Current through Register Vol. XLI, No. 24, June 14, 2024
Section 47-56-2 - Definitions2.1. "Act" means the West Virginia Groundwater Protection Act (W. Va. Code § 22-12-1, et seq.).2.2. "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 is prohibited from being the Assessment Officer for the facility in question.2.3. "Civil Administrative Penalty Referral" means a written document that shall include the observations made by the inspector relative to the seriousness of the alleged violation, any good faith efforts made to comply with applicable requirements, as well as any other appropriate factors established by this rule, and any other pertinent information or factors that have bearing on the referral.2.4. "Inspector" means an authorized representative of the Secretary who as a normal function of his or her responsibilities conducts inspections, takes samples, or determines compliance with applicable statutes, rules, orders, or permit conditions of facilities or activities regulated under the Act.2.5. "Notice of Civil Administrative Penalty" means a written notification provided to a violator by the assessment officer, by means of certified mail or personal service, assessing a civil administrative penalty. A notice of civil administrative penalty shall include: 2.5.a. A reference to the section of the statute, rule, order, or permit condition allegedly violated;2.5.b. A concise statement of the facts alleged to constitute the violation;2.5.c. A statement of the amount of the initial civil administrative penalty to be imposed; and2.5.d. A statement of the alleged violator's right to an informal hearing.2.6. "Notice of Dismissal" means a written notification provided to a violator by the assessment officer or the Secretary by means of certified mail or personal service, dismissing and vacating the enforcement action. A notice of dismissal may be issued at any time during the proceedings.2.7. "Notice of Violation" means a written notification provided to an alleged violator by the inspector.2.8. "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 subdivisions; 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.2.9. "Secretary" means the Secretary of the West Virginia Department of Environmental Protection or his or her authorized representative. 2.10. "Violator" means the person who is alleged to have violated the Act, or any rule, order, or permit condition imposed pursuant to the Act.2.11. "Written Decision" means a written decision furnished to the violator concerning the Secretary's final decision regarding the assessment of a civil administrative penalty and the reasons for the decision.