Current through Register Vol. XLI, No. 50, December 13, 2024
Section 45-32-2 - Definitions2.1. "Act" or "the Act" means the provisions of W. Va. Code '22-5-1, et seq.2.2. "Applicable Requirements" means all state, interstate compact, and federal standards and limitations for a source regulated pursuant to a legislative rule, including, but not limited to, emissions limitations, ambient air quality standards, standards of performance, control technology guidelines, and preconstruction review and any standard, term, condition, limitation or requirement contained in any order issued by the Director including consent orders and permits.2.5. "Director" means the director of the Division of Environmental Protection or his or her designated representative.2.6. "Division of Environmental Protection" or "DEP" means the Division of Environmental Protection which is created by the provisions of W. Va. Code '22-1-1, et seq.2.7. "Minor Violation" means any violation of a specific provision of the Act, or rule promulgated under the Act that is not a serious violation as defined in 2.10 and Section 3 of this rule.2.8. "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.2.9. "Risk of Harm" means the level of risk created by the likelihood of exposure, either individual or cumulative, or the actual damage, either individual or cumulative, to public health and the environment caused by a violation. 2.10. "Serious Violation" means those violations outlined as serious and contained in Section 3 of this rule.