Current through Register Vol. XLI, No. 44, November 1, 2024
Section 38-2F-2 - Definitions2.1. Act means the West Virginia Groundwater Protection Act, W. Va. Code § 22-12-1 et seq.2.2. Coal Mining Operation means any facility or activity which falls within the definition of "surface mine," "surface mining," or "surface mining operations" set forth in W. Va. Code §22-3-(3)(u).2.3. Contaminant means any material in a solid, liquid or gaseous state that has the potential to cause contamination.2.4. Contamination means any man-made or man-induced alteration of the chemical, physical, biological, or radiological integrity of the groundwater, resulting from activities regulated under this rule, in excess of existing groundwater quality, unless that activity or site has: (1) been exempted pursuant to subsection 5(h) of the Act; (2) has been granted a deviation or variance from existing quality as provided for in the Act; or (3) is subject to an order, permit, or other regulatory action that requires restoration or maintenance of groundwater quality at a different concentration level.2.5. Director means the Secretary of the Department of Environmental Protection or the Secretary authorized designee.2.6. Groundwater means the water occurring in the zone of saturation beneath the seasonal high water table, or any perched water zones.2.7. Impoundment means an area which is a natural topographic depression, man-made excavation, or diked area that is designed or improved in such a manner so as to hold an accumulation of contaminated surface runoff, process wastewater, product, or sewage, or any other liquid substance that could contaminate groundwater.2.8. Liner means a continuous layer of natural or man-made materials beneath and on the sides of an area which restricts the downward or lateral escape of contaminants.2.9. Permit means any license, certification, registration, permit, or any other approval granted by an agency authorized to regulate coal mining facilities or activities which may have an impact on groundwater.2.10. Practice means any action which is protective of groundwater.2.11. Secondary Containment means utilizing dikes, berms, synthetic or natural liner systems, double-walled containment vessels, or any combination thereof to prevent contaminants from accidentally discharging into the environment.2.12. Exempted coal mining operations means those operations subject to the exemption set forth in W. Va. Code, '22-12-5(h), and which are of an earth disturbing nature resulting from and directly related to coal extraction. Exempted coal mining operations include: coal and slurry impoundments; refuse areas and on-site haulways.