Current through Register Vol. XLI, No. 50, December 13, 2024
Section 33-9-2 - 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 filtrate 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 determination, permit or renewal permit and any person related to such person by virtue of common ownership, or common management. 2.4 "Beneficial Properties" means those characteristics determined to be analytically acceptable as defined in section 5.2.5. "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, soil amendment, cover material, fill material, mulch or horticultural product, or other purpose approved by the Secretary.2.6. "Department" means the Department of Environmental Protection.2.7. "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.2.8. "Filtrate or water treatment plant filtrate" means any sludge that results from the treatment of water at a water treatment plant. 2.9 "General Permit" means a regional or Statewide permit issued by the Department for a specified category, or categories, of beneficial use of filtrate, in accordance with the provisions of section 11, the terms and conditions of which allow an original applicant and a new applicant to register to operate under the general permit if the terms and conditions of the general permit are met. 2.10. "Long-term" means the application of filtrate to a site multiple times for a period of eighteen months or more.2.11. "Land Application site" means a location where filtrate is sprayed or spread onto the land surface, or incorporated into the soil so that the filtrate can fertilize the crops or vegetation grown in the soil.2.12. "Nutrient" or "nutrient content" means an element essential for plant growth, which for the purposes of this rule are nitrogen, phosphorous, potassium, calcium, magnesium, and micronutrients such as iron where applicable to a proposed beneficial use.2.13. "Odor" means a sensation resulting from the stimulation of the human sense of smell.2.14. "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.2.15. "Plow Layer" means the layer of soil, which is turned or mixed by plowing, tilling, disking, harrowing, or other similar activity.2.16. "Producer" means any person producing filtrate approved for use in accordance with this rule.2.17. "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 § 22-1-6.2.18. "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.2.19. "Short-term" means the application of filtrate to a site one or more times over a period of less than eighteen months.2.20. "Sludge" means any solid, semisolid, residue or precipitate, separated from or created by a municipal, commercial or industrial water supply treatment plant or any other waste having similar origin.2.21. "Soil improvement site" means the location where filtrate is sprayed or spread onto the land surface, or incorporated into the soil, so that the filtrate can improve the growing conditions for the crops or vegetation grown in the soil.2.22. "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.2.23. "Water treatment plant" means any facility, equipment, unit or system used to improve the quality of water to make it more suitable for domestic, commercial, or industrial purposes or for any other beneficial use.2.24. "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.