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 47-55 - Groundwater Act Fee Schedule (97 tech cleanup) › Section 47-55-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Agency" means
				any branch, section, division, department or unit of the state, county or local
				government however designated or constituted which has authority under W. Va.
				Code '22-12-1 et seq. to
				regulate facilities, or activities which have the potential for impacting
				groundwater.
2.2. "Chief" means the
				chief of the office of water resources of the division of environmental
				protection.
2.3. "Class (A through
				F) landfill" means any landfill Class A through F as defined in Solid Waste
				Management rule 33CSR1.
2.4.
				"Director" means the director of the Division of Environmental Protection,
				unless otherwise specified in this rule.
2.5. "Generator" means any generator as
				defined in W. Va. Code '22-19-1 et.
				seq.
2.6. "Groundwater" means the
				water occurring in the zone of saturation beneath the seasonal high water
				table, or any perched water zones.
2.7. "Groundwater Certification" means an
				assurance issued by the director of the division of environmental protection
				that a permit or other approval issued by a state, county, or local government
				body regarding an activity that affects or is reasonably anticipated to affect
				groundwater complies with all requirements of W. Va. Code '22-12-1 et. seq., and
				the legislative rules promulgated pursuant to that chapter in accordance with
				W. Va. Code '29A-1-1
				et seq. and any other requirements of state law, rules or agreements regarding
				groundwater.
2.8. "Groundwater
				protection fund" is the fund established by W. Va. '22-12-9(c)(1).
2.9. "Hazardous waste" means any hazardous
				waste as defined in subdivision 3.1.c of the division of environmental
				protection's hazardous waste management rule, 33CSR20.
2.10. "Injection well (Class 1 through 5)"
				means any injection well, Class 1 through 5, as defined in Regulations for the
				West Virginia Underground Injection Control Program; Underground Injection
				Control Fee Schedule, 46 C.S.R. 9.
2.11. "Major facility" means any facility as
				defined in subsection 2.24 of the State-National Pollutant Discharge
				Elimination System rules; Rules Governing The State National Pollutant
				Discharge Elimination System (NPDES) Program, 47CSR10.
2.12. "Monitoring well driller" means the
				individual operating the drilling rig when drilling, altering or abandoning
				(i.e., properly closing) a monitoring well(s).
2.13. "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.
2.14. "Person" means
				any industrial user, public or private corporation, institution, association,
				firm or company organized or existing under the laws of this or any other state
				or country; state of West Virginia; governmental agency, including federal
				facilities; political subdivision; county commission; municipal corporation;
				industry; sanitary district; public service district; soil conservation
				district; watershed improvement district; partnership; trust; estate; person or
				individual; group of persons or individuals acting individually or as a group;
				or any legal entity whatever.
2.15.
				"Pesticide" means any substance or mixture of substances intended for
				preventing, destroying, repelling, or mitigating any undesirable insects,
				rodents, nematodes, fungi, weeds, or other organisms which the commissioner of
				agriculture may declare to be a pest, and any substances intended for use as a
				plant regulator, defoliant, desiccant or herbicide, except viruses on or in
				living man or other living animals.
2.16. "Publicly owned treatment works" or
				"POTW" means any device or system used in the treatment (including recycling
				and reclamation) of municipal sewage or industrial wastes of a liquid nature
				which is owned by a state or municipality as defined by Section 502(4) of the
				Federal Pollution Control Act, ( PL 92-500 ) as amended by the Clean Water Act
				( PL 95-217 ). This definition includes sewers, pipes, or other conveyances
				only if they convey wastewater to a POTW providing treatment.
2.17. "Solid waste" means any solid waste as
				defined in W. Va. Code '22-15-2(27).