W. Va. Code R. § 47-30B-2

Current through Register Vol. XLI, No. 24, June 14, 2024

Section 47-30B-2 - Definitions

2.1. This rule hereby incorporates by reference the definitions of all terms as contained in the Act at W. Va. Code § 22-11-3 and in the WV/NPDES Rule for Coal Mining Facilities, 47 CSR 30 ("the Mining NPDES Rule").

2.2. "Administrative proceedings" means those proceedings undertaken pursuant to this rule by the Secretary upon his or her decision to attempt to resolve alleged violations of the Act and the Mining NPDES Rule.

2.3. "Assessment officer" means a person appointed by the Secretary to carry out the review, assessment, and hearing procedures outlined in this rule. Any person(s) initiating the notice of violation that resulted in the proposed civil administrative penalty is prohibited from being the assessment officer for the violation in question.

2.4. "Base penalty" means that amount assessed for a violation of the Act or the Mining NPDES Rule based solely upon the extent of the permittee's deviation therefrom and the potential for harm to human health or the environment resulting from the violation.

2.5. "Responsible party" means the permittee or any person alleged to have violated the Act or the Mining NPDES Rule.

2.6. "Toxicity" means the degree to which any substance is potentially harmful to human health or the environment.

2.7. "Secretary" means the Secretary of the Department of Environmental Protection or his or her designee.

W. Va. Code R. § 47-30B-2