Current through Register Vol. XLI, No. 24, June 14, 2024
Section 47-26-2 - Definitions2.1. "Activity" means an activity for which a permit is required pursuant to the provisions of W. Va. Code § 22-11-8.2.2. "Average Discharge Volume" or "ADV" means:2.2.1. For a State water pollution control permit, the flow reported on the permit application.2.2.2. For a national pollutant discharge elimination system permit for industrial wastes or for other wastes, the sum of the average flows reported on the permit application, as described in 47CSR10, paragraph 4.4.b.3.2.2.3. For a national pollutant discharge elimination system permit for sewage, the design flow reported on the permit application.2.3. "Closed System Facility" means a facility that is required by effluent limitation guidelines or other statutory or regulatory mandates to maintain no discharge or to maintain a recycle system or that otherwise maintains a closed system.2.4. "Customer" means a person who is provided wastewater disposal services from a facility permitted under W. Va. Code § 22-11-8. For the purpose of this rule, commercial customers and residential customers other than single family dwellings (e.g., apartment complexes, trailer parks) shall be translated into customer equivalents by dividing their total daily estimated volume of wastewater by three hundred fifty gallons per day (350 gpd).2.5. "Director" means the Director of the Division of Water and Waste Management (formerly the Office of Water Resources) of the Department of Environmental Protection, as designated by the Secretary thereof.2.6. "Existing Facility" means a facility for which a State water pollution control permit or a national pollutant discharge elimination system permit has been previously issued by the Director.2.7. "Facility" means any plant, means, system, disposal field, lagoon, pumping station, constructed drainage ditch, surface water intercepting ditch, diversion ditch above or below the surface of the ground, settling tank or pond, earthen pit, incinerator, solid waste facility, or other works that is installed for the purpose of treating, neutralizing, stabilizing, holding, disposing, or controlling the quality and rate of flow of sewage, industrial wastes, or other wastes.2.8. "Industrial Wastes" means any liquid, gaseous, solid, or other waste substance, or a combination thereof, resulting from or incidental to any process of industry, manufacturing, trade, or business, or from or incidental to the development, processing, or recovery of any natural resources. The term "industrial wastes" includes the admixture of industrial wastes with sewage or other wastes.2.9. "Major Facility" means a facility or activity classified as a major facility by the Regional Administrator of the United States Environmental Protection Agency for Region III in joint consultation with the Director. 2.10. "Major Modification" means a modification of an issued permit made in accordance with the provisions of 47CSR10, subdivision 9.2.b.2.11. "Minor Construction Activity" means any activity which disturbs an area equal to or greater than one acre of land but less than three acres.2.12. "Minor Modification" means a modification of an issued permit made in accordance with the provisions of 47CSR10, subdivision 9.2.a.2.13. "Minor POTW" means a POTW that is not a major facility.2.14. "New Facility" means a facility for which a State water pollution control permit or a national pollutant discharge elimination system permit has not been issued previously by the Director. This definition includes a new entity at a site for which a previous entity may have held a water pollution control permit or a national pollutant discharge elimination system permit.2.15. "Other Wastes" means garbage; refuse; decayed wood, sawdust, shavings, bark and other wood debris and residues resulting from secondary processing; sand; lime; cinders; ashes; offal; night soil; silt; oil; tar; dyestuffs; acids; chemicals; heat; and all other materials and substances that are not, by definition, sewage or industrial wastes which may cause or might reasonably be expected to cause or to contribute to the pollution of any of the waters of the State.2.16. "Permit" means a State water pollution control permit or a national pollutant discharge elimination system permit issued by the Director.2.17. "Person" means: 2.17.1. Any industrial user, public or private corporation, institution, association, firm, or company organized or existing under the laws of this or any other state or country;2.17.2. The State of West Virginia;2.17.3. Any governmental agency, including federal facilities;2.17.4. Any political subdivision of this State, including a county commission, municipality, sanitary district, public service district, drainage district, soil conservation district, or watershed improvement district;2.17.5. Any partnership, trust, or estate;2.17.6. Any person or individual;2.17.7. Any group of persons or individuals acting individually or as a group; or2.17.8. Any other legal entity.2.18. "Primary Industrial Category" means any industry category listed in Appendix A of 40 C.F.R. Part 122.2.19. "Priority Pollutant" means any substance listed in 40 C.F.R. §401.15.2.20. "Publicly-Owned Treatment Works" or "POTW" means any device or system used in the treatment (including recycling and reclamation) of municipal sewage or industrial wastes of a liquid nature which is owned by a state or municipality as defined by §502(4) of the Clean Water Act at 33 U.S.C. §1251, et seq. This definition includes sewers, pipes or other conveyances only if they convey wastewater to a POTW providing treatment.2.21. "Secondary Industrial Category" means any industry category not listed in Appendix A of 40 C.F.R. Part 122.2.22. "Sewage" means water-carried human or animal wastes from residences, buildings, industrial establishments, or other places together with such groundwater infiltration and surface waters as may be present.2.23. "Solid Waste Facility" means any system, facility, land, contiguous land, improvements on the land, structures, or other appurtenances or methods used for processing, recycling, or disposing of solid waste including landfills, transfer stations, incinerators, resource recovery facilities, recycling facilities, and other such facilities not herein specified; provided, that a "Closed Solid Waste Facility" shall mean a 'solid waste facility' as defined herein which no longer accepts solid waste for disposal, but must still maintain a permit.2.24. "Toxic Chemical" means: 2.24.1. Any substance listed in Table III, Appendix C of 47CSR10;2.24.2. Any substance listed in Table V, Appendix C of 47CSR10;2.24.3. Any substance listed in 40 C.F.R. §116.4;2.24.4. Any substance listed in 40 C.F.R. §302.4;2.24.5. Any substance listed in 40 C.F.R. §372.65;2.24.6. Any substance listed in 40 C.F.R. § 712.30 or 40 C.F.R. § 716.120; or2.24.7. Any substance for which replicated test data exist to indicate that exposure to that substance poses a risk of injury to human health or the environment.