West Virginia Code of State Rules › Agency 22 - Forestry › Title 22 - LEGISLATIVE RULE DIVISION OF FORESTRY › Series 22-02 - Sediment Control During Commercial Timber-Harvesting Operations - Licensing › Section 22-2-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Best
				Management Practices" or "BMP's" -- means sediment control measures, structural
				or nonstructural, used singly or in combination, to reduce soil runoff from
				land disturbances associated with commercial timber harvesting and as are
				adopted from time to time by the director, upon recommendation of the BMP
				Committee specified in W. Va. Code §
									19-1B-7(h).
2.2. "Certified Logger" -- means an
				individual engaged in the business of severing trees for commercial purposes
				who has successfully completed the program prescribed by the director to ensure
				competency in the safe conduct of timbering operations, in first aid, and in
				the use of BMP's.
2.3. "Chief" --
				means the Director of the Division of Water and Waste Management of the
				Department of Environmental Protection or his or her agent.
2.4. "Commercial" -- means that which is done
				for a wage, fee, commission, agent or profit.
2.5. "Compliance Order" -- means a written
				order of the director specifying how a situation that is contributing, or has
				the potential to contribute, to soil erosion or water pollution, be corrected;
				and further specifying a reasonable and practical number of days in which the
				corrective action(s) must be taken.
2.6. "Conference Panel" -- means the entity
				comprised of those persons selected by the director and the chief, as specified
				in W. Va. Code §
									19-1B-11-a, and who, upon the
				request of an aggrieved person or upon petition of the chief, meet to affirm,
				modify or vacate orders of the director relating to commercial timber
				harvesting.
2.7. "Director" --
				means the director, also termed the state administrative forester, of the West
				Virginia Division of Forestry or his or her agent.
2.8. "Exempted Person" -- means a landowner
				who severs or removes, or hires or contracts with another to sever or remove
				standing trees from his or her own property having a gross sales value of
				$52,000 or less in any one calendar year; or anyone who is hired or contracted
				to sever or remove standing trees from the land of another having a gross sales
				value of $52,000 or less in any one calendar year.
2.9 "Gross Sales Value" means the entire
				amount of money received by an exemption holder for all wood products harvested
				from the operation(s) at their respective points of sale.
2.10. "Haul Road" -- means a road, other than
				roads built under an active permit to comply with other laws or regulations,
				constructed or used for the transportation of logs from a landing to a state
				road or highway.
2.11. "Landing" --
				means an area, integral to the logging operation, in or near a forest where
				logs are first accumulated and/or prepared for loading onto or into carriers
				for transportation to a wood-processing facility.
2.12. "License" -- means a document approved
				by the director and supplied, upon application, to any qualified person engaged
				in the conduct of timbering operations, or the purchase of timber for
				harvesting, or the purchase of logs for resale or some combination
				thereof.
2.13. "Log" -- means any
				portion of a tree which has been severed from the stump and delimbed.
2.14. "Log Buyer" -- means any person who
				buys and/or barters for logs and who then resells some or all of the
				logs.
2.15. "Notification of
				Timbering Operations" -- means supplying information about timbering operations
				to the director, at least 3 days prior to the commencement of operations, using
				a form designed and distributed by the director.
2.16. "Operator" -- means any person who
				conducts timbering operations.
2.17. "Person" -- means any individual or
				combination of individuals, partnership, corporation, company, society,
				association, firm, organization, or other business entity.
2.18. "Skid Road" -- means a road over which
				trees and logs are carried or dragged from the point where severed to a
				landing.
2.19 "Suspension Order" --
				means a written order of the director that suspends a timbering operator from
				further operations, a timbering operation, or any part of a timbering operation
				in any part of the state until the corrective action mandated in the compliance
				order has been completed.
2.20
				"Timber Buyer" -- means any person who buys and/or barters for standing or down
				timber to be used in the manufacture of wood products, including sales where
				the landowner is paid a percentage of the sale of logs produced from the
				standing timber.
2.21. "Timbering
				Operations" or the singular -- as defined in the W. Va. Code §
									19-1B-3(e),
				includes all aspects of logging, including but not limited to severing and
				delimbing of trees, cutting of the delimbed tree into logs either at the point
				of severing or at a landing, the preparation of any skid and haul roads and the
				skidding or otherwise moving of logs to landings.
2.22. "Water Pollution Control Act" -- means
				Article 11, Chapter 22, of the W. Va. Code or the successor citation.
2.23. "Wood Products" -- materials consisting
				of, or developed from, the use of the hard fiber substance which makes up the
				greater part of the trunks and limbs of trees, including but not limited to,
				logs, veneer, mine timbers, posts, poles, pulpwood, chips and bark
				mulch.