West Virginia Code of State Rules › Agency 46 - Coal Mine Health And Safety › Title 46 - PROCEDURAL RULE ENVIRONMENTAL QUALITY BOARD › Series 46-02 - Rules governing The State National Pollutant Discharge Elimination System Program › Section 46-2-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
The definitions set forth in Chapter 20, Article 5A, Section
				  2, of the Code of West Virginia shall apply to this series along with the
				  following definitions unless the contest clearly indicates otherwise.
2.1. "Administrator" means the Administrator
				of the United States Environmental Protection Agency, or an authorized
				representative.
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 the
				Clean Water Act (CWA) and the State Act, including effluent limitations, water
				quality standards, standards of performance, toxic effluent standards or
				prohibitions, best managent practices, and pretreatment standards under
				Sections 301, 302, 303, 304, 306, 307, 308, 403 and 405 of CWA.
2.3. "Application" means the forms prescribed
				by the Chief and approved by EPA for applying for a permit or permit
				modification, including any additions, revisions or modifications to the
				forms.
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" ("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 also 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.
"C.F.R."
				means Code of Federal Regulations and includes those applicable portions of   40
				CFR 125,   136, etc. referenced throughout these rules effective July 1, 1991
				unless otherwise noted
.
2.7. "Clean Water Act" ("CWA") (formerly
				referred to as the Federal Water Pollution Control Act or Federal Water
				Pollution Control Act Amendments of 1972)  Public Law 92-500, as amended by
				 Public Law 95-217,  Public Law 97-117,
Public Law 100-4
and  Public Law 95-576;  33
				U.S.C. 1251
et
seq
.
2.8.
				"Continuous Discharge" means a discharge which occurs without interruption
				throughout the operating hours of the facility, except for infrequent shutdowns
				for maintenance, process changes, or other similar activities.
2.9. "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.
2.10. "Direct Discharge" means the discharge
				of a pollutant.
2.11. "Discharge"
				when used without qualification means the discharge of a pollutant for purposes
				of this series.
2.12. "Discharge of
				a Pollutant" means:
a. Any addition of any
				pollutant or combination of pollutants to waters of the State from any point
				source;
b. This definition includes
				additions of pollutants into waters of the State from: surface runoff which is
				collected or channelled by man; discharges through pipes, sewers or other
				conveyances owned by the state, a municipality, or other person which 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.