Current through Register Vol. XLI, No. 24, June 14, 2024
Section 47-65-2 - Definitions2.1. This Rule hereby incorporates by reference the definitions of all terms as contained in the Aboveground Storage Tank Act, W. Va. Code § 22-30-3, and the Aboveground Storage Tank Rule, 47 CSR 63. In addition, for the purpose of this Rule, the following definitions apply:2.2. "Administrative proceedings" means those proceedings undertaken pursuant to this Rule by the Secretary upon the Secretary's decision to attempt to resolve alleged violations of the Aboveground Storage Tank Act and its Rules.2.3. "Base penalty" means that amount assessed for a violation of the Act or its Rules based solely upon the extent of the deviation from the Act and the potential for harm to the public or the environment resulting from the violation.2.4. "Responsible party" may be an owner, operator, permittee or any person alleged to have violated the Act or its Rules.