§ 61-28-02 — Definitions

As used in this chapter, unless the context otherwise requires:
1. "Council" means the environmental review advisory council.
2. "Department" means the department of environmental quality.
3. "Discharge" means the addition of any waste to state waters from any point source.
4. "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.
5. "Person" includes any corporation, limited liability company, individual, partnership,
association, or other public or private entity, including any state or federal agency or
entity responsible for managing a state or federal facility, and includes any officer or
governing or managing body of any such entity.
6. "Point source" means any discernible, confined, and discrete conveyance, including
any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock,
concentrated animal feeding operation, or vessel or other floating craft, from which
wastes are or may be discharged.
7. "Pollution" means the manmade or man-induced alteration of the physical, chemical,
biological, or radiological integrity of any waters of the state.
8. "Septage" means the liquid or solid material removed from septic systems, cesspools,
privies, chemical toilets, holding tanks, and similar devices that receive domestic
wastewater.
9. "Septic system" means a disposal system, and all of its components, used to receive,
treat, and dispose of domestic wastewater through microbiological decomposition and
soil absorption.
10. "Septic system servicer" means a person that engages in the business of servicing
septic systems, cesspools, privies, chemical toilets, holding tanks, and similar devices
that receive domestic wastewater.
11. "Service" or "servicing" means cleaning septic systems, cesspools, privies, chemical
toilets, holding tanks, and similar devices that receive domestic wastewater; removing
septage from these devices; transporting septage; or disposing septage by applying it
to land or otherwise.
12. "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.
13. "Treatment works" means any plant or other works used for the purpose of treating,
stabilizing, or holding wastes.
14. "Wastes" means all substances which cause or tend to cause pollution of any waters
of the state, including dredged spoil, solid waste, incinerator residue, sewage,
garbage, sewage sludge, munitions, chemical wastes, biological materials, radiological
materials, heat, wrecked or discarded equipment, rock, sand, and cellar dirt and
industrial, municipal, and agricultural pollution discharged into any waters of the state.
15. "Waters of the state" means all waters within the jurisdiction of this state, including all
streams, lakes, ponds, impounding reservoirs, marshes, watercourses, waterways,
and all other bodies or accumulations of water on or under the surface of the earth,

natural or artificial, public or private, situated wholly or partly within or bordering upon
the state, except those private waters that do not combine or effect a junction with
natural surface or underground waters just defined.