Current through Register Vol. XLI, No. 45, November 8, 2024
Section 60-8-2 - DefinitionsUnless the context in which used clearly requires a different meaning, the definitions contained in W. Va. Code § 22-25-3 will apply to the terms in this rule in addition to the definitions expressly set forth in this rule.
2.1. "Applicant" means an individual or entity who has fulfilled the department's requirements to be considered for admission (including payment of the application fee, if any) and who has been notified of one of the following actions: admission, non-admission, or application withdrawn (by applicant or department).2.2. "Capital Improvement Project" means a project that helps maintain and/or improve an asset to be included in the capital budget, designed to reduce discharges and/or emissions from the facility below the environmental performance baseline for the specified discharges and/or emissions, and/or promotes sustainability, that is: 2.2.a. New construction, expansion, renovation, and/or a replacement project for an existing facility or facilities and must have a total cost of at least $10,000.00, in cash and/or in-kind contributions that are realized in goods, commodities, and/or services, etc., over the life of the project, and may include the cost of land, engineering, architectural planning, and contract services needed to complete the project; and/or,2.2.b. Purchase of major equipment (assets) costing $50,000.00 or more, in cash and/or in-kind contributions that are realized in goods, commodities, and/or services, etc., with a useful life of at least 10 years; and/or,2.2.c. Major maintenance or rehabilitation project for existing facilities with a cost of $10,000.00 or more, in cash and/or in-kind contributions that are realized in goods, commodities, and/or services, etc., and an economic life of at least 10 years; and/or,2.2.d. Sustainability project costing $10,000.00 or more, in cash and/or in-kind contributions that are realized in goods, commodities, and/or services, etc., with a useful life of at least 10 years, that integrates economic, environmental, social, and community elements, and essentially is about living, working, and ordering society and communities in ways that are environmentally sustainable, encouraging reduction of pollution, re-use of resources, promoting biodiversity, etc., whereas: 2.2.d.1. Sustainability is a concept and strategy by which facilities seek economic development approaches that benefit the local environment, society, communities, and overall quality of life, and: 2.2.d.1.A. Sustainable development provides a framework under which facilities can use resources efficiently, create efficient infrastructures, protect and enhance the quality of life, reserve the ability of an ecosystem to maintain a defined and desired state of ecological integrity over time, and create new businesses to strengthen their economies and communities; and,2.2.d.1.B. Sustainable communities are achieved by facilities that establish short-term and long-term methodologies for developing integrated approaches to develop and achieve a healthy community by addressing economic, environmental, social, and community issues, while fostering a strong sense of community and building partnerships and consensus among key stakeholders are also important elements.2.3. "Community Advisory Panel" means a committee, task force, or board comprised of citizens affected by facilities that provides a public forum for community members to present and discuss their needs and concerns about the decision-making process at facilities affecting them.2.4. "Environmental Management Program" means an activity for achieving a facility's environmental objectives and environmental targets that includes designation of responsibility for achieving environmental objectives and environmental targets at relevant functions and levels within the facility, and the means and time-frame by which they are to be achieved.2.5. "Facility" means places, buildings, equipment, structures, and other stationary items that are located on a single site or on contiguous or adjacent sites and that are owned or operated by the same person, or by any person who controls, is controlled by, or is under common control with, such person that provides a particular service or is used for a particular industry; and also means the piece of land, with or without facilities, that is within the jurisdiction of federal, state, and/or municipal government.2.6. "Person" means any and all persons, natural or artificial, including the State of West Virginia or any other State, the United States of America, any municipal, statutory, public, or private corporation, organized or existing under the laws of this or any other state or country, and any firm, partnership, or association of whatever nature.2.7. "Pollution Prevention" means any practice that reduces the use of any hazardous substance or amount of a pollutant or contaminant prior to reuse, recycling, treatment, or disposal, and reduces the hazards to public health and the environment associated with the use and release of hazardous substances, pollutants or contaminants; pollution prevention does not include cross-media pollution transfers that do not result in a net decrease of discharge, emission or impact to the environment, as specified under W. Va. Code § 22-25-3; and includes: 2.7.a. "Pollution Prevention", for the purpose of this rule, also means "Source Reduction" as specified under the Pollution Prevention Act ( 42 U.S.C. §§13101 - 13109), as follows: 2.7.a.1. "Source Reduction" means any practice that:2.7.a.1.A. Reduces the amount of any hazardous substance, pollutant, or contaminant entering any waste stream or otherwise released into the environment (including fugitive emissions) prior to recycling, treatment, or disposal;2.7.a.1.B. Reduces the hazards to public health and the environment associated with the release of such substances, pollutants, or contaminants;2.7.a.1.C. Includes equipment or technology modifications, process or procedure modifications, reformulation or redesign of products, substitution of raw materials, and improvements in housekeeping, maintenance, training, or inventory control; and,2.7.a.1.D. Does not alter the physical, chemical, or biological characteristics or the volume of a hazardous substance, pollutant, or contaminant through a process or activity that itself is not integral to and necessary for the production of a product or the providing of a service.2.7.a.2. "Source at a United States Environmental Protection Agency National Environmental Performance Track Member Facility" means a major or area source located at a facility that has been accepted by the United States Environmental Protection Agency for membership in the National Environmental Performance Track and is still a member of the National Environmental Performance Track as specified under the Pollution Prevention Act ( 42 U.S.C. §§13101 - 13109).2.7.a.3. "Source at an Environmental Excellence Program Member Facility" means a major or area source located at a facility that has been accepted by the department for membership in the environmental excellence program and is still a member of the environmental excellence program.2.8. "Public Entity" means a political subdivision of the state, including a municipality and its subdivisions, a school district, a regional educational attendance area, an organization composed of political subdivisions of the state; and any department, agency, special purpose district, or other instrumentality of the state or local government.2.9. "Responsible Official" means one of the following:2.9.a. For a corporation: a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation, or a duly authorized representative of such person if the representative is responsible for the overall operation of one or more manufacturing, production, or operating facilities applying for or subject to a permit and either: 2.9.a.1. The facilities employ more than 250 persons or have gross annual sales or expenditures exceeding $25 million (in second quarter 1980 dollars); or,2.9.a.2. The secretary approves the delegation of authority to such representative in advance.2.9.b. For a partnership or sole proprietorship: a general partner or the proprietor, respectively; or,2.9.c. For a municipality, State, Federal, or other public agency: either a principal executive officer or ranking elected official. For the purposes of this rule, a principal executive officer of a Federal agency includes the chief executive officer having responsibility for the overall operations of a principal geographic unit of the agency (e.g., a Regional Administrator of the United States Environmental Protection Agency).2.10. "Small Business" means a for-profit or non-profit enterprise that has either gross annual receipts not exceeding $5 million or total payroll not exceeding $1.5 million and/or any facility with fewer than fifty full-time employees. A United States business that is independently owned and operated, is not dominant in its field of operation and can qualify under criteria concerning number of employees, average annual receipts or other criteria as outlined by the United States Small Business Administration (CFR Title 13, Part 121, as amended).2.11. "Supplemental Environmental Project (SEP)" means an environmentally beneficial project which a facility agrees to undertake in settlement of an enforcement action, but which the facility is not otherwise legally required to perform.2.11.a. "Environmentally Beneficial" means a SEP must improve, protect, or reduce risks to public health, or the environment at large, and, while in some cases a SEP may provide the alleged violator with certain benefits, there must be no doubt that the project primarily benefits the public health or the environment.2.11.b. "In Settlement of an Enforcement Action" means the United States Environmental Protection Agency and/or the department has the opportunity to help shape the scope of the project before it is implemented and the project is not commenced until after the United States Environmental Protection Agency and/or the department has identified a violation (e.g., issued a notice of violation, administrative order, or complaint).2.11.c. "Not Otherwise Legally Required to Perform" means the project or activity is not required by any federal, state or local law or regulation, and further, SEPs cannot include actions which the facility is likely to be required to perform as injunctive relief as part of an existing settlement or order in another legal action; or, by a state or local requirement.2.12. "National Environmental Performance Track" means a United States Environmental Protection Agency program that is a public/private partnership recognizing top environmental performance among participating United States facilities of all types, sizes, and complexity, public and private.