 153, 154; 1989, c. 135, s. 2, c. 447, s. 1, c.742, s. 7; 1991, c. 287, s. 1, c. 403, s. 1, c. 552, s. 1; 1991 (Reg. Sess.,1992), c. 889, ss. 1, 2, c. 1028, s. 2, c. 1039, s. 13; 1993, c. 400, ss. 1(a)‑(c).)