{"identifier":"/us/usc/t33/s1362","title":33,"num":"\u00a7\u202f1362.","heading":"Definitions","text":"\u00a7\u202f1362.\nDefinitions\nExcept as otherwise specifically provided, when used in this chapter:\n(1) The term \u201cState water pollution control agency\u201d means the State agency designated by the Governor having responsibility for enforcing State laws relating to the abatement of pollution.\n(2) The term \u201cinterstate agency\u201d means an agency of two or more States established by or pursuant to an agreement or compact approved by the Congress, or any other agency of two or more States, having substantial powers or duties pertaining to the control of pollution as determined and approved by the Administrator.\n(3) The term \u201cState\u201d means a State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and the Trust Territory of the Pacific Islands.\n(4) The term \u201cmunicipality\u201d means a city, town, borough, county, parish, district, association, or other public body created by or pursuant to 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\nsection 1288 of this title\n(5) The term \u201cperson\u201d means an individual, corporation, partnership, association, State, municipality, commission, or political subdivision of a State, or any interstate body.\n(6) The term \u201cpollutant\u201d means dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste discharged into water. This term does not mean (A) \u201csewage from vessels or a discharge incidental to the normal operation of a vessel of the Armed Forces\u201d within the meaning of\nsection 1322 of this title\n(7) The term \u201cnavigable waters\u201d means the waters of the United States, including the territorial seas.\n(8) The term \u201cterritorial seas\u201d means the belt of the seas measured from the line of ordinary low water along that portion of the coast which is in direct contact with the open sea and the line marking the seaward limit of inland waters, and extending seaward a distance of three miles.\n(9) The term \u201ccontiguous zone\u201d means the entire zone established or to be established by the United States under article 24 of the Convention of the Territorial Sea and the Contiguous Zone.\n(10) The term \u201cocean\u201d means any portion of the high seas beyond the contiguous zone.\n(11) The term \u201ceffluent limitation\u201d means any restriction established by a State or the Administrator on quantities, rates, and concentrations of chemical, physical, biological, and other constituents which are discharged from point sources into navigable waters, the waters of the contiguous zone, or the ocean, including schedules of compliance.\n(12) The term \u201cdischarge of a pollutant\u201d and the term \u201cdischarge of pollutants\u201d each means (A) any addition of any pollutant to navigable waters from any point source, (B) any addition of any pollutant to the waters of the contiguous zone or the ocean from any point source other than a vessel or other floating craft.\n(13) The term \u201ctoxic pollutant\u201d means those pollutants, or combinations of pollutants, including disease-causing agents, which after discharge and upon exposure, ingestion, inhalation or assimilation into any organism, either directly from the environment or indirectly by ingestion through food chains, will, on the basis of information available to the Administrator, cause death, disease, behavioral abnormalities, cancer, genetic mutations, physiological malfunctions (including malfunctions in reproduction) or physical deformations, in such organisms or their offspring.\n(14) The term \u201cpoint source\u201d 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. This term does not include agricultural stormwater discharges and return flows from irrigated agriculture.\n(15) The term \u201cbiological monitoring\u201d shall mean the determination of the effects on aquatic life, including accumulation of pollutants in tissue, in receiving waters due to the discharge of pollutants (A) by techniques and procedures, including sampling of organisms representative of appropriate levels of the food chain appropriate to the volume and the physical, chemical, and biological characteristics of the effluent, and (B) at appropriate frequencies and locations.\n(16) The term \u201cdischarge\u201d when used without qualification includes a discharge of a pollutant, and a discharge of pollutants.\n(17) The term \u201cschedule of compliance\u201d means a schedule of remedial measures including an enforceable sequence of actions or operations leading to compliance with an effluent limitation, other limitation, prohibition, or standard.\n(18) The term \u201cindustrial user\u201d means those industries identified in the Standard Industrial Classification Manual, Bureau of the Budget, 1967, as amended and supplemented, under the category of \u201cDivision D\u2014Manufacturing\u201d and such other classes of significant waste producers as, by regulation, the Administrator deems appropriate.\n(19) The term \u201cpollution\u201d means the man-made or man-induced alteration of the chemical, physical, biological, and radiological integrity of water.\n(20) The term \u201cmedical waste\u201d means isolation wastes; infectious agents; human blood and blood products; pathological wastes; sharps; body parts; contaminated bedding; surgical wastes and potentially contaminated laboratory wastes; dialysis wastes; and such additional medical items as the Administrator shall prescribe by regulation.\n(21)\nCoastal recreation waters.\u2014\n(A)\nIn general.\u2014\nThe term \u201ccoastal recreation waters\u201d means\u2014\n(i) the Great Lakes; and\n(ii) marine coastal waters (including coastal estuaries) that are designated under\nsection 1313(c) of this title\n(B)\nExclusions.\u2014\nThe term \u201ccoastal recreation waters\u201d does not include\u2014\n(i) inland waters; or\n(ii) waters upstream of the mouth of a river or stream having an unimpaired natural connection with the open sea.\n(22)\nFloatable material.\u2014\n(A)\nIn general.\u2014\nThe term \u201cfloatable material\u201d means any foreign matter that may float or remain suspended in the water column.\n(B)\nInclusions.\u2014\nThe term \u201cfloatable material\u201d includes\u2014\n(i) plastic;\n(ii) aluminum cans;\n(iii) wood products;\n(iv) bottles; and\n(v) paper products.\n(23)\nPathogen indicator.\u2014\nThe term \u201cpathogen indicator\u201d means a substance that indicates the potential for human infectious disease.\n(24)\nOil and gas exploration and production.\u2014\nThe term \u201coil and gas exploration, production, processing, or treatment operations or transmission facilities\u201d means all field activities or operations associated with exploration, production, processing, or treatment operations, or transmission facilities, including activities necessary to prepare a site for drilling and for the movement and placement of drilling equipment, whether or not such field activities or operations may be considered to be construction activities.\n(25)\nRecreational vessel.\u2014\n(A)\nIn general.\u2014\nThe term \u201crecreational vessel\u201d means any vessel that is\u2014\n(i) manufactured or used primarily for pleasure; or\n(ii) leased, rented, or chartered to a person for the pleasure of that person.\n(B)\nExclusion.\u2014\nThe term \u201crecreational vessel\u201d does not include a vessel that is subject to Coast Guard inspection and that\u2014\n(i) is engaged in commercial use; or\n(ii) carries paying passengers.\n(26)\nTreatment works.\u2014\nThe term \u201ctreatment works\u201d has the meaning given the term in\nsection 1292 of this title\n(27)\nGreen infrastructure.\u2014\nThe term \u201cgreen infrastructure\u201d means the range of measures that use plant or soil systems, permeable pavement or other permeable surfaces or substrates, stormwater harvest and reuse, or landscaping to store, infiltrate, or evapotranspirate stormwater and reduce flows to sewer systems or to surface waters.","url":"https://projectusc.org/usc/t33/s1362.html","content":[{"t":"sec","id":"/us/usc/t33/s1362","children":[{"t":"num","text":"\u00a7\u202f1362."},{"t":"heading","text":"Definitions","tail":"\n"},{"t":"chapeau","text":"Except as otherwise specifically provided, when used in this chapter:"},{"t":"para","id":"/us/usc/t33/s1362/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" The term \u201cState water pollution control agency\u201d means the State agency designated by the Governor having responsibility for enforcing State laws relating to the abatement of pollution.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t33/s1362/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" The term \u201cinterstate agency\u201d means an agency of two or more States established by or pursuant to an agreement or compact approved by the Congress, or any other agency of two or more States, having substantial powers or duties pertaining to the control of pollution as determined and approved by the Administrator.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t33/s1362/3","children":[{"t":"num","text":"(3)"},{"t":"content","text":" The term \u201cState\u201d means a State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and the Trust Territory of the Pacific Islands.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t33/s1362/4","children":[{"t":"num","text":"(4)"},{"t":"content","text":" The term \u201cmunicipality\u201d means a city, town, borough, county, parish, district, association, or other public body created by or pursuant to 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 ","children":[{"t":"ref","text":"section 1288 of this title","href":"/us/usc/t33/s1288","tail":"."}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t33/s1362/5","children":[{"t":"num","text":"(5)"},{"t":"content","text":" The term \u201cperson\u201d means an individual, corporation, partnership, association, State, municipality, commission, or political subdivision of a State, or any interstate body.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t33/s1362/6","children":[{"t":"num","text":"(6)"},{"t":"content","text":" The term \u201cpollutant\u201d means dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste discharged into water. This term does not mean (A) \u201csewage from vessels or a discharge incidental to the normal operation of a vessel of the Armed Forces\u201d within the meaning of ","children":[{"t":"ref","text":"section 1322 of this title","href":"/us/usc/t33/s1322","tail":"; 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 or gas production and disposed of in a well, if the well used either to facilitate production or for disposal purposes is approved by authority of the State in which the well is located, and if such State determines that such injection or disposal will not result in the degradation of ground or surface water resources."}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t33/s1362/7","children":[{"t":"num","text":"(7)"},{"t":"content","text":" The term \u201cnavigable waters\u201d means the waters of the United States, including the territorial seas.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t33/s1362/8","children":[{"t":"num","text":"(8)"},{"t":"content","text":" The term \u201cterritorial seas\u201d means the belt of the seas measured from the line of ordinary low water along that portion of the coast which is in direct contact with the open sea and the line marking the seaward limit of inland waters, and extending seaward a distance of three miles.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t33/s1362/9","children":[{"t":"num","text":"(9)"},{"t":"content","text":" The term \u201ccontiguous zone\u201d means the entire zone established or to be established by the United States under article 24 of the Convention of the Territorial Sea and the Contiguous Zone.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t33/s1362/10","children":[{"t":"num","text":"(10)"},{"t":"content","text":" The term \u201cocean\u201d means any portion of the high seas beyond the contiguous zone.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t33/s1362/11","children":[{"t":"num","text":"(11)"},{"t":"content","text":" The term \u201ceffluent limitation\u201d means any restriction established by a State or the Administrator on quantities, rates, and concentrations of chemical, physical, biological, and other constituents which are discharged from point sources into navigable waters, the waters of the contiguous zone, or the ocean, including schedules of compliance.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t33/s1362/12","children":[{"t":"num","text":"(12)"},{"t":"content","text":" The term \u201cdischarge of a pollutant\u201d and the term \u201cdischarge of pollutants\u201d each means (A) any addition of any pollutant to navigable waters from any point source, (B) any addition of any pollutant to the waters of the contiguous zone or the ocean from any point source other than a vessel or other floating craft.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t33/s1362/13","children":[{"t":"num","text":"(13)"},{"t":"content","text":" The term \u201ctoxic pollutant\u201d means those pollutants, or combinations of pollutants, including disease-causing agents, which after discharge and upon exposure, ingestion, inhalation or assimilation into any organism, either directly from the environment or indirectly by ingestion through food chains, will, on the basis of information available to the Administrator, cause death, disease, behavioral abnormalities, cancer, genetic mutations, physiological malfunctions (including malfunctions in reproduction) or physical deformations, in such organisms or their offspring.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t33/s1362/14","children":[{"t":"num","text":"(14)"},{"t":"content","text":" The term \u201cpoint source\u201d 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. This term does not include agricultural stormwater discharges and return flows from irrigated agriculture.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t33/s1362/15","children":[{"t":"num","text":"(15)"},{"t":"content","text":" The term \u201cbiological monitoring\u201d shall mean the determination of the effects on aquatic life, including accumulation of pollutants in tissue, in receiving waters due to the discharge of pollutants (A) by techniques and procedures, including sampling of organisms representative of appropriate levels of the food chain appropriate to the volume and the physical, chemical, and biological characteristics of the effluent, and (B) at appropriate frequencies and locations.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t33/s1362/16","children":[{"t":"num","text":"(16)"},{"t":"content","text":" The term \u201cdischarge\u201d when used without qualification includes a discharge of a pollutant, and a discharge of pollutants.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t33/s1362/17","children":[{"t":"num","text":"(17)"},{"t":"content","text":" The term \u201cschedule of compliance\u201d means a schedule of remedial measures including an enforceable sequence of actions or operations leading to compliance with an effluent limitation, other limitation, prohibition, or standard.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t33/s1362/18","children":[{"t":"num","text":"(18)"},{"t":"content","text":" The term \u201cindustrial user\u201d means those industries identified in the Standard Industrial Classification Manual, Bureau of the Budget, 1967, as amended and supplemented, under the category of \u201cDivision D\u2014Manufacturing\u201d and such other classes of significant waste producers as, by regulation, the Administrator deems appropriate.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t33/s1362/19","children":[{"t":"num","text":"(19)"},{"t":"content","text":" The term \u201cpollution\u201d means the man-made or man-induced alteration of the chemical, physical, biological, and radiological integrity of water.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t33/s1362/20","children":[{"t":"num","text":"(20)"},{"t":"content","text":" The term \u201cmedical waste\u201d means isolation wastes; infectious agents; human blood and blood products; pathological wastes; sharps; body parts; contaminated bedding; surgical wastes and potentially contaminated laboratory wastes; dialysis wastes; and such additional medical items as the Administrator shall prescribe by regulation.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t33/s1362/21","children":[{"t":"num","text":"(21)"},{"t":"heading","text":"Coastal recreation waters.\u2014"},{"t":"subpara","id":"/us/usc/t33/s1362/21/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"In general.\u2014"},{"t":"chapeau","text":"The term \u201ccoastal recreation waters\u201d means\u2014"},{"t":"clause","id":"/us/usc/t33/s1362/21/A/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" the Great Lakes; and","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t33/s1362/21/A/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" marine coastal waters (including coastal estuaries) that are designated under ","children":[{"t":"ref","text":"section 1313(c) of this title","href":"/us/usc/t33/s1313/c","tail":" by a State for use for swimming, bathing, surfing, or similar water contact activities."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t33/s1362/21/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Exclusions.\u2014"},{"t":"chapeau","text":"The term \u201ccoastal recreation waters\u201d does not include\u2014"},{"t":"clause","id":"/us/usc/t33/s1362/21/B/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" inland waters; or","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t33/s1362/21/B/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" waters upstream of the mouth of a river or stream having an unimpaired natural connection with the open sea.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t33/s1362/22","children":[{"t":"num","text":"(22)"},{"t":"heading","text":"Floatable material.\u2014"},{"t":"subpara","id":"/us/usc/t33/s1362/22/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"In general.\u2014"},{"t":"content","text":"The term \u201cfloatable material\u201d means any foreign matter that may float or remain suspended in the water column.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t33/s1362/22/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Inclusions.\u2014"},{"t":"chapeau","text":"The term \u201cfloatable material\u201d includes\u2014"},{"t":"clause","id":"/us/usc/t33/s1362/22/B/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" plastic;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t33/s1362/22/B/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" aluminum cans;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t33/s1362/22/B/iii","children":[{"t":"num","text":"(iii)"},{"t":"content","text":" wood products;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t33/s1362/22/B/iv","children":[{"t":"num","text":"(iv)"},{"t":"content","text":" bottles; and","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t33/s1362/22/B/v","children":[{"t":"num","text":"(v)"},{"t":"content","text":" paper products.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t33/s1362/23","children":[{"t":"num","text":"(23)"},{"t":"heading","text":"Pathogen indicator.\u2014"},{"t":"content","text":"The term \u201cpathogen indicator\u201d means a substance that indicates the potential for human infectious disease.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t33/s1362/24","children":[{"t":"num","text":"(24)"},{"t":"heading","text":"Oil and gas exploration and production.\u2014"},{"t":"content","text":"The term \u201coil and gas exploration, production, processing, or treatment operations or transmission facilities\u201d means all field activities or operations associated with exploration, production, processing, or treatment operations, or transmission facilities, including activities necessary to prepare a site for drilling and for the movement and placement of drilling equipment, whether or not such field activities or operations may be considered to be construction activities.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t33/s1362/25","children":[{"t":"num","text":"(25)"},{"t":"heading","text":"Recreational vessel.\u2014"},{"t":"subpara","id":"/us/usc/t33/s1362/25/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"In general.\u2014"},{"t":"chapeau","text":"The term \u201crecreational vessel\u201d means any vessel that is\u2014"},{"t":"clause","id":"/us/usc/t33/s1362/25/A/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" manufactured or used primarily for pleasure; or","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t33/s1362/25/A/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" leased, rented, or chartered to a person for the pleasure of that person.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t33/s1362/25/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Exclusion.\u2014"},{"t":"chapeau","text":"The term \u201crecreational vessel\u201d does not include a vessel that is subject to Coast Guard inspection and that\u2014"},{"t":"clause","id":"/us/usc/t33/s1362/25/B/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" is engaged in commercial use; or","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t33/s1362/25/B/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" carries paying passengers.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t33/s1362/26","children":[{"t":"num","text":"(26)"},{"t":"heading","text":"Treatment works.\u2014"},{"t":"content","text":"The term \u201ctreatment works\u201d has the meaning given the term in ","children":[{"t":"ref","text":"section 1292 of this title","href":"/us/usc/t33/s1292","tail":"."}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t33/s1362/27","children":[{"t":"num","text":"(27)"},{"t":"heading","text":"Green infrastructure.\u2014"},{"t":"content","text":"The term \u201cgreen infrastructure\u201d means the range of measures that use plant or soil systems, permeable pavement or other permeable surfaces or substrates, stormwater harvest and reuse, or landscaping to store, infiltrate, or evapotranspirate stormwater and reduce flows to sewer systems or to surface waters.","tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}