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Section: 644.0016 Definitions. Rsmo 644.016


Published: 2015

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Missouri Revised Statutes













Chapter 644

Water Pollution

←644.011

Section 644.016.1

644.018→

August 28, 2015

Definitions.

644.016. When used in sections 644.006 to 644.141 and in standards,

rules and regulations promulgated pursuant to sections 644.006 to 644.141,

the following words and phrases mean:



(1) "Aquaculture facility", a hatchery, fish farm, or other facility

used for the production of aquatic animals that is required to have a

permit pursuant to the federal Clean Water Act, as amended, 33 U.S.C.

Section 1251, et seq.;



(2) "Commission", the clean water commission of the state of Missouri

created in section 644.021;



(3) "Conference, conciliation and persuasion", a process of verbal or

written communications consisting of meetings, reports, correspondence or

telephone conferences between authorized representatives of the department

and the alleged violator. The process shall, at a minimum, consist of one

offer to meet with the alleged violator tendered by the department. During

any such meeting, the department and the alleged violator shall negotiate

in good faith to eliminate the alleged violation and shall attempt to agree

upon a plan to achieve compliance;



(4) "Department", the department of natural resources;



(5) "Director", the director of the department of natural resources;



(6) "Discharge", the causing or permitting of one or more water

contaminants to enter the waters of the state;



(7) "Effluent control regulations", limitations on the discharge of

water contaminants;



(8) "General permit", a permit written with a standard group of

conditions and with applicability intended for a designated category of

water contaminant sources that have the same or similar operations,

discharges and geographical locations, and that require the same or similar

monitoring, and that would be more appropriately controlled pursuant to a

general permit rather than pursuant to a site-specific permit;



(9) "General permit template", a draft general permit that is being

developed through a public participation process;



(10) "Human sewage", human excreta and wastewater, including bath and

toilet waste, residential laundry waste, residential kitchen waste, and

other similar waste from household or establishment appurtenances;



(11) "Income" includes retirement benefits, consultant fees, and

stock dividends;



(12) "Minor violation", a violation which possesses a small potential

to harm the environment or human health or cause pollution, was not

knowingly committed, and is not defined by the United States Environmental

Protection Agency as other than minor;



(13) "Permit by rule", a permit granted by rule, not by a paper

certificate, and conditioned by the permit holder's compliance with

commission rules;



(14) "Permit holders or applicants for a permit" shall not include

officials or employees who work full time for any department or agency of

the state of Missouri;



(15) "Person", any individual, partnership, copartnership, firm,

company, public or private corporation, association, joint stock company,

trust, estate, political subdivision, or any agency, board, department, or

bureau of the state or federal government, or any other legal entity

whatever which is recognized by law as the subject of rights and duties;



(16) "Point source", 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. Point source does not include

agricultural storm water discharges and return flows from irrigated

agriculture;



(17) "Pollution", such contamination or other alteration of the

physical, chemical or biological properties of any waters of the state,

including change in temperature, taste, color, turbidity, or odor of the

waters, or such discharge of any liquid, gaseous, solid, radioactive, or

other substance into any waters of the state as will or is reasonably

certain to create a nuisance or render such waters harmful, detrimental or

injurious to public health, safety or welfare, or to domestic, industrial,

agricultural, recreational, or other legitimate beneficial uses, or to wild

animals, birds, fish or other aquatic life;



(18) "Pretreatment regulations", limitations on the introduction of

pollutants or water contaminants into publicly owned treatment works or

facilities which the commission determines are not susceptible to treatment

by such works or facilities or which would interfere with their operation,

except that wastes as determined compatible for treatment pursuant to any

federal water pollution control act or guidelines shall be limited or

treated pursuant to this chapter only as required by such act or

guidelines;



(19) "Residential housing development", any land which is divided or

proposed to be divided into three or more lots, whether contiguous or not,

for the purpose of sale or lease as part of a common promotional plan for

residential housing;



(20) "Sewer system", pipelines or conduits, pumping stations, and

force mains, and all other structures, devices, appurtenances and

facilities used for collecting or conducting wastes to an ultimate point

for treatment or handling;



(21) "Significant portion of his or her income" shall mean ten

percent of gross personal income for a calendar year, except that it shall

mean fifty percent of gross personal income for a calendar year if the

recipient is over sixty years of age, and is receiving such portion

pursuant to retirement, pension, or similar arrangement;



(22) "Site-specific permit", a permit written for discharges emitted

from a single water contaminant source and containing specific conditions,

monitoring requirements and effluent limits to control such discharges;



(23) "Treatment facilities", any method, process, or equipment which

removes, reduces, or renders less obnoxious water contaminants released

from any source;



(24) "Water contaminant", any particulate matter or solid matter or

liquid or any gas or vapor or any combination thereof, or any temperature

change which is in or enters any waters of the state either directly or

indirectly by surface runoff, by sewer, by subsurface seepage or otherwise,

which causes or would cause pollution upon entering waters of the state, or

which violates or exceeds any of the standards, regulations or limitations

set forth in sections 644.006 to 644.141 or any federal water pollution

control act, or is included in the definition of pollutant in such federal

act;



(25) "Water contaminant source", the point or points of discharge

from a single tract of property on which is located any installation,

operation or condition which includes any point source defined in sections

644.006 to 644.141 and nonpoint source pursuant to any federal water

pollution control act, which causes or permits a water contaminant

therefrom to enter waters of the state either directly or indirectly;



(26) "Water quality standards", specified concentrations and

durations of water contaminants which reflect the relationship of the

intensity and composition of water contaminants to potential undesirable

effects;



(27) "Waters of the state", all waters within the jurisdiction of

this state, including all rivers, streams, lakes and other bodies of

surface and subsurface water lying within or forming a part of the

boundaries of the state which are not entirely confined and located

completely upon lands owned, leased or otherwise controlled by a single

person or by two or more persons jointly or as tenants in common.



(L. 1972 S.B. 424, A.L. 1973 S.B. 259, S.B. 321, A.L. 1993 S.B. 80, et

al., A.L. 2000 S.B. 741, A.L. 2002 S.B. 984 & 985, A.L. 2006 H.B.

1149, A.L. 2012 H.B. 1251, A.L. 2015 H.B. 92)



*Transferred 1986; formerly 204.016





2012

2006

2002

2000



2012



644.016. When used in sections 644.006 to 644.141 and in standards,

rules and regulations promulgated pursuant to sections 644.006 to 644.141,

the following words and phrases mean:



(1) "Aquaculture facility", a hatchery, fish farm, or other facility

used for the production of aquatic animals that is required to have a

permit pursuant to the federal Clean Water Act, as amended, 33 U.S.C. 1251,

et seq.;



(2) "Commission", the clean water commission of the state of Missouri

created in section 644.021;



(3) "Conference, conciliation and persuasion", a process of verbal or

written communications consisting of meetings, reports, correspondence or

telephone conferences between authorized representatives of the department

and the alleged violator. The process shall, at a minimum, consist of one

offer to meet with the alleged violator tendered by the department. During

any such meeting, the department and the alleged violator shall negotiate

in good faith to eliminate the alleged violation and shall attempt to agree

upon a plan to achieve compliance;



(4) "Department", the department of natural resources;



(5) "Director", the director of the department of natural resources;



(6) "Discharge", the causing or permitting of one or more water

contaminants to enter the waters of the state;



(7) "Effluent control regulations", limitations on the discharge of

water contaminants;



(8) "General permit", a permit written with a standard group of

conditions and with applicability intended for a designated category of

water contaminant sources that have the same or similar operations,

discharges and geographical locations, and that require the same or similar

monitoring, and that would be more appropriately controlled pursuant to a

general permit rather than pursuant to a site-specific permit;



(9) "General permit template", a draft general permit that is being

developed through a public participation process;



(10) "Human sewage", human excreta and wastewater, including bath and

toilet waste, residential laundry waste, residential kitchen waste, and

other similar waste from household or establishment appurtenances;



(11) "Income" includes retirement benefits, consultant fees, and

stock dividends;



(12) "Minor violation", a violation which possesses a small potential

to harm the environment or human health or cause pollution, was not

knowingly committed, and is not defined by the United States Environmental

Protection Agency as other than minor;



(13) "Permit by rule", a permit granted by rule, not by a paper

certificate, and conditioned by the permit holder's compliance with

commission rules;



(14) "Permit holders or applicants for a permit" shall not include

officials or employees who work full time for any department or agency of

the state of Missouri;



(15) "Person", any individual, partnership, copartnership, firm,

company, public or private corporation, association, joint stock company,

trust, estate, political subdivision, or any agency, board, department, or

bureau of the state or federal government, or any other legal entity

whatever which is recognized by law as the subject of rights and duties;



(16) "Point source", 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. Point source does not include

agricultural storm water discharges and return flows from irrigated

agriculture;



(17) "Pollution", such contamination or other alteration of the

physical, chemical or biological properties of any waters of the state,

including change in temperature, taste, color, turbidity, or odor of the

waters, or such discharge of any liquid, gaseous, solid, radioactive, or

other substance into any waters of the state as will or is reasonably

certain to create a nuisance or render such waters harmful, detrimental or

injurious to public health, safety or welfare, or to domestic, industrial,

agricultural, recreational, or other legitimate beneficial uses, or to wild

animals, birds, fish or other aquatic life;



(18) "Pretreatment regulations", limitations on the introduction of

pollutants or water contaminants into publicly owned treatment works or

facilities which the commission determines are not susceptible to treatment

by such works or facilities or which would interfere with their operation,

except that wastes as determined compatible for treatment pursuant to any

federal water pollution control act or guidelines shall be limited or

treated pursuant to this chapter only as required by such act or

guidelines;



(19) "Residential housing development", any land which is divided or

proposed to be divided into three or more lots, whether contiguous or not,

for the purpose of sale or lease as part of a common promotional plan for

residential housing;



(20) "Sewer system", pipelines or conduits, pumping stations, and

force mains, and all other structures, devices, appurtenances and

facilities used for collecting or conducting wastes to an ultimate point

for treatment or handling;



(21) "Significant portion of his or her income" shall mean ten

percent of gross personal income for a calendar year, except that it shall

mean fifty percent of gross personal income for a calendar year if the

recipient is over sixty years of age, and is receiving such portion

pursuant to retirement, pension, or similar arrangement;



(22) "Site-specific permit", a permit written for discharges emitted

from a single water contaminant source and containing specific conditions,

monitoring requirements and effluent limits to control such discharges;



(23) "Treatment facilities", any method, process, or equipment which

removes, reduces, or renders less obnoxious water contaminants released

from any source;



(24) "Water contaminant", any particulate matter or solid matter or

liquid or any gas or vapor or any combination thereof, or any temperature

change which is in or enters any waters of the state either directly or

indirectly by surface runoff, by sewer, by subsurface seepage or otherwise,

which causes or would cause pollution upon entering waters of the state, or

which violates or exceeds any of the standards, regulations or limitations

set forth in sections 644.006 to 644.141 or any federal water pollution

control act, or is included in the definition of pollutant in such federal

act;



(25) "Water contaminant source", the point or points of discharge

from a single tract of property on which is located any installation,

operation or condition which includes any point source defined in sections

644.006 to 644.141 and nonpoint source pursuant to any federal water

pollution control act, which causes or permits a water contaminant

therefrom to enter waters of the state either directly or indirectly;



(26) "Water quality standards", specified concentrations and

durations of water contaminants which reflect the relationship of the

intensity and composition of water contaminants to potential undesirable

effects;



(27) "Waters of the state", all rivers, streams, lakes and other

bodies of surface and subsurface water lying within or forming a part of

the boundaries of the state which are not entirely confined and located

completely upon lands owned, leased or otherwise controlled by a single

person or by two or more persons jointly or as tenants in common and

includes waters of the United States lying within the state.



2006



644.016. When used in sections 644.006 to 644.141 and in standards,

rules and regulations promulgated pursuant to sections 644.006 to 644.141,

the following words and phrases mean:



(1) "Aquaculture facility", a hatchery, fish farm, or other facility

used for the production of aquatic animals that is required to have a permit

pursuant to the federal Clean Water Act, as amended, 33 U.S.C. 1251, et seq.;



(2) "Commission", the clean water commission of the state of Missouri

created in section 644.021;



(3) "Conference, conciliation and persuasion", a process of verbal or

written communications consisting of meetings, reports, correspondence or

telephone conferences between authorized representatives of the department

and the alleged violator. The process shall, at a minimum, consist of one

offer to meet with the alleged violator tendered by the department. During

any such meeting, the department and the alleged violator shall negotiate in

good faith to eliminate the alleged violation and shall attempt to agree upon

a plan to achieve compliance;



(4) "Department", the department of natural resources;



(5) "Director", the director of the department of natural resources;



(6) "Discharge", the causing or permitting of one or more water

contaminants to enter the waters of the state;



(7) "Effluent control regulations", limitations on the discharge of

water contaminants;



(8) "General permit", a permit written with a standard group of

conditions and with applicability intended for a designated category of water

contaminant sources that have the same or similar operations, discharges and

geographical locations, and that require the same or similar monitoring, and

that would be more appropriately controlled pursuant to a general permit

rather than pursuant to a site-specific permit;



(9) "Human sewage", human excreta and wastewater, including bath and

toilet waste, residential laundry waste, residential kitchen waste, and other

similar waste from household or establishment appurtenances;



(10) "Income" includes retirement benefits, consultant fees, and stock

dividends;



(11) "Minor violation", a violation which possesses a small potential to

harm the environment or human health or cause pollution, was not knowingly

committed, and is not defined by the United States Environmental Protection

Agency as other than minor;



(12) "Permit by rule", a permit granted by rule, not by a paper

certificate, and conditioned by the permit holder's compliance with

commission rules;



(13) "Permit holders or applicants for a permit" shall not include

officials or employees who work full time for any department or agency of the

state of Missouri;



(14) "Person", any individual, partnership, copartnership, firm, company,

public or private corporation, association, joint stock company, trust,

estate, political subdivision, or any agency, board, department, or bureau of

the state or federal government, or any other legal entity whatever which is

recognized by law as the subject of rights and duties;



(15) "Point source", 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. Point source does not include agricultural storm water

discharges and return flows from irrigated agriculture;



(16) "Pollution", such contamination or other alteration of the physical,

chemical or biological properties of any waters of the state, including

change in temperature, taste, color, turbidity, or odor of the waters, or such

discharge of any liquid, gaseous, solid, radioactive, or other substance into

any waters of the state as will or is reasonably certain to create a nuisance

or render such waters harmful, detrimental or injurious to public health,

safety or welfare, or to domestic, industrial, agricultural, recreational, or

other legitimate beneficial uses, or to wild animals, birds, fish or other

aquatic life;



(17) "Pretreatment regulations", limitations on the introduction of

pollutants or water contaminants into publicly owned treatment works or

facilities which the commission determines are not susceptible to treatment

by such works or facilities or which would interfere with their operation,

except that wastes as determined compatible for treatment pursuant to any

federal water pollution control act or guidelines shall be limited or treated

pursuant to this chapter only as required by such act or guidelines;



(18) "Residential housing development", any land which is divided or

proposed to be divided into three or more lots, whether contiguous or not,

for the purpose of sale or lease as part of a common promotional plan for

residential housing;



(19) "Sewer system", pipelines or conduits, pumping stations, and force

mains, and all other structures, devices, appurtenances and facilities used

for collecting or conducting wastes to an ultimate point for treatment or

handling;



(20) "Significant portion of his or her income" shall mean ten percent of

gross personal income for a calendar year, except that it shall mean fifty

percent of gross personal income for a calendar year if the recipient is over

sixty years of age, and is receiving such portion pursuant to retirement,

pension, or similar arrangement;



(21) "Site-specific permit", a permit written for discharges emitted from

a single water contaminant source and containing specific conditions,

monitoring requirements and effluent limits to control such discharges;



(22) "Treatment facilities", any method, process, or equipment which

removes, reduces, or renders less obnoxious water contaminants released from

any source;



(23) "Water contaminant", any particulate matter or solid matter or

liquid or any gas or vapor or any combination thereof, or any temperature

change which is in or enters any waters of the state either directly or

indirectly by surface runoff, by sewer, by subsurface seepage or otherwise,

which causes or would cause pollution upon entering waters of the state, or

which violates or exceeds any of the standards, regulations or limitations

set forth in sections 644.006 to 644.141 or any federal water pollution

control act, or is included in the definition of pollutant in such federal act;



(24) "Water contaminant source", the point or points of discharge from a

single tract of property on which is located any installation, operation or

condition which includes any point source defined in sections 644.006 to

644.141 and nonpoint source pursuant to any federal water pollution control

act, which causes or permits a water contaminant therefrom to enter waters of

the state either directly or indirectly;



(25) "Water quality standards", specified concentrations and durations of

water contaminants which reflect the relationship of the intensity and

composition of water contaminants to potential undesirable effects;



(26) "Waters of the state", all rivers, streams, lakes and other bodies

of surface and subsurface water lying within or forming a part of the

boundaries of the state which are not entirely confined and located completely

upon lands owned, leased or otherwise controlled by a single person or by two

or more persons jointly or as tenants in common and includes waters of the

United States lying within the state.



2002



644.016. When used in sections 644.006 to 644.141 and in standards,

rules and regulations promulgated pursuant to sections 644.006 to 644.141,

the following words and phrases mean:



(1) "Aquaculture facility", a hatchery, fish farm, or other facility

used for the production of aquatic animals that is required to have a

permit pursuant to the federal Clean Water Act, as amended, 33 U.S.C. 1251

et seq.;



(2) "Commission", the clean water commission of the state of Missouri

created in section 644.021;



(3) "Conference, conciliation and persuasion", a process of verbal or

written communications consisting of meetings, reports, correspondence or

telephone conferences between authorized representatives of the department

and the alleged violator. The process shall, at a minimum, consist of one

offer to meet with the alleged violator tendered by the department. During

any such meeting, the department and the alleged violator shall negotiate

in good faith to eliminate the alleged violation and shall attempt to agree

upon a plan to achieve compliance;



(4) "Department", the department of natural resources;



(5) "Director", the director of the department of natural resources;



(6) "Discharge", the causing or permitting of one or more water

contaminants to enter the waters of the state;



(7) "Effluent control regulations", limitations on the discharge of

water contaminants;



(8) "General permit", a permit written with a standard group of

conditions and with applicability intended for a designated category of

water contaminant sources that have the same or similar operations,

discharges and geographical locations, and that require the same or similar

monitoring, and that would be more appropriately controlled pursuant to a

general permit rather than pursuant to a site-specific permit;



(9) "Human sewage", human excreta and wastewater, including bath and

toilet waste, residential laundry waste, residential kitchen waste, and

other similar waste from household or establishment appurtenances;



(10) "Income" includes retirement benefits, consultant fees, and

stock dividends;



(11) "Minor violation", a violation which possesses a small potential

to harm the environment or human health or cause pollution, was not

knowingly committed, and is not defined by the United States Environmental

Protection Agency as other than minor;



(12) "Permit by rule", a permit granted by rule, not by a paper

certificate, and conditioned by the permit holder's compliance with

commission rules;



(13) "Permit holders or applicants for a permit" shall not include

officials or employees who work full time for any department or agency of

the state of Missouri;



(14) "Person", any individual, partnership, copartnership, firm,

company, public or private corporation, association, joint stock company,

trust, estate, political subdivision, or any agency, board, department, or

bureau of the state or federal government, or any other legal entity

whatever which is recognized by law as the subject of rights and duties;



(15) "Point source", 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;



(16) "Pollution", such contamination or other alteration of the

physical, chemical or biological properties of any waters of the state,

including change in temperature, taste, color, turbidity, or odor of the

waters, or such discharge of any liquid, gaseous, solid, radioactive, or

other substance into any waters of the state as will or is reasonably

certain to create a nuisance or render such waters harmful, detrimental or

injurious to public health, safety or welfare, or to domestic, industrial,

agricultural, recreational, or other legitimate beneficial uses, or to wild

animals, birds, fish or other aquatic life;



(17) "Pretreatment regulations", limitations on the introduction of

pollutants or water contaminants into publicly owned treatment works or

facilities which the commission determines are not susceptible to treatment

by such works or facilities or which would interfere with their operation,

except that wastes as determined compatible for treatment pursuant to any

federal water pollution control act or guidelines shall be limited or

treated pursuant to this chapter only as required by such act or

guidelines;



(18) "Residential housing development", any land which is divided or

proposed to be divided into three or more lots, whether contiguous or not,

for the purpose of sale or lease as part of a common promotional plan for

residential housing;



(19) "Sewer system", pipelines or conduits, pumping stations, and

force mains, and all other structures, devices, appurtenances and

facilities used for collecting or conducting wastes to an ultimate point

for treatment or handling;



(20) "Significant portion of his or her income" shall mean ten

percent of gross personal income for a calendar year, except that it shall

mean fifty percent of gross personal income for a calendar year if the

recipient is over sixty years of age, and is receiving such portion

pursuant to retirement, pension, or similar arrangement;



(21) "Site-specific permit", a permit written for discharges emitted

from a single water contaminant source and containing specific conditions,

monitoring requirements and effluent limits to control such discharges;



(22) "Treatment facilities", any method, process, or equipment which

removes, reduces, or renders less obnoxious water contaminants released

from any source;



(23) "Water contaminant", any particulate matter or solid matter or

liquid or any gas or vapor or any combination thereof, or any temperature

change which is in or enters any waters of the state either directly or

indirectly by surface runoff, by sewer, by subsurface seepage or otherwise,

which causes or would cause pollution upon entering waters of the state, or

which violates or exceeds any of the standards, regulations or limitations

set forth in sections 644.006 to 644.141 or any federal water pollution

control act, or is included in the definition of pollutant in such federal

act;



(24) "Water contaminant source", the point or points of discharge

from a single tract of property on which is located any installation,

operation or condition which includes any point source defined in sections

644.006 to 644.141 and nonpoint source pursuant to any federal water

pollution control act, which causes or permits a water contaminant

therefrom to enter waters of the state either directly or indirectly;



(25) "Water quality standards", specified concentrations and

durations of water contaminants which reflect the relationship of the

intensity and composition of water contaminants to potential undesirable

effects;



(26) "Waters of the state", all rivers, streams, lakes and other

bodies of surface and subsurface water lying within or forming a part of

the boundaries of the state which are not entirely confined and located

completely upon lands owned, leased or otherwise controlled by a single

person or by two or more persons jointly or as tenants in common and

includes waters of the United States lying within the state.



2000



644.016. When used in sections 644.006 to 644.141 and in standards,

rules and regulations promulgated pursuant to sections 644.006 to 644.141,

the following words and phrases mean:



(1) "Commission", the clean water commission of the state of Missouri

created in section 644.021;



(2) "Conference, conciliation and persuasion", a process of verbal or

written communications consisting of meetings, reports, correspondence or

telephone conferences between authorized representatives of the department

and the alleged violator. The process shall, at a minimum, consist of one

offer to meet with the alleged violator tendered by the department. During

any such meeting, the department and the alleged violator shall negotiate

in good faith to eliminate the alleged violation and shall attempt to agree

upon a plan to achieve compliance;



(3) "Department", the department of natural resources;



(4) "Director", the director of the department of natural resources;



(5) "Discharge", the causing or permitting of one or more water

contaminants to enter the waters of the state;



(6) "Effluent control regulations", limitations on the discharge of

water contaminants;



(7) "General permit", a permit written with a standard group of

conditions and with applicability intended for a designated category of

water contaminant sources that have the same or similar operations,

discharges and geographical locations, and that require the same or similar

monitoring, and that would be more appropriately controlled pursuant to a

general permit rather than pursuant to a site-specific permit;



(8) "Human sewage", human excreta and wastewater, including bath and

toilet waste, residential laundry waste, residential kitchen waste, and

other similar waste from household or establishment appurtenances;



(9) "Income" includes retirement benefits, consultant fees, and stock

dividends;



(10) "Minor violation", a violation which possesses a small potential

to harm the environment or human health or cause pollution, was not

knowingly committed, and is not defined by the United States Environmental

Protection Agency as other than minor;



(11) "Permit by rule", a permit granted by rule, not by a paper

certificate, and conditioned by the permit holder's compliance with

commission rules;



(12) "Permit holders or applicants for a permit" shall not include

officials or employees who work full time for any department or agency of

the state of Missouri;



(13) "Person", any individual, partnership, copartnership, firm,

company, public or private corporation, association, joint stock company,

trust, estate, political subdivision, or any agency, board, department, or

bureau of the state or federal government, or any other legal entity

whatever which is recognized by law as the subject of rights and duties;



(14) "Point source", 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;



(15) "Pollution", such contamination or other alteration of the

physical, chemical or biological properties of any waters of the state,

including change in temperature, taste, color, turbidity, or odor of the

waters, or such discharge of any liquid, gaseous, solid, radioactive, or

other substance into any waters of the state as will or is reasonably

certain to create a nuisance or render such waters harmful, detrimental or

injurious to public health, safety or welfare, or to domestic, industrial,

agricultural, recreational, or other legitimate beneficial uses, or to wild

animals, birds, fish or other aquatic life;



(16) "Pretreatment regulations", limitations on the introduction of

pollutants or water contaminants into publicly owned treatment works or

facilities which the commission determines are not susceptible to treatment

by such works or facilities or which would interfere with their operation,

except that wastes as determined compatible for treatment pursuant to any

federal water pollution control act or guidelines shall be limited or

treated pursuant to this chapter only as required by such act or

guidelines;



(17) "Residential housing development", any land which is divided or

proposed to be divided into three or more lots, whether contiguous or not,

for the purpose of sale or lease as part of a common promotional plan for

residential housing;



(18) "Sewer system", pipelines or conduits, pumping stations, and

force mains, and all other structures, devices, appurtenances and

facilities used for collecting or conducting wastes to an ultimate point

for treatment or handling;



(19) "Significant portion of his or her income" shall mean ten

percent of gross personal income for a calendar year, except that it shall

mean fifty percent of gross personal income for a calendar year if the

recipient is over sixty years of age, and is receiving such portion

pursuant to retirement, pension, or similar arrangement;



(20) "Site-specific permit", a permit written for discharges emitted

from a single water contaminant source and containing specific conditions,

monitoring requirements and effluent limits to control such discharges;



(21) "Treatment facilities", any method, process, or equipment which

removes, reduces, or renders less obnoxious water contaminants released

from any source;



(22) "Water contaminant", any particulate matter or solid matter or

liquid or any gas or vapor or any combination thereof, or any temperature

change which is in or enters any waters of the state either directly or

indirectly by surface runoff, by sewer, by subsurface seepage or otherwise,

which causes or would cause pollution upon entering waters of the state, or

which violates or exceeds any of the standards, regulations or limitations

set forth in sections 644.006 to 644.141 or any federal water pollution

control act, or is included in the definition of pollutant in such federal

act;



(23) "Water contaminant source", the point or points of discharge

from a single tract of property on which is located any installation,

operation or condition which includes any point source defined in sections

644.006 to 644.141 and nonpoint source pursuant to any federal water

pollution control act, which causes or permits a water contaminant

therefrom to enter waters of the state either directly or indirectly;



(24) "Water quality standards", specified concentrations and

durations of water contaminants which reflect the relationship of the

intensity and composition of water contaminants to potential undesirable

effects;



(25) "Waters of the state", all rivers, streams, lakes and other

bodies of surface and subsurface water lying within or forming a part of

the boundaries of the state which are not entirely confined and located

completely upon lands owned, leased or otherwise controlled by a single

person or by two or more persons jointly or as tenants in common and

includes waters of the United States lying within the state.



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