Definition of 2.47. “Toxic Pollutant

2.47. “Toxic Pollutant means any pollutant listed as a toxic under CWA Section 307(a)(1) (see Appendix A of this rule). 2.48. “Variance” means any mechanism or provision under CWA Sections 301 or 316 or under 40 C.F.R. Part 125 or in the applicable effluent limitations guidelines that allows modification to or waiver of the generally applicable effluent limitation requirements or time deadlines of the CWA. This includes provisions that allow the establishment of alternative limitations based on fundamentally different factors or on CWA Sections 301(c), 301(g), 301(i), 302(b)(2), and 316(a) where appropriate. 2.49. “West Virginia Surface Coal Mining and Reclamation Act” or “WVSCMRA” means W. Va. Code § 22-3-1, et seq. 2.50. “WV/NPDES Application” or “Application” means the forms prescribed by the Secretary and approved by the EPA for applying for a permit or permit modification, including any additions, revisions or modifications to the WV/NPDES forms. 2.51. “WV/NPDES Permit” or “Permit” means an authorization issued by the Secretary to implement the requirements of Article 11and this rule, including modifications to permits. 2.52. “Wetlands” means those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and under normal conditions do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. §47-30-3. Permits. 3.1. Permit Requirements; Exemptions: 3.1.a. Permit Requirements. Except as authorized by a WV/NPDES permit, no person shall: 3.1.a.1. Discharge pollutants from a point source associated with any coal mine or preparation plant, or any refuse and waste therefrom; 3.1.a.2. Make, cause or permit to be made any outlet or substantially enlarge or add to the load of any existing outlet from a facility for the discharge of pollutants or the effluent therefrom into the waters of the State; 3.1.a.3. Acquire, construct, install, modify or operate a disposal system or part thereof for the direct or indirect discharge or deposit of treated or untreated waste or effluent from any facility into the waters of the State, or any extension to or addition to such disposal system; 3.1.a.4. Extend, modify, add to or increase in volume or concentration any pollutants or effluent from any point source associated with any facility in excess of the discharges or disposition specified or permitted under any existing permit; or 3.1.a.5. Construct, install, modify, open, reopen, operate or abandon any coal mine, coal preparation plant or coal preparation plant associated areas whenever such facilities have associated with them or might reasonably be expected to have associated with them a discharge into or pollution of waters of the State, except that a WV/NPDES permit shall be required for any coal preparation plant regardless of whether it has, may have or might reasonably be expected to have a discharge. 47CSR30