Current through Register Vol. XLI, No. 24, June 14, 2024
Section 47-58-2 - Definitions2.1. "Contaminant" means any material in a solid, liquid or gaseous state that has the potential to cause contamination.2.2. "Contamination" means any man made or man induced alteration of the chemical, physical, or biological, integrity of the groundwater, resulting from activities regulated under this rule, in excess of existing groundwater quality, unless that site has been granted a deviation or variance from existing quality as provided for in the West Virginia Groundwater Protection Act, or is subject to an order, permit, or other regulatory action that requires restoration or maintenance of groundwater quality at a different concentration or level.2.3. "Director" means the director of the Division of Environmental Protection of the Bureau of Environment or his or her authorized designee.2.4. "Existing Facility" for the purpose of this regulation means any facility and/or activity which was in operation prior to the effective date of this rule or which does not meet the definition of a new facility.2.5. "Groundwater" means the water occurring in the zone of saturation beneath the seasonal high water table, or any perched water zones.2.6. "Impoundment" means an area which is a natural topographic depression, man-made excavation, or diked area that is designed or improved in such a manner so as to hold an accumulation of contaminated surface runoff, process wastewater, product, or sewage, or any other liquid substance that could impact groundwater, but does not include any area used for secondary containment.2.7. "Industrial Establishment" means any mill, factory, tannery, paper or pulp mill, mine, colliery, breaker or mineral processing operation, quarry, refinery, electric power generating facility, well, and each and every industry or plant or works, or activity in the operation or process of which industrial wastes, sewage, or other wastes are produced. Furthermore, any facility or activity not set forth above may be subject to any or all of the requirements of this rule at the director's discretion pursuant to section 5 of this rule. This definition does not include private or publicly owned sewage treatment operations.2.8. "Liner" means a continuous layer of natural or man-made materials, beneath and on the sides of an area, which restricts the downward or lateral escape of contaminants.2.9. "New Facility" for the purpose of this rule means any facility and/or activity which begins construction one hundred eighty (180) days or more after the effective date of this rule. 2.10. "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.2.11. "Practice" means any action which is protective of groundwater.2.12. "Runoff/Infiltration Control System" means any system which is designed to prevent contamination of groundwater from any materials stored in an outside material storage area, by either prohibiting stormwater from contacting the material, or by intercepting and properly disposing of stormwater which has become contaminated due to contact with the material.2.13. "Secondary Containment" means utilizing dikes, berms, synthetic or natural liner systems, double walled containment vessels, or any combination thereof to prevent contaminants from accidentally discharging into the environment.