Current through Register Vol. XLI, No. 24, June 14, 2024
Section 47-2-2 - DefinitionsThe following definitions, in addition to those set forth in W. Va. Code § 22-11-3, shall apply to these rules unless otherwise specified herein, or unless the context in which used clearly requires a different meaning:
2.1. "Conventional treatment" is the treatment of water as approved by the West Virginia Bureau for Public Health to assure that the water is safe for human consumption.2.2. Lakes 2.2a. "Cool water lakes" are lentic water bodies that have a summer hydraulic residence time greater than 14 days, and are either managed by the West Virginia Division of Natural Resources for the support of cool water fish species or support cool water fish species, such as walleye and trout. "Cool water lakes" do not include those waters that receive stockings of trout, but that do not support year-round trout populations. (See, Appendix F for a representative list.)2.2.b. "Warm water lakes" are lentic water bodies that have a summer hydraulic residence time greater than 14 days, and are either managed by the West Virginia Division of Natural Resources for the support of warm water fish species or support warm water fish species, such as bass and catfish.2.3. "Cumulative" means a pollutant which increases in concentration in an organism by successive additions at different times or in different ways (bio-accumulation).2.4. "Designated uses" are those uses specified in water quality standards for each water or segment whether or not the uses are being attained. (See, sections 6.2 - 6.6, herein)2.5. "Dissolved metal" is that portion of metal which passes through a 0.45 micron filter.2.6. "Existing uses" are those uses actually attained in a water on or after November 28, 1975, whether or not those uses are included in the water quality standards.2.7. The "Federal Act" means the federal Clean Water Act (also known as the Federal Water Pollution Control Act) 33 U.S.C. §§ 1251 - 1387.2.8. "High quality waters" are those waters whose quality is equal to or better than the minimum levels necessary to achieve the national water quality goal uses.2.9. "Intermittent streams" are streams which have no flow during sustained periods of no precipitation and which do not support aquatic life whose life history requires residence in flowing waters for a continuous period of at least six (6) months. 2.10. "Outstanding national resource waters" are those waters whose unique character, ecological or recreational value or pristine nature constitutes a valuable national or State resource.2.11. "Natural" or "naturally occurring" values or "natural temperature" means, for all of the waters of the State: 2.11.a. Those water quality values which exist unaffected by, or unaffected as a consequence of, any water use by any person; and2.11.b. Those water quality values which exist unaffected by the discharge, or direct or indirect deposit of, any solid, liquid or gaseous substance from any point source or non-point source.2.12. "Non-point source" means any source other than a point source from which pollutants may reach the waters of the state.2.13. "Persistent" means a pollutant and its transformation products which, under natural conditions, degrade slowly in an aquatic environment.2.14. "Point source" means any discernible, confined, and discrete conveyance, including, but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock or vessel or other floating craft from which pollutants are or may be discharged. This term does not include agricultural stormwater discharges and return flows from irrigated agriculture.2.15. "Representative important species of aquatic life" means those species of aquatic life whose protection and propagation will assure the sustained presence of a balanced aquatic community. Such species are representative in the sense that maintenance of water quality criteria will assure both the natural completion of the species' life cycles and the overall protection and sustained propagation of the balanced aquatic community.2.16. "Secretary" means the Secretary of the Department of Environmental Protection or such other person to whom the Secretary has delegated authority or duties pursuant to W. Va. Code §§ 22-1-6 or 221-8.2.17. The "State Act" or "State Law" means the West Virginia Water Pollution Control Act, W. Va. Code § 22-11-1, et seq.2.18. "Total recoverable" refers to the digestion procedure for certain heavy metals as referenced in 40 CFR 136, as amended May 18, 2012, Guidelines Establishing Test Procedures for the Analysis of Pollutants Under the Clean Water Act.2.19. "Trout waters" are waters which sustain year-round trout populations. Excluded are those waters which receive annual stockings of trout but which do not support year-round trout populations.2.20. "Water quality criteria" means levels of parameters or stream conditions that are required to be maintained by this rule. Criteria may be expressed as a constituent concentration, levels, or narrative statement representing a quality of water that supports a designated use or uses.2.21. "Water quality standards" means the combination of water uses to be protected and the water quality criteria to be maintained by this rule.2.22. "Wetlands" are those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas.2.23. "Wet weather streams" are streams that flow only in direct response to precipitation or whose channels are at all times above the water table.