| PART 503 DEFINITIONS
THERE IS NO DEFINITION FOR BIOSOLIDS
503.9(t) Pollutant is an organic substance, an inorganic substance, a combination of organic and
inorganic substances, or a pathogenic organism that, after discharge and upon exposure, ingestion,
inhalation, or assimilation into an organism either directly from the environment or indirectly by ingestion
through the food chain, could, on the basis of information available to the Administrator of EPA, cause
death, disease, behavioral abnormalities, cancer, genetic mutations, physiological malfunctions
(including malfunction in reproduction), or physical deformations in either organisms (humans) or
offspring (children) of the organisms.
[NOTE: This definition specifically relates as well to the nine pollutants listed in 503.13
"Domestic sewage is waste and waste water from humans or household operations that is discharged to
or otherwise enters a treatment works." (40 CFR 503.9(g)). Rubin claims, "This is a key definition,
because the standards in the part 503 regulation apply to sewage sludge generated during the treatment
of domestic sewage in a treatment works. When domestic sewage is in the influent to a treatment works,
even if the influent also contains industrial wastewater, sewage sludge is generated during the treatment
of the domestic sewage." (FR. 58, p. 9326 - 40 CFR 257 et al. (503))
503.9(aa) Treatment works is either a federally owned, publicly owned, or privately owned device or
system used to treat (including recycle and reclaim) either domestic sewage or a combination of
domestic sewage and industrial waste of a liquid nature.
However, in a letter dated Feb. 7, 1986, from, The (EPA) Administrator, to the Honorable Thomas P.
O'Neil, Jr., Speaker. U.S. House of Representatives, stated: "The purpose of the Domestic Sewage Study
was to evaluate the impacts of waste discharged to public owned treatment works (POTW's) as a result of
the Domestic Sewage Exclusion. The Domestic Sewage Exclusion, (specified in Section 1004(27) of
RCRA) provides that a hazardous waste, when mixed with domestic sewage is no longer considered
hazardous. Therefore, POTW's receiving hazardous waste in this manner are not subject to the RCRA
treatment, storage and disposal facility requirements. The premise behind the Domestic Sewage Exclusion
is that RCRA management of wastes within a POTW is unnecessary and redundant since this wastes
are regulated under the Clean Water Act's regulatory programs."
RCRA (27) The term ``solid waste'' means any garbage, refuse, sludge from a waste treatment plant,
water supply treatment plant, or air pollution control facility
"Sludge means any solid, semi-solid, or liquid waste generated from a municipal, commercial, or industrial
wastewater treatment plant, water supply treatment plant, or air control facility exclusive of the treated
effluent (clean water) from a wastewater treatment plant." (Public Laws. (1987). "The SOLID WASTE
DISPOSAL ACT, AS AMENDED BY, THE HAZARDOUS AND SOLID WASTE AMENDMENTS OF 1984
(PUBLIC LAW 98- 616); THE SAFE DRINKING WATER ACT AMENDMENTS OF 1986 (PUBLIC LAW 99-
339); AND THE SUPERFUND AMENDMENTS AND REAUTHORIZATION ACT OF 1986 (PUBLIC LAW 99-
499)." 99th Congress, 1st Session. Committee Print for S. Prt. 99-215)
(p) Permitting authority is either EPA or a State with an EPA-approved sludge management
program. [Only six states have applied and received EPA approval]
§ 503.9 General definitions.
(a) Apply sewage sludge or sewage sludge applied to the land means land application of sewage sludge.
(b) Base flood is a flood that has a one percent chance of occurring in any given year (i.e., a flood with a
magnitude equalled once in 100 years).
(c) Class I sludge management facility is any publicly owned treatment works (POTW), as defined in 40
CFR 501.2, required to have an approved pretreatment program under 40 CFR 403.8(a) (including any
POTW located in a State that has elected to assume local program responsibilities pursuant to 40 CFR
403.10(e)) and any treatment works treating domestic sewage, as defined in 40 CFR 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.
(d) Cover crop is a small grain crop, such as oats, wheat, or barley, not grown for harvest.
(e) CWA means the Clean Water Act (formerly referred to as either the Federal Water Pollution Act or the
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 96–483, Public Law 97–117, and Public Law 100–4.
(f) Domestic septage is either liquid or solid material removed from a septic tank, cesspool, portable toilet,
Type III marine sanitation device, or similar treatment works that receives only domestic sewage. Domestic
septage does not include liquid or solid material removed from a septic tank, cesspool, or similar treatment
works that receives either commercial wastewater or industrial wastewater and does not include grease
removed from a grease trap at a restaurant.
(g) Domestic sewage is waste and wastewater from humans or household operations that is discharged to
or otherwise enters a treatment works.
(h) Dry weight basis means calculated on the basis of having been dried at 105 degrees Celsius until
reaching a constant mass (i.e., essentially 100 percent solids content).
(i) EPA means the United States Environmental Protection Agency.
(j) Feed crops are crops produced primarily for consumption by animals.
(k) Fiber crops are crops such as flax and cotton.
(l) Food crops are crops consumed by humans. These include, but are not limited to, fruits, vegetables,
(m) Ground water is water below the land surface in the saturated zone.
(n) Industrial wastewater is wastewater generated in a commercial or industrial process.
(o) 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.
(p) Permitting authority is either EPA or a State with an EPA-approved sludge management program.
(q) Person is an individual, association, partnership, corporation, municipality, State or Federal agency, or
an agent or employee thereof.
(r) 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
(s) Place sewage sludge or sewage sludge placed means disposal of sewage sludge on a surface disposal
(t) Pollutant is an organic substance, an inorganic substance, a combination of organic and inorganic
substances, or a pathogenic organism that, after discharge and upon exposure, ingestion, inhalation, or
assimilation into an organism either directly from the environment or indirectly by ingestion through the
food chain, could, on the basis of information available to the Administrator of EPA, cause death, disease,
behavioral abnormalities, cancer, genetic mutations, physiological malfunctions (including malfunction in
reproduction), or physical deformations in either organisms or offspring of the organisms.
(u) Pollutant limit is a numerical value that describes the amount of a pollutant allowed per unit amount of
sewage sludge (e.g., milligrams per kilogram of total solids); the amount of a pollutant that can be applied
to a unit area of land (e.g., kilograms per hectare); or the volume of a material that can be applied to a unit
area of land (e.g., gallons per acre).
(v) Runoff is rainwater, leachate, or other liquid that drains overland on any part of a land surface and
runs off of the land surface.
(w) Sewage sludge is solid, semi-solid, or liquid residue generated during the treatment of domestic
sewage in a treatment works. Sewage sludge includes, but is not limited to, domestic septage; scum or
solids removed in primary, secondary, or advanced wastewater treatment processes; and a material
derived from sewage sludge. Sewage sludge does not include ash generated during the firing of sewage
sludge in a sewage sludge incinerator or grit and screenings generated during preliminary treatment of
domestic sewage in a treatment works.
(x) State is one of the United States of America, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the Trust Territory of the Pacific Islands, the
Commonwealth of the Northern Mariana Islands, and an Indian Tribe eligible for treatment as a State
pursuant to regulations promulgated under the authority of section 518(e) of the CWA.
(y) 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
(z) Treat or treatment of sewage sludge is the preparation of sewage sludge for final use or disposal. This
includes, but is not limited to, thickening, stabilization, and dewatering of sewage sludge. This does not
include storage of sewage sludge.
(aa) Treatment works is either a federally owned, publicly owned, or privately owned device or system
used to treat (including recycle and reclaim) either domestic sewage or a combination of domestic sewage
and industrial waste of a liquid nature.
(bb) Wetlands means those areas that are inundated or saturated by surface water or ground water at a
frequency and duration 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.