Definitions

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  • For the purposes of this chapter, and unless the context otherwise requires, the following words and phrases shall have the meanings ascribed to them in this section:
    • (a) “Pollution” means such contamination, or other alteration of the physical, chemical or biological properties, of any waters of the United States Virgin Islands, 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 such waters as will or is likely to create a nuisance or render such waters harmful, detrimental or injurious to public health, safety or welfare, or to domestic, recreational, or other legitimate beneficial uses, or to livestock, wild animals, birds, fish or other aquatic life; or the man-made or man-induced alteration of the chemical, physical, biological or radiological integrity of any such waters.

    • (b) “Pollutant” or “waste” used interchangeably, means dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal and agricultural waste discharged into water.

    • (c) “Sewerage system” means 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 disposal.

    • (d) “Treatment works” means any plant or other works, used for the purpose of treating, stabilizing or holding wastes.

    • (e) “Disposal system” means a system for disposing of wastes, either by surface or underground methods, and includes sewerage systems, treatment works, disposal wells and other systems.

    • (f) “Waters of the United States Virgin Islands” means all waters within the jurisdiction of the United States Virgin Islands including all harbors, streams, lakes, ponds, impounding reservoirs, marshes, water-courses, water-ways, wells, springs, irrigation systems, drainage systems and all other bodies or accumulations of water, surface and underground, natural or artificial, public or private, situated wholly or partly within or bordering upon the United States Virgin Islands, including the territorial seas, contiguous zones, and oceans.

    • (g) “Person” means an individual, corporation, partnership, association, territory, or territorial agency, the Government of the Virgin Islands, the Government of the United States, and any board, commission, authority, or independent instrumentality of the Government of the Virgin Islands and the United States Government and any officer, agent, or employee thereof, including those having regulatory authority over the discharge of pollutants.

    • (h) “Commissioner” means the Commissioner of the Department of Planning and Natural Resources, or his designee.

    • (i) “Discharge” or “disposal” means the addition of any pollutant to United States Virgin Islands waters from any point source.

    • (j) “Point source” includes but is not limited to any discernible, confined and discrete conveyance, any pipe ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel or other floating craft, or landfill leachate collection system from which pollutants are or may be discharged.

    • (k) “Effluent limitations” means any restrictions or prohibitions established under United States Virgin Islands and federal laws and regulations, including but not limited to effluent limitations, standards of performance for new sources, toxic effluent standards and ocean discharge criteria, on quantities, rates and concentrations of chemical, physical, biological and other constituents which are discharged from point sources into United States Virgin Islands waters, including schedules of compliance.

    • (l) “Water quality standards” means any water quality standards adopted and effective under United States Virgin Islands and federal laws.

    • (m) “Water quality criteria” means any criteria describing the required quality of United States Virgin Islands waters adopted under United States Virgin Islands and federal laws.

    • (n) “Schedule of compliance” means a schedule of remedial measures including an enforceable sequence of actions or operations leading to compliance with an effluent limitation or water quality standard.

    • (o) “Permit” means a permit to discharge pollutants into United States Virgin Islands waters issued under section 185 of this chapter.

    • (p) “Industrial user” means those industries identified in the Standard Industrial Classification Manual, United States Bureau of the Budget, 1967, as amended and supplemented under the category “Division D — Manufacturing” and such other classes of significant waste producers identified under regulations issued by the Commissioner or the Administrator of the United States Environmental Protection Agency.

    • (q) “Publicly owned treatment works” means any facility for the treatment of pollutants owned by the United States Virgin Islands, any political subdivision thereof, or other public entity.

    • (r) “Federal Water Pollution Control Act” and “Federal Clean Water Act” used interchangeably, mean the Federal Clean Water Act, 33 U.S.C., section 1251 et seq. as amended, and the rules and regulations promulgated there under.

    • (s) “Administrator” means the Administrator of the United States Environmental Protection Agency.


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