Current through Register Vol. XLI, No. 50, December 13, 2024
Section 61-6B-2 - Definitions2.1. "Abandoned container" means a storage container or other container used at a storage facility to hold fluid bulk fertilizer or fertilizer rinsate that has been out of service for more than six (6) months because of a weakness or leak, or has been out of service for any reason for more than two (2) years and no integrity test has been performed.2.2. "Approved" means approval by the commissioner except where otherwise stated.2.3. "Aqua ammonia" means an aqueous solution of anhydrous ammonia generally containing from eighteen (18%) to thirty (30%) percent of ammonia (NH3) by weight and having a vapor pressure usually varying from 0 to 10 psig at 104 degrees F.2.4. "Commissioner" means the Commissioner of the West Virginia Department of Agriculture or his appointed agent.2.5. "Discharge" means a release outside the secondary containment area of fluid fertilizer in a quantity exceeding fifty-five (55) U.S. gallons and/or of dry bulk fertilizer in a quantity exceeding two hundred (200) pounds, unless otherwise specified in The Superfund Amendments and Reauthorization Act (SARA), 42 U.S.C. 9601, Title III Emergency Planning and Community Right-to-Know provisions. The term discharge does not include the normal loading and transportation of fertilizers from the facility or the lawful distribution use, disposal or application of fertilizers.2.6. "Dry bulk fertilizer" means nonfluid fertilizer in nonpackaged form.2.7. "Elephant ring" means a storage container with open top serving as a secondary containment vessel into which a smaller primary storage container(s) is placed.2.8. "Fertilizer" means any substance containing one or more recognized plant nutrients which is used for its plant nutrient content and which is designed for use or claimed to have value in promoting plant growth, except unmanipulated animal and vegetable manures, marl, lime, limestone, wood ashes, gypsum and other products exempted by regulation of the commissioner.2.9. "Field operations" means the application of fertilizer to soil or plants in the course of normal agricultural or horticultural practice. 2.10. "Fluid bulk fertilizer" means fluid fertilizer in an undivided quantity exceeding fifty-five (55) gallons.2.11. "Fluid fertilizer" means fertilizer in fluid form, and includes solutions, emulsions, suspensions and slurries. "Fluid fertilizer" does not include anhydrous ammonia.
2.12. "Load or loading" means the transfer of bulk fertilizer from the storage facility to transport vehicles, application equipment, or mobile containers, unless the use of the word in the context means otherwise.2.13. "Low pressure nitrogen solutions" means an aqueous solution of ammonium nitrate and/or urea and/or other nitrogen carriers, containing various quantities of free ammonia exceeding two percent (2%) by weight. Aqua ammonia and non-pressure nitrogen solutions commonly referred to as twenty-eight (28%),thirty (30%), or thirty-two (32%) percent nitrogen solutions are excluded from this definition.2.14. "Operational area" means an area or areas at a fertilizer storage facility where fertilizers are transferred, loaded, unloaded, mixed, or where fertilizers are cleaned or washed from application equipment, storage containers, or transportation equipment.2.15. "Operational area containment" means any structure or system designed and constructed to intercept and contain operational spills, including container or equipment wash water and rainwater, and to prevent runoff or leaching from a storage facility.2.16. "Operator" means any person who is responsible for the transferring, loading, unloading, mixing and/or storing of fertilizers and may include an owner, operator or manager.2.17. "Person" means an individual, partnership, association, firm or corporation.2.18. "Primary containment" means the storage of fluid or dry bulk fertilizer in storage containers at a storage facility.2.19. "Roofed" means protected from precipitation and any subsequent drainage.2.20. "Secondary containment" means any structure used to contain product spills from primary storage containers and prevent runoff or leaching.2.21. "Storage container" means:2.21.1. a container used for the storage of fluid or dry bulk fertilizer; or2.21.2. a rail car, nurse tank, or other mobile container used for the storage of fluid bulk or dry fertilizer; but does not include a. a mobile container storing fluid bulk or dry fertilizer at a storage facility for less than fifteen (15) days, if this storage is incidental to the loading or unloading of a storage container at the storage facility,b. a mobile container located on property not owned, operated or controlled by an operator of a storage facility, nor c. a container used solely for short-term emergency storage of leaking fertilizer containers.2.22. "Storage facility" means a location at which fluid bulk fertilizer in undivided quantities in excess of five thousand (5,000) U.S. gallons or dry bulk fertilizer in undivided quantities exceeding twenty five (25) tons is held in storage where the total quantity of the product at the firm may be divided into more than one storage container and still be considered "undivided"; and where that storage occurs for more than a total of thirty (30) days during a twelve (12) month period.2.23. "Unload or unloading" means the transfer of bulk fertilizer in an unaltered state from the transport vehicle to the storage facility.