49-231. Definitions
In this article, unless the context otherwise requires:
1. " Impaired water" means a protected surface water for which credible scientific data exists that satisfies the requirements of section 49-232, and that, in the case of WOTUS, 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 protected surface water pursuant to section 49-221 and, in the case of WOTUS, pursuant to section 49-222.
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. Total maximum daily loads for WOTUS shall meet the requirements of 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. Total maximum daily loads for non-WOTUS protected surface waters shall not be subject to review, approval or enforcement by the United States environmental protection agency.