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 47-30 - WV/NPDES Rule for Coal Mining Facilities › Section 47-30-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
The definitions set forth in W. Va. Code §
									22-11-3
				  apply to this rule along with the following definitions, unless the context
				  clearly indicates otherwise.
2.1.
				"Administrator" means the administrator of the United States Environmental
				Protection Agency or an authorized representative of the
				administrator.
2.2. "Applicable
				Standards and Limitations" means all State, interstate, and federal standards
				and limitations to which a discharge or a related activity is subject under
				Clean Water Act (CWA) §§301, 302, 303, 304, 306, 307, 308, 403, and
				405 and Article 11 of Chapter 22 of the West Virginia Code, including effluent
				limitations, water quality standards, standards of performance, toxic effluent
				standards or prohibitions, best management practices, and pretreatment
				standards.
2.3. "Article 11" means
				the West Virginia Water Pollution Control Act, W. Va. Code §
									22-11-1,
				et seq.
2.4. "Average Monthly
				Discharge Limitation" means the highest allowable average of daily discharges
				over a calendar month, calculated as the sum of all daily discharges measured
				during a calendar month divided by the number of daily discharges measured
				during that month.
2.5. "Best
				Management Practices" or "BMPs" means schedules of activities, prohibitions of
				practices, maintenance procedures, and other management practices to prevent or
				reduce the pollution of waters of the State. BMPs may include treatment
				requirements, operating procedures, and practices to control plant site runoff,
				spillage or leaks, sludge or waste disposal or drainage from raw material
				storage.
2.6. "Best Professional
				Judgment" or "BPJ" means the Secretary's highest quality technical opinion
				forming the basis for the terms and conditions of the treatment level required
				after consideration of all reasonably available and pertinent data, including
				background water quality data. The treatment levels shall be established by the
				Secretary under the Clean Water Act (CWA) Sections 301 and 402.
2.7. "Clean Water Act" or "CWA" means Public
				Law 92-500, as amended by Public Law 95-217Public Law 95-576; 33 U.S.C.
				§1251, et seq. (formerly referred to as the Federal Water Pollution
				Control Act or Federal Water Pollution Control Act Amendments of
				1972).
2.8. "Continuous Discharge"
				means a discharge that occurs without interruption throughout the operating
				hours of the facility, except for infrequent shutdowns for maintenance, process
				changes, or other similar activities.
2.9. "Coal Mines and Preparation Plants and
				All Refuse and Waste Therefrom" means any point source covered under 40 C.F.R.
				Part 434 and any coal mine, coal preparation plant, coal preparation plant
				associated areas, refuse pile, coal waste pile or other related activity,
				including any related sewage treatment facilities and bath houses required to
				have a permit under CWA or Article 11, but excluding dredging operations or the
				extraction of coal incidental to the extraction of other minerals where coal
				does not exceed sixteen and two-thirds percent (162/3%) of the tonnage of
				minerals removed for purposes of commercial use or sale.
2.10. "Coal Mine" or "Mine" means the area,
				and any related structures, on and beneath land used or disturbed in activity
				related to the extraction, removal or recovery of coal.
2.11. "Coal Preparation Plant" means a
				facility where coal is subjected to cleaning, concentrating, or other
				processing or preparation in order to separate coal from its impurities and is
				loaded for transit to a consuming facility.
2.12. "Coal Preparation Plant Associated
				Areas" means the coal preparation plant yards, immediate access roads, coal
				refuse piles, tipples, loadouts, and coal storage piles and
				facilities.
2.13. "Coal Remining
				Operation" means a coal mining operation at a site on which coal mining was
				previously conducted and where the site has been abandoned or the performance
				bond has been forfeited.
2.14.
				"Daily Discharge" means the discharge of a pollutant measured during a calendar
				day or within any specified period that reasonably represents the calendar day
				for purposes of sampling. For pollutants with limitations expressed in units of
				mass, the daily discharge is calculated as the total mass of the pollutant
				discharged over the day. For pollutants with limitations expressed in other
				units of measurement, the daily discharge is calculated as the average
				measurement of the pollutant over the day.
2.15. "Discharge" means, when used without
				qualification, the discharge of a pollutant.
2.16. "Discharge of a Pollutant" means:
2.16.a. Any addition of any pollutant or
				combination of pollutants to waters of the State from any point source;
				and
2.16.b. Additions of pollutants
				into waters of the State from: surface runoff that is collected or channeled by
				man; discharges through pipes, other conveyances owned by a person that do not
				lead to a treatment works; and discharges through pipes, sewers or other
				conveyances leading into privately owned treatment works. This term does not
				include an addition of pollutants by any indirect discharger.