Current through Register Vol. XLI, No. 50, December 13, 2024
Section 33-8-2 - DefinitionsThe following definitions apply to this rule unless otherwise specified herein:
2.1. "Agricultural land" means land on which a food crop, feed crop, or fiber crop is grown. This includes, but is not limited to, range land and land used as pasture.2.2. "Agronomic rate" means the application rate, by dry weight, designed: (1) To provide the amount of nutrients needed by the food crop, feed crop, fiber crop, cover crop or vegetation on the land; and (2) To minimize the amount of nutrients in the sludge or other material that passes below the root zone of the crop or vegetation grown on the land to the ground water.2.3. "Applicant" means the person applying for a beneficial reuse permit or renewal permit and any person related to such person by virtue of common ownership, common management or family relationships as the Secretary may specify, including the following: spouses, parents, children and siblings.2.4. "Beneficial Use" means the use of a non-hazardous material for a specific beneficial purpose where it is done in a manner that protects groundwater and surface water quality, soil quality, air quality, human health, and the environment. This may include use as a fertilizer substitute or other purpose approved by the Secretary.2.5. "Department" means the Department of Environmental Protection.2.6. "Domestic septage" means either liquid or solid material (septage) removed from a septic tank, cesspool, portable toilet, Type III marine sanitation device, or similar treatment works that receives only domestic sewage. Domestic septage does not include liquid or solid material removed from a septic tank, cesspool, or similar treatment works that receives either commercial wastewater or industrial wastewater and does not include grease removed from a grease trap at a restaurant.2.7. "Land application site" means the location where sludge or other material is sprayed or spread onto the land surface, or incorporated into the soil so that the sludge or other material can fertilize the crops or vegetation grown in the soil.2.8. "Nutrient" or "nutrient content" means an element essential for plant growth, which for the purposes of this rule are nitrogen, phosphorous, potassium, calcium, and magnesium.2.9. "Odor" means a sensation resulting from the stimulation of the human sense of smell. 2.10. "Person" or "persons" mean any industrial user, public or private corporation, institution, association, firm or company organized or existing under the laws of this or any other state or country; state of West Virginia; governmental agency, including federal facilities; political subdivision; county commission; municipal corporation; industry; sanitary district; public service district; drainage district; soil conservation district; watershed improvement district; partnership trust; estate; person or individual; group of persons or individuals acting individually or as a group; or any legal entity whatever.2.11. "Plow Layer" means the layer of soil which is turned or mixed by plowing, tilling, disking, harrowing, or other similar activity.2.12. "Producer" means any person producing sludge or other material approved for use in accordance with this rule.2.13. "Secretary" means the Secretary of the Department of Environmental Protection or person to whom the Secretary has delegated authority or duties pursuant to W. Va. Code § 22-1-6.2.14. "Sewage sludge" means solid, semi-solid or liquid residue generated during the treatment of domestic sewage in a treatment works. Sewage sludge includes, but is not limited to, domestic septage, scum or solids removed in primary, secondary or advanced wastewater treatment processes and a material derived from sewage sludge. "Sewage sludge" does not include ash generated during the firing of sewage sludge in a sewage sludge incinerator.2.15. "Sludge" means any solid, semisolid, residue or precipitate, separated from or created by a municipal, commercial or industrial waste treatment plant, water supply treatment plant or air pollution control facility or any other waste having similar origin.2.16. "Source water protection area" means the area delineated by the West Virginia Bureau for Public Health for a public water supply system or systems, whether the source is ground water or surface water or both, through which contaminants are reasonably likely to move toward and reach a public water supply system.2.17. "Total fats" mean fats, oils, and greases of animal or vegetable origin that may be determined quantitatively based on their common solubility in an organic extracting solvent and recovery from that solvent, but does not include petroleum compounds.2.18. "Wellhead protection area" means the surface and subsurface area surrounding a water well or well field supplying a public water system through which contaminants are reasonably likely to move toward and reach a well or well field as delineated by the Bureau for Public Health.