West Virginia Code of State Rules › Agency 22 - Forestry › Title 22 - LEGISLATIVE RULE DIVISION OF FORESTRY › Series 22-03 - Sediment Control During Commercial Timber-Harvesting Operations - Logger Certification › Section 22-3-2 - 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. "Chief" -- means the Director of the
				Division of Water and Waste Management of the Department of Environmental
				Protection or his or her agent.
2.3. "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.
2.4. "Certified
				Logger Supervising" -- means at an active timbering operation the certified
				logger shall be physically present to observe and supervise the work and
				performance of logging crew personnel while engaged in logging activities,
				including the severing and delimbing of trees, the cutting of delimbed trees
				into logs, the preparation of any skid and haul roads and installation of BMP's
				and administering first aid procedures.
2.5. "Commercial" -- means that which is done
				for a wage, fee, commission, agent or profit.
2.6. "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.
2.7. "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.
2.8. "Director"
				-- means the director, also termed the state administrative forester, of the
				West Virginia Division of Forestry or his or her agent.
2.9. "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.
2.10. "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.
2.11. "Logger Certification" -- means the
				issuance of a numbered certificate and a wallet-sized photo identification card
				to individuals successfully completing a regularly scheduled program of
				education, training and examination prescribed by the director in the safe
				conduct of timbering operations, in first aid procedures, and in the use of
				best management practices.
2.12.
				"Skid Road" -- means a road over which trees and logs are carried or dragged
				from the point where severed to a landing.
2.13. "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.
2.14. "Water Pollution Control Act" -- means
				Article 11, Chapter 22, of the W. Va. Code or the successor citation.