West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-06B - Primary And Secondary Containment Of Fertilizers › Section 61-6B-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Abandoned
				container" means a storage container or other container used at a storage
				facility to hold fluid bulk fertilizer or fertilizer rinsate that has been out
				of service for more than six (6) months because of a weakness or leak, or has
				been out of service for any reason for more than two (2) years and no integrity
				test has been performed.
2.2.
				"Approved" means approval by the commissioner except where otherwise
				stated.
2.3. "Aqua ammonia" means
				an aqueous solution of anhydrous ammonia generally containing from eighteen
				(18%) to thirty (30%) percent of ammonia (NH3) by weight
				and having a vapor pressure usually varying from 0 to 10 psig at 104 degrees
				F.
2.4. "Commissioner" means the
				Commissioner of the West Virginia Department of Agriculture or his appointed
				agent.
2.5. "Discharge" means a
				release outside the secondary containment area of fluid fertilizer in a
				quantity exceeding fifty-five (55) U.S. gallons and/or of dry bulk fertilizer
				in a quantity exceeding two hundred (200) pounds, unless otherwise specified in
				The Superfund Amendments and Reauthorization Act (SARA),
				42
				U.S.C. 9601, Title III Emergency Planning and
				Community Right-to-Know provisions. The term discharge does not include the
				normal loading and transportation of fertilizers from the facility or the
				lawful distribution use, disposal or application of fertilizers.
2.6. "Dry bulk fertilizer" means nonfluid
				fertilizer in nonpackaged form.
2.7. "Elephant ring" means a storage
				container with open top serving as a secondary containment vessel into which a
				smaller primary storage container(s) is placed.
2.8. "Fertilizer" means any substance
				containing one or more recognized plant nutrients which is used for its plant
				nutrient content and which is designed for use or claimed to have value in
				promoting plant growth, except unmanipulated animal and vegetable manures,
				marl, lime, limestone, wood ashes, gypsum and other products exempted by
				regulation of the commissioner.
2.9. "Field operations" means the application
				of fertilizer to soil or plants in the course of normal agricultural or
				horticultural practice.
2.10.
				"Fluid bulk fertilizer" means fluid fertilizer in an undivided quantity
				exceeding fifty-five (55) gallons.
2.11. "Fluid fertilizer" means fertilizer in
				fluid form, and includes solutions, emulsions,
suspensions and slurries. "Fluid fertilizer" does not include
				  anhydrous ammonia.
2.12.
				"Load or loading" means the transfer of bulk fertilizer from the storage
				facility to transport vehicles, application equipment, or mobile containers,
				unless the use of the word in the context means otherwise.
2.13. "Low pressure nitrogen solutions" means
				an aqueous solution of ammonium nitrate and/or urea and/or other nitrogen
				carriers, containing various quantities of free ammonia exceeding two percent
				(2%) by weight. Aqua ammonia and non-pressure nitrogen solutions commonly
				referred to as twenty-eight (28%),thirty (30%), or thirty-two (32%) percent
				nitrogen solutions are excluded from this definition.
2.14. "Operational area" means an area or
				areas at a fertilizer storage facility where fertilizers are transferred,
				loaded, unloaded, mixed, or where fertilizers are cleaned or washed from
				application equipment, storage containers, or transportation
				equipment.
2.15. "Operational area
				containment" means any structure or system designed and constructed to
				intercept and contain operational spills, including container or equipment wash
				water and rainwater, and to prevent runoff or leaching from a storage
				facility.
2.16. "Operator" means
				any person who is responsible for the transferring, loading, unloading, mixing
				and/or storing of fertilizers and may include an owner, operator or
				manager.
2.17. "Person" means an
				individual, partnership, association, firm or corporation.
2.18. "Primary containment" means the storage
				of fluid or dry bulk fertilizer in storage containers at a storage
				facility.
2.19. "Roofed" means
				protected from precipitation and any subsequent drainage.
2.20. "Secondary containment" means any
				structure used to contain product spills from primary storage containers and
				prevent runoff or leaching.
2.21.
				"Storage container" means:
2.21.1. a container
				used for the storage of fluid or dry bulk fertilizer; or
2.21.2. a rail car, nurse tank, or other
				mobile container used for the storage of fluid bulk or dry fertilizer; but does
				not include
a. a mobile container storing
				fluid bulk or dry fertilizer at a storage facility for less than fifteen (15)
				days, if this storage is incidental to the loading or unloading of a storage
				container at the storage facility,
b. a mobile container located on property not
				owned, operated or controlled by an operator of a storage facility, nor
c. a container used solely for
				short-term emergency storage of leaking fertilizer containers.