49-231. Definitions

In this article, unless the context otherwise requires:

1. " Impaired water" means a navigable water for which credible scientific data exists that satisfies the requirements of section 49-232 and that demonstrates that the water should be identified pursuant to 33 United States Code section 1313(d) and the regulations implementing that statute.

2. " Surface water quality standard" means a standard adopted for a navigable water pursuant to sections 49-221 and 49-222 and section 303(c) of the clean water act (33 United States Code section 1313(c)).

3. " TMDL implementation plan" means a written strategy to implement a total maximum daily load that is developed for an impaired water. TMDL implementation plans may rely on any combination of the following components that the department determines will result in achieving and maintaining compliance with applicable surface water quality standards in the most cost-effective and equitable manner:

(a) Permit limitations.

(b) Best management practices.

(c) Education and outreach efforts.

(d) Technical assistance.

(e) Cooperative agreements, voluntary measures and incentive-based programs.

(f) Load reductions resulting from other legally required programs or activities.

(g) Land management programs.

(h) Pollution prevention planning, waste minimization or pollutant trading agreements.

(i) Other measures deemed appropriate by the department.

4. " Total maximum daily load" means an estimation of the total amount of a pollutant from all sources that may be added to a water while still allowing the water to achieve and maintain applicable surface water quality standards. Each total maximum daily load shall include allocations for sources that contribute the pollutant to the water, as required by section 303(d) of the clean water act (33 United States Code section 1313(d)) and regulations implementing that statute to achieve applicable surface water quality standards.