Current through Register Vol. XLI, No. 24, June 14, 2024
Section 47-55-2 - Definitions2.1. "Agency" means any branch, section, division, department or unit of the state, county or local government however designated or constituted which has authority under W. Va. Code '22-12-1 et seq. to regulate facilities, or activities which have the potential for impacting groundwater.2.2. "Chief" means the chief of the office of water resources of the division of environmental protection.2.3. "Class (A through F) landfill" means any landfill Class A through F as defined in Solid Waste Management rule 33CSR1.2.4. "Director" means the director of the Division of Environmental Protection, unless otherwise specified in this rule.2.5. "Generator" means any generator as defined in W. Va. Code '22-19-1 et. seq.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. "Groundwater Certification" means an assurance issued by the director of the division of environmental protection that a permit or other approval issued by a state, county, or local government body regarding an activity that affects or is reasonably anticipated to affect groundwater complies with all requirements of W. Va. Code '22-12-1 et. seq., and the legislative rules promulgated pursuant to that chapter in accordance with W. Va. Code '29A-1-1 et seq. and any other requirements of state law, rules or agreements regarding groundwater.2.8. "Groundwater protection fund" is the fund established by W. Va. '22-12-9(c)(1).2.9. "Hazardous waste" means any hazardous waste as defined in subdivision 3.1.c of the division of environmental protection's hazardous waste management rule, 33CSR20. 2.10. "Injection well (Class 1 through 5)" means any injection well, Class 1 through 5, as defined in Regulations for the West Virginia Underground Injection Control Program; Underground Injection Control Fee Schedule, 46 C.S.R. 9.2.11. "Major facility" means any facility as defined in subsection 2.24 of the State-National Pollutant Discharge Elimination System rules; Rules Governing The State National Pollutant Discharge Elimination System (NPDES) Program, 47CSR10.2.12. "Monitoring well driller" means the individual operating the drilling rig when drilling, altering or abandoning (i.e., properly closing) a monitoring well(s).2.13. "Permit" means any license, certification, registration, permit, or any other approval granted by an agency authorized to regulate facilities, or activities, which may have an impact on groundwater.2.14. "Person" means 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; state of West Virginia; governmental agency, including federal facilities; political subdivision; county commission; municipal corporation; industry; sanitary district; public service district; soil conservation district; watershed improvement district; partnership; trust; estate; person or individual; group of persons or individuals acting individually or as a group; or any legal entity whatever.2.15. "Pesticide" means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any undesirable insects, rodents, nematodes, fungi, weeds, or other organisms which the commissioner of agriculture may declare to be a pest, and any substances intended for use as a plant regulator, defoliant, desiccant or herbicide, except viruses on or in living man or other living animals.2.16. "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 Section 502(4) of the Federal Pollution Control Act, ( PL 92-500 ) as amended by the Clean Water Act ( PL 95-217 ). This definition includes sewers, pipes, or other conveyances only if they convey wastewater to a POTW providing treatment.2.17. "Solid waste" means any solid waste as defined in W. Va. Code '22-15-2(27).