Current through Register Vol. XLI, No. 24, June 14, 2024
Section 47-57-2 - DefinitionsThe definitions set forth in W. Va. Code,'22-12-3 shall apply to this series along with the following definitions unless the context clearly indicates otherwise.
2.1. "Act" means the West Virginia Groundwater Protection Act, W. Va. Code '22-12-1 et seq.2.2. "Agency" means any branch, section, division, department or unit of the state, county or local government, however designated or constituted, which has the authority pursuant to W. Va. Code '22-12-1 et seq. to regulate facilities or activities which have the potential for adversely impacting groundwater.2.3. "Agency action" means the issuance, renewal or denial of any permit, license or other required agency approval, or any terms or conditions thereof, or any order or other directive issued by the division of environmental protection, division of health, department of agriculture or any other agency of the state or a political subdivision to the extent that such action relates directly to the implementation, administration or enforcement of the Act.2.4. "Class of sources" means a group of sources which engage in similar types of activities and release, or have the potential to release, similar types of pollutants to the groundwater.2.5. "Constituent" means any chemical, or biological substance found in groundwater due to either natural or man-made conditions.2.6. "Deviation" means an action of the Director relieving a single source or class of sources, for one or more specific constituents, of the requirement to maintain and protect groundwater at existing quality, where existing quality is better than that required to maintain and protect applicable groundwater quality standards.2.7. "Director" means the Director of the Division of Environmental Protection of the Bureau of Environment.2.8. "Existing quality limits" means the existing quality of groundwater that is better than groundwater quality standards and which must be maintained and protected pursuant to section 5(e) of the Act.2.9. "Groundwater" means the water occurring in the zone of saturation beneath the seasonal high water table, or any perched water zones. 2.10. "Groundwater quality standards" means the standards of purity and quality for groundwater of the state promulgated by the Environmental Quality Board pursuant to section 4 of the Act.2.11. "Preventative action limit" means a numerical value expressing the concentration of a substance in groundwater that, if exceeded, shall cause action to be taken to assure that standards of purity and quality of groundwater are not violated.2.12. "Release" means any act or omission that results in the spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping or disposing of materials or contaminants in a manner that has caused or is reasonably likely to cause the entry of a constituent to groundwater.2.13. "Source" means any facility or activity which has caused a release or is reasonably likely to cause a release.2.14. "Variance" means a legislative rule modifying groundwater quality standards or preventative action limits, or both, for a source or class of sources, for one or more specific constituents.