Current through Register Vol. XLI, No. 50, December 13, 2024
Section 22-3-2 - Definitions2.1. "Best Management Practices" or "BMP's" -- means sediment control measures, structural or nonstructural, used singly or in combination, to reduce soil runoff from land disturbances associated with commercial timber harvesting and as are adopted from time to time by the director, upon recommendation of the BMP Committee specified in W. Va. Code § 19-1B-7(h).2.2. "Chief" -- means the Director of the Division of Water and Waste Management of the Department of Environmental Protection or his or her agent.2.3. "Certified Logger" -- means an individual engaged in the business of severing trees for commercial purposes who has successfully completed the program prescribed by the director to ensure competency in the safe conduct of timbering operations, in first aid, and in the use of BMP's.2.4. "Certified Logger Supervising" -- means at an active timbering operation the certified logger shall be physically present to observe and supervise the work and performance of logging crew personnel while engaged in logging activities, including the severing and delimbing of trees, the cutting of delimbed trees into logs, the preparation of any skid and haul roads and installation of BMP's and administering first aid procedures.2.5. "Commercial" -- means that which is done for a wage, fee, commission, agent or profit.2.6. "Compliance Order" -- means a written order of the director specifying how a situation that is contributing, or has the potential to contribute, to soil erosion or water pollution, be corrected; and further specifying a reasonable and practical number of days in which the corrective action(s) must be taken.2.7. "Conference Panel" -- means the entity comprised of those persons selected by the director and the chief, as specified in W. Va. Code § 19-1B-11(a), and who, upon the request of an aggrieved person or upon petition of the chief, meet to affirm, modify or vacate orders of the director relating to commercial timber harvesting.2.8. "Director" -- means the director, also termed the state administrative forester, of the West Virginia Division of Forestry or his or her agent.2.9. "Haul Road" -- means a road, other than roads built under an active permit to comply with other laws or regulations, constructed or used for the transportation of logs from a landing to a state road or highway.2.10. "Landing" -- means an area, integral to the logging operation, in or near a forest where logs are first accumulated and/or prepared for loading onto or into carriers for transportation to a wood-processing facility.2.11. "Logger Certification" -- means the issuance of a numbered certificate and a wallet-sized photo identification card to individuals successfully completing a regularly scheduled program of education, training and examination prescribed by the director in the safe conduct of timbering operations, in first aid procedures, and in the use of best management practices.2.12. "Skid Road" -- means a road over which trees and logs are carried or dragged from the point where severed to a landing.2.13. "Timbering Operations" or the singular -- as defined in the W. Va. Code § 19-1B-3(e), includes all aspects of logging, including but not limited to severing and delimbing of trees, cutting of the delimbed tree into logs either at the point of severing or at a landing, the preparation of any skid and haul roads and the skidding or otherwise moving of logs to landings.2.14. "Water Pollution Control Act" -- means Article 11, Chapter 22, of the W. Va. Code or the successor citation.