West Virginia Code of State Rules › Agency 47 - Water Resources, Division Of Water And Waste Management › Title 47 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESOURCES › Series 47-57 - Ground Water Quality Standard Variances (See 1st Pub. Hear. 08/09/93) › Section 47-57-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
The 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.