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 47-10 - National Pollutant Discharge System (NPDES) Program › Section 47-10-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
The definitions set forth in W. Va. Code '22-11-3 shall apply
				  to this series, 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 the Administrator's 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
				management practices, and pretreatment standards under ''301, 302, 303, 304,
				306, 307, 308, 403 and 405 of the CWA.
2.3. "Application" means the forms prescribed
				by the Director 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 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 the
				Code of Federal Regulations referenced throughout these rules that were
				effective as of July 1, 2009, unless otherwise noted.
2.7. "Clean Water Act" ("CWA") (formerly
				referred to as the Federal Water Pollution Control Act or the Federal Water
				Pollution Control Act Amendments of 1972) means Public Law 92-500, as amended
				by Public Law 95-217, Public Law 97-117 and Public Law 95-576 and codified at
				33 U.S.C. '1251 et seq.
2.8.
				"Construction activity" means clearing, grading, and excavation that result in
				a land disturbance of equal to or greater than one (1) acre in size.
				Construction activity also includes disturbance of less than one (1) acre total
				land area that is part of a large common plan of development or sale if the
				common plan will ultimately disturb equal to or greater than one (1) acre.
				Construction activity does not include routine maintenance that is performed to
				maintain the original line and grade, hydraulic capacity, or original purpose
				of the facility.
2.9. "Continuous
				discharge" means any discharge that occurs without interruption throughout the
				operating hours of the facility, except for infrequent shutdowns for
				maintenance, process changes, or other similar activities.
2.10. "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.
2.11. "Direct discharge" means
				the discharge of a pollutant.
2.12.
				"Director" means the director of the division of water and waste management
				(formerly the office of water resources) as designated by the secretary of the
				department of environmental protection.
2.13. "Discharge" when used without
				qualification means the discharge of a pollutant for purposes of this
				series.
2.14. "Discharge of a
				pollutant" means:
2.14.a. Any addition of any
				pollutant or combination of pollutants to waters of the State from any point
				source; and
2.14.b. This definition
				includes additions of pollutants into waters of the State from: surface runoff
				that is collected or channeled by man; storm water discharges from construction
				activity; storm water discharges from a municipal separate storm sewer system;
				discharges through pipes, sewers or other conveyances owned by the State, a
				municipality, or other person that do not lead to a treatment work; 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.