SIC 3544-Special dies and tools, die sets, SIC 3546-Power driven hand tools. equipment. SIC 3549-Metal working machinery, not elsewhere classified. SIC 3551-Food products machinery. SIC 3553-Woodworking machinery. SIC 3559-Special industry machinery, not elsewhere classified. SIC 3561-Pumps and pumping equipment. SIC 3562-Ball and roller bearings. SIC 3563-Air and gas compressors. SIC 3564-Blowers and exhaust and ventilation fans. SIC 3565-Industrial patterns. SIC 3566-Speed changes, industrial high speed drives, and gears. SIC 3567-Industrial process furnaces and ovens. SIC 3568-Mechanical power transmission equipment, not elsewhere classified. SIC 3569-General industrial machinery and equipment, not elsewhere classified. SIC 3572-Typewriters. SIC 3573-Electronic computing equipment. SIC 3574-Calculating and accounting machines, except electronic computing equipment. SIC 3576-Scales and balances, except laboratory. SIC 3579-Office machines, not elsewhere classified. SIC 3581-Automatic merchandising ma SIC 3582-Commercial laundry, dry cleaning and pressing machines. SIC 3585-Air conditioning and warm air heating equipment and commercial and industrial refrigeration equipment. SIC 3586-Measuring and dispensing pumps. SIC 3589-Service industry machines, not elsewhere classified. 3592-Carburetors, SIC pistons, piston chines. SIC 34332-Plumbing fixture fittings and trim (brass goods). SIC 3433-Heating equipment, except elec- SIC 3441-Fabricated structural metal. SIC 3443-Frabricated platework (boiler shops). SIC 3444-Sheet metal work. SIC 3446-Architectural and ornamental metal work. SIC 3448-Prefabricated metal buildings SIC 3449-Miscellaneous metal work. SIC 3452-Bolts, nuts, screws, riverts, and SIC 3462-Iron and steel forgings. SIC 3469-Metal stampings, not elsewhere SIC 3482-Small arms ammunition. SIC 3483-Ammunition, except for small arms, not elsewhere classified. SIC 3484-Small arms. SIC 3489-Ordinance and accessories, not elsewhere classified. SIC 3493-Steel springs, except wire. SIC 3494-Valves and pipe fittings, except plumbers' brass goods. SIC 3495-Wire springs. SIC 3486-Miscellaneous fabricated wire products. SIC 3497-Metal foil and leaf. SIC 3498-Fabricated pipe and fabricated pipe fittings. SIC 3499-Fabricated metal products, not elsewhere classified. SIC 3511-Steam, gas, and hydraulic tur- SIC 3523-Farm machinery and equipment. garden equipment. equipment. SIC 3532-Mining machinery and equipment, except oil field machinery and equipment. SIC 3533-Oil field machinery and equip- SIC 3534-Elevators and moving stairways. SIC 3536-Hoists, industrial cranes, and SIC 3537-Industrial trucks, tractors, trailers, and stackers. SIC 3541-Machine tools, metal cutting types. SIC 3542-Machine tools, metal forming types. ment. rings, and valves. SIC 3599-Machinery, except electrical, not elsewhere classified. SIC 3612-Power distribution, and specialty transformers. SIC 3613-Switchgear and switchboard ap paratus. SIC 3621-Motors and generators. SIC 3623-Welding apparatus, electric. SIC 3631-Household cooking equipment. SIC 3743-Railroad equipment. cles. SIC 3764-Guided missile and space vehicle propulsion units and propulsion unit parts. SIC 3769-Guided missile and space vehicle parts and auxiliary equipment, not elsewhere classified. SIC 3792-Travel trailers and campers. SIC 3811-Engineering, laboratory, scientific, and research instruments and associated equipment. SIC 3822-Automatic controls for regulating residential and commercial environments and appliances. SIC 3823-Industrial instruments for measurement, display, and control of process variables; and related products. SIC 3824-Totalizing fluid meters and counting devices. SIC 3825-Instruments for measuring and testing of electricity and electrical signals. SIC 3829-Measuring and controlling devices, not elsewhere classified. SIC 3832-Optical instruments and lenses. SIC 3841-Surgical and medical instruments and apparatus. SIC 3842-Orthopedic, prosthetic, and surgical appliances and supplies. SIC 3843-Dental equipment and supplies. SIC 3911-Jewelry, precious metal. stainless steel ware. SIC 3915-Jeweler's findings and materials, and lapidary work. SIC 3931-Musical instruments. SIC 3944-Games, toys, and children's vehicles; except dolls and bicycles. SIC 3949-Sporting and athletic goods, not elsewhere classified. SIC 3951-Pens, mechanical pencils, and parts (balance). SIC 3961-Costume jewelry and costume SIC 3993-Signs and advertising displays. 19. ELECTROPLATING SIC 347-Coating, engraving, and allied services. plated ware, and SIC 1011-Iron Ores. SIC 1021-Copper ores. 20. ORE MINING AND DRESSING Sec. 125.34 Public hearings. 125.35 Issuance and effective date of permit. 125.36 Adjudicatory hearings. Subpart E-Miscellaneous 125.41 Objections to permit by another State. 125.42 Other legal action. 125.43 Environmental impact statements. 125.44 Computation of time. Subpart F-Special Programs 125.51 Concentrated animal feeding oper ations. 125.52 Separate storm sewers. 125.53 Agricultural activities. 125.54 Silvicultural activities. AUTHORITY: Secs. 402 and 405 of the Federal Water Pollution Control Act Amendments of 1972 (86 Stat. 816 et seq.; Pub. L. 92-500, 33 U.S.C. 1251 nt), unless otherwise noted. SOURCE: 38 FR 13528, May 22, 1973, unless otherwise noted. Subpart A-General § 125.1 Definitions. Except as otherwise specifically provided: (a) The term "Act" means the Federal Water Pollution Control Act, as amended, Public Law 92-500, 33 U.S.C. 1251 nt. (b) The term "Administrator" means the Administrator of the U.S. Environmental Protection Agency. (c) The term "applicable effluent standards and limitations" means all State and Federal effluent standards and limitations to which a discharge is subject under the Act, including, but not limited to, effluent limitations, standards of performance, toxic effluent standards and prohibitions, and pretreatment standards. (d) The term "applicable water quality standards" means all water quality standards to which a discharge is subject under the Act and which have been (1) approved or permitted to remain in effect by the Administrator pursuant to section 303(a) or section 303(c) of the Act, or (2) promulgated by the Administrator pursuant to sec tion 303(b) or section 303(c) of the pursuant to section 307(a) of the Act, Act. as a discharge which is not a minor (e) The term "applicant" means an discharge. If there is more than one applicant for an NPDES permit. discharge from a facility and the sum (f) The term 'Icontiguous zone” of the volumes of all discharges from means the entire zone established or the facility exceeds 50,000 gallons on to be established by the United States any day of the year, then no discharge under article 24 of the Convention of from the facility is a minor discharge the Territorial Sea and the Contigu. as defined herein. ous Zone. (n) The term “municipality" means (g) The term "Director" means the a city, town, borough, county, parish, Director of a State or interstate water district, association, or other public pollution control agency. body created by or pursuant to State (h) The term “discharge” when used law and having jurisdiction over diswithout qualification includes a dis posal of sewage, industrial wastes, or charge of a pollutant and a discharge other wastes, or an Indian tribe or an of pollutants. authorized Indian tribal organization, (i) The term “discharge of pollut or a designated and approved manageant” and the term “discharge of pol ment agency under section 208 of the Act. lutants" each means (1) any addition of any pollutant to navigable waters (0) The term "National Pollutant other than the territorial sea, from Discharge Elimination System” (hereany point source, (2) any addition of inafter referred to as “NPDES") for any pollutant to the waters of the ter the purpose of these regulations ritorial sea, the contiguous zone or the means the system for issuing, condiocean from any point source other tioning, and denying permits for the than a vessel or other floating craft. discharge of pollutants from point (j) The term “effluent limitations” sources into the navigable waters, the contiguous zone, and the oceans, by means any restriction established by a State or the Administrator on quanti the Administrator of the Environmenties, rates, and concentrations of tal Protection Agency pursuant to secchemical, physical, biological, and tions 402 and 405 of the Act. other constituents which are dis (p) The term "navigable waters" incharged from point sources into navi cludes: gable waters, the waters of the contig (1) All navigable waters of the uous zone or the ocean, including United States; schedules of compliance. (2) Tributaries of navigable waters (k) The term "Environmental Pro of the United States; tection Agency” means the U.S. Envi. (3) Interstate waters; ronmental Protection Agency. (4) Intrastate lakes, rivers, and (i) The term "interstate agency" streams which are utilized by intermeans an agency of two or more state travelers for recreational States established by or pursuant to other purposes; an agreement or compact approved by (5) Intrastate lakes, rivers, and the Congress, or any other agency of streams from which fish or shellfish two or more States, having substantial are taken and sold in interstate compowers or duties pertaining to the con- merce; and trol of pollution as determined and ap- (6) Intrastate lakes, rivers, and proved by the Administrator. streams which are utilized for indus(m) The term “minor discharge" trial purposes by industries in intermeans any discharge which (1) has a state commerce. total volume of less than 50,000 gal- (q) The term “new source" means lons on every day of the year, (2) does any building, structure, facility or innot affect the waters of more than one stallation from which there is or may State and (3) is not identified by the be a discharge of pollutants, the conState water pollution control agency, struction of which is commenced after the Regional Administrator, or by the the publication of proposed regulaAdministrator in regulations issued tions prescribing a standard of per or formance under section 306 of the Act, which will be applicable to such source, if such standard is thereafter promulgated in accordance with section 306. (r) The term “NPDES application short form" or "short form" means one or more, as appropriate, of the following: (1) Short form A-Municipal Wastewater Dischargers. (2) Short form B-Agriculture. (3) Short form C-Manufacturing Establishments and Mining. (4) Short form D-Services, Wholesale, and Retail Trade, and All Other Commercial Establishments, Including Vessels, Not Engaged in Manufacturing or Agriculture. (s) The term “NPDES application standard form" or "standard form” means one or more, as appropriate, of the following: (1) Standard form A-Municipal. (2) Standard form C-Manufacturing and Commercial. (t) The term "NPDES application form" includes NPDES application short forms and NPDES application standard forms. (u) The term “ocean” means any portion of the high seas beyond the contiguous zone. (v) The term “permit” means any permit or equivalent document or requirement issued to regulate the discharge of pollutants. (w) The term “person” means an individual, corporation, partnership, association, State, municipality, commission, or political subdivision of a State, or any interstate body. (x) The term “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, or vessel or other floating craft, from which pollutants are or may be discharged. (y) The term “pollutant” means dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equip. ment, rock, sand, cellar dirt, and in dustrial, municipal, and agricultural waste discharged into water. It does not mean (1) “sewage from vessels" or (2) 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. COMMENT.-The legislative history of the Act reflects that the term "radioactive materials" as included within the definition of "pollutant” in section 502 of the Act covers only radioactive materials which are not encompassed in the definitions of source, byproduct, or special nuclear materials as defined by the Atomic Energy Act of 1954, as amended, and regulated pursuant to the latter Act. Examples of radioactive materials not covered by the Atomic Energy Act and, therefore, included within the term “pollutant” are radium and accelerator produced isotopes. (H.R. Rep. 92-911, 92d Cong. 2d Sess., 131, March 11, 1972; 117 Cong. Rec. 17401, daily ed., November 2, 1971; 118 Cong. Rec. 9115, daily ed., October 4, 1972.) (z) The term “pollution" means the man-made or man-induced alteration of the chemical, physical, biological, and radiological integrity of water. (aa) The term “Regional Administrator” means one of the Regional Administrators of the United States Environmental Protection Agency. (bb) The term "schedule of compliance” 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. (cc) The term "sewage from vessels" means human body wastes and the wastes from toilets and other receptacles intended to receive or retain body wastes, that are discharged from vessels. (dd) The term “sewage sludge" means the solids and precipitates separated from municipal sewage and industrial wastes of a liquid nature by |