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 47-58 - Ground Water Protection Regulations › Section 47-58-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Contaminant"
				means any material in a solid, liquid or gaseous state that has the potential
				to cause contamination.
2.2.
				"Contamination" means any man made or man induced alteration of the chemical,
				physical, or biological, integrity of the groundwater, resulting from
				activities regulated under this rule, in excess of existing groundwater
				quality, unless that site has been granted a deviation or variance from
				existing quality as provided for in the West Virginia Ground­water
				Protection Act, or is subject to an order, permit, or other regulatory action
				that requires restoration or maintenance of groundwater quality at a different
				concentration or level.
2.3.
				"Director" means the director of the Division of Environmental Protection of
				the Bureau of Environment or his or her authorized designee.
2.4. "Existing Facility" for the purpose of
				this regulation means any facility and/or activity which was in operation prior
				to the effective date of this rule or which does not meet the definition of a
				new facility.
2.5. "Groundwater"
				means the water occurring in the zone of saturation beneath the seasonal high
				water table, or any perched water zones.
2.6. "Impoundment" means an area which is a
				natural topographic depression, man-made excavation, or diked area that is
				designed or improved in such a manner so as to hold an accumulation of
				contaminated surface runoff, process wastewater, product, or sewage, or any
				other liquid substance that could impact groundwater, but does not include any
				area used for secondary containment.
2.7. "Industrial Establishment" means any
				mill, factory, tannery, paper or pulp mill, mine, colliery, breaker or mineral
				processing operation, quarry, refinery, electric power generating facility,
				well, and each and every industry or plant or works, or activity in the
				operation or process of which industrial wastes, sewage, or other wastes are
				produced. Furthermore, any facility or activity not set forth above may be
				subject to any or all of the requirements of this rule at the director's
				discretion pursuant to section 5 of this rule. This definition does not include
				private or publicly owned sewage treatment operations.
2.8. "Liner" means a continuous layer of
				natural or man-made materials, beneath and on the sides of an area, which
				restricts the downward or lateral escape of contaminants.
2.9. "New Facility" for the purpose of this
				rule means any facility and/or activity which begins construction one hundred
				eighty (180) days or more after the effective date of this rule.
2.10. "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.
2.11. "Practice" means
				any action which is protective of groundwater.
2.12. "Runoff/Infiltration Control System"
				means any system which is designed to prevent contamination of groundwater from
				any materials stored in an outside material storage area, by either prohibiting
				stormwater from contacting the material, or by intercepting and properly
				disposing of stormwater which has become contaminated due to contact with the
				material.
2.13. "Secondary
				Containment" means utilizing dikes, berms, synthetic or natural liner systems,
				double walled containment vessels, or any combination thereof to prevent
				contaminants from accidentally discharging into the environment.