19-8-102. DEFINITIONS.

1. “Aquifer” means a ground water-bearing geologic formation or formation that contain enough saturated permeable material to yield significant quantities of water to wells.
2. “Contaminate” means to degrade the quality of ground or well water for human consumption by the addition or contribution of substances potentially harmful to health or offensive to the senses.
3. “Community Wellhead Protection Area” or “CWPA” means the portion of an aquifer within the zone of capture and recharge area for a well or well field used to serve community water systems on the Rosebud Reservation designated for protection pursuant to this Title.
4. “Community water systems” means water wells and distribution systems that are operated by the Rosebud Water and Sewer Commission or such other community or tribal water districts or entities as may hereafter be established.
5. “Director” means the Director of Water Resources.
6. “Facility” means contiguous area of land and such structures, appurtenances or improvements as have been placed thereon for a particular purpose.
7. “Groundwater” means water below the land surface in the zone of saturation.
8. “Hazardous wastes” means any material designated pursuant to federal law and that generally exhibit the characteristics of ignitability, corrosivity, reactivity, or toxicity.
9. “Hazardous substance” means:
   • Any substance designated as such pursuant to federal law.
10. “Operator” means any person in control or having responsibility for daily operation of any facility or activity.
11. “Person” means any human person, individual, public or private corporation, firm, association, joint venture, partnership, municipality, governmental agency (including an agency of the Rosebud Sioux Tribe), political subdivision, public officer, owner, lessee, tenant, or any other entity whatsoever or any combination of such entity, but not the sovereign Rosebud Sioux Tribe or the Tribal Council.
12. “Pesticide” means:
    1. Any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pests, and
    2. Any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant. The term ‘pesticide’ shall not include any article (1) that is a ‘new animal drug’ within the meaning of 21 U.S.C. § 321 (w); (2) that has been determined by the Secretary of Health and Human Services not to be a new animal drug by a regulation establishing conditions of use for the article; or (3) that is an animal feed within the meaning of 21 U.S.C. § 321 (x) and bearing or containing an article covered by clause (1) of this subsection.
13. “Well” means a pit or hole dug or drilled into the earth to reach an aquifer in order to supply water.