Current through Register Vol. XLI, No. 50, December 13, 2024
Section 33-22-2 - Definitions2.1. "Acts" means the West Virginia Hazardous Waste Management Act (W. Va. Code § 22-18-1 et seq.) and the West Virginia Solid Waste Management Act (W. Va. Code § 22-15-1 et seq.).2.2. "Assessment Officer" means a person appointed by the Secretary to carry out the review, assessment, and hearing procedures outlined in these regulations.2.3. "Civil Administrative Penalty Referral" means a written document that includes the observations made by the inspector relative to the seriousness of the alleged violation and any good faith efforts made to comply with applicable requirements as well as any other appropriate factors established by these regulations.2.4. "Facility" means the site of the alleged violation.2.5. "Inspector" means an authorized representative of the Secretary who as a normal function of his or her responsibilities conducts inspections, investigations, or sampling at facilities regulated under either of the Acts.2.6. "Notice of Civil Administrative Penalty" means a written notification provided to a violator by the assessment officer, by means of certified mail or personal service, assessing a civil administrative penalty. A notice of civil administrative penalty shall include: 2.6.a. A reference to the section of the statute, rule, order, or permit condition allegedly violated;2.6.b. A concise statement of the facts alleged to constitute the violation;2.6.c. A statement of the amount of the initial civil administrative penalty to be imposed; and2.6.d. A statement of the alleged violator's right to an informal hearing.2.7. "Notice of Dismissal" means a written notification provided to a violator by the assessment officer or the Secretary, by means of certified mail or personal service, dismissing and vacating the enforcement action. A notice of dismissal may be issued at any time during the proceedings.2.8. "Notice of Violation" means a written notification provided to an alleged violator by the inspector.2.9. "Secretary" means the Secretary of the West Virginia Department of Environmental Protection or his or her authorized representative. 2.10. "Violator" means the person, as defined by § 22-15-2(24) or § 22-18-3(11), who is alleged to have violated the Acts, or any rule, order, or permit condition imposed pursuant to the Acts.2.11. "Written Decision" means a written decision furnished to the violator concerning the Secretary's final decision regarding the assessment of a civil administrative penalty and the reasons therefor.