Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 150 - WASTE TIRE END USER REIMBURSEMENT REGULATION › Part I - Definitions › Section 9VAC20-150-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
A. The definitions set out in Part I of the Solid Waste
					 Management Regulations (9VAC20-81) are incorporated by reference.
B. The following words and terms, when used in this
					 chapter, shall have the following meanings, unless the context clearly
					 indicates otherwise:
"Applicant" means any person or persons seeking
					 reimbursement under this chapter.
"Asphalt pavement containing recycled rubber" means any hot
					 mix or spray applied binder in asphalt paving mixture that contains rubber from
					 waste tire materials which is used for asphalt pavement base, surface course or
					 interlayer, or other road and highway related uses.
"Authorized signature" means the signature of an individual
					 who has authority to sign on behalf of, and bind, the applicant.
"Available funds" means for a given fiscal year, a maximum
					 of 80% of the previous fiscal year's collection of the waste tire tax plus 85%
					 of nonobligated carryover funds at the end of the previous fiscal year.
"Burning" means the controlled burning of waste tire
					 materials for the purpose of energy recovery.
"Collector" means a person who receives waste tires from a
					 generator or hauler for the purpose of delivery to a permitted storage,
					 processing, or disposal facility.
"Cost of use" means the equipment, leasehold improvements,
					 buildings, land, engineering, transportation, operating, taxes, interest, and
					 depreciation or replacement costs of using waste tire materials incurred by the
					 end user after deducting any tipping fee received by the end user.
"Daily cover" means using waste tire material as an
					 alternate cover placed upon exposed solid waste to control disease vectors,
					 fires, odors, blowing litter and scavenging without presenting a threat to
					 human health and the environment.
"Department" means the Department of Environmental
					 Quality.
"Director" means the Director of the Department of
					 Environmental Quality or the director's designee.
"Embankment" means a raised earthen structure to carry a
					 roadway.
"End user" means:
1. For resource recovery, the person who utilizes the heat
					 content or other forms of energy from the incineration or pyrolysis of waste
					 tires, chips, or similar materials;
2. For other eligible uses of waste tires, the last person
					 who uses the waste tires, chips, or similar materials to make a product with
					 economic value. If the waste tire is processed by more than one person in
					 becoming a product, the end user is the last person to use the tire as a tire ,
					 tire chips, or as similar material. A person who distributes tire chips or
					 similar materials and gives or sells them to another person to use is not an
					 end user.
"Energy recovery" means utilizing the heat content or other
					 forms of energy from the burning or pyrolysis of waste tire materials.
"Fill material for construction" means the material is used
					 as a base or sub-base under the footprint of a structure, a paved parking lot,
					 sidewalk, walkway or similar application.
"Generator" means any person whose act or process produces
					 waste tires or whose act first causes a tire to become a solid waste.
"Hauler" means a person who picks up or transports waste
					 tires for the purpose of removal to a permitted storage, processing or disposal
					 facility.
" Partial reimbursement" means reimbursement that does not
					 exceed the purchase price of waste tire materials or the cost of use if the
					 waste tire materials were not purchased.
"Passenger tire equivalent" means a measure of passenger,
					 truck tires, and oversize tires where: One passenger car tire equals 20 pounds
					 or 1/100 ton. One truck tire 20-24 inch rim equals 100 pounds or 1/200 ton and
					 a tire with over 24-inch rim equals 200 pounds or greater as computed by the
					 end user.
"Processor" means a person engaged in the processing of
					 waste tires including, but not limited to, stamping, stripping, shredding, or
					 crumbing; that operates under a permit issued by the local, state, or federal
					 government or is exempt from permit requirements.
"Pyrolysis" means thermal treatment of waste tire materials
					 to separate it into other components with economic value.
"Retreading" means processing a waste tire by attaching a
					 new tread to make a usable tire.
"Road bed base" means the foundation of a road prepared for
					 surfacing.
"Tipping fee" means a fee charged to a person for disposal
					 of a waste tire.
"Tire" means a continuous solid or pneumatic rubber
					 covering encircling the wheel of a vehicle in which a person or property is
					 transported, or by which they may be drawn on a highway.
"Tire pile" means an accumulation of waste tire materials
					 that violates the Solid Waste Management Regulations (9VAC20-81).
"Waste tire" means a tire that has been discarded because
					 it is no longer suitable for its original intended purpose because of wear,
					 damage or defect.
"Waste tire materials" means whole waste tires or waste
					 tires that have been size reduced by physical or chemical process. This term
					 includes waste tires or chips or similar materials as specified in §§
					 10.1-1422.3 and 10.1-1422.4 of the Code of Virginia.
"Waste Tire Trust Fund" means the nonreverting fund set up
					 by § 10.1-1422.3 of the Code of Virginia in which proceeds from the tire
					 recycling fee are deposited.
Statutory Authority: §§ 10.1-1402 and
						10.1-1422.4 of the Code of Virginia.