West Virginia Code of State Rules › Agency 157 - Highways › Title 157 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS › Series 157-08 - Waste Tire Remediation/Environmental Clean Up › Section 157-8-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1 "Abandoned
				salvage yard" means any unlicensed salvage yard or any salvage yard that was
				previously licensed but upon which the license has not been renewed for more
				than one year.
2.2 "Award" means
				the acceptance by the Division of a bid.
2.3 "Beneficial Use" means the use or reuse
				of whole waste tires or tire derived material which are reused in constructing
				retaining walls, rebuilding highway shoulders and sub-base, building highway
				crash attenuation barriers, feed hopper or watering troughs for livestock,
				other agricultural uses approved by the Division of Environmental Protection,
				playground equipment, boat or truck dock construction, house or building
				construction, go-cart, motorbike or race track barriers, or similar types of
				beneficial applications:
Provided,
That waste tires may not be
				reused as fencing, as erosion control structures, along stream banks or river
				banks or reused in any manner where human health or the environment, as
				determined by the Director of the Division of Environmental Protection, is put
				at risk.
2.4 "Calendar Day" means
				every day shown on the calendar.
2.5 "Commercial Recapping Facility" means a
				properly licensed West Virginia business that uses waste tires for the purposes
				of recapping said tire.
2.6
				"Commissioner" means the commissioner of the West Virginia Division of
				Highways.
2.7 "Contract" means the
				written agreement between the Division and the Contractor covering the
				performance of the work: the furnishing of labor, equipment and materials, and
				the basis of payment. The Contract includes the invitation for bids, proposal,
				contract form, contract bond, specifications, supplemental specifications,
				special provisions, plans notice to proceed, and any change orders that are
				required to complete the construction of the work in an acceptable manner,
				including authorized extensions thereof, all of which constitute one
				instrument.
2.8 "Contractor" means
				the individual, firm or corporation, party of the second part to the Contract,
				acting directly or through his, her or their agents, employees, or
				subcontractors.
2.9 "Corrections"
				means the Division of Corrections, West Virginia Department Of Military Affairs
				and Public Safety.
2.10 "Dead
				Line" means the time limit for completion of remediation and/or related
				contract, and/or Notice To Correct/Remediate the designated waste tire
				pile.
2.11 "DEP" means the Division
				of Environmental Protection, Bureau of the Environment.
2.12 "DHHR" means the West Virginia
				Department of Health and Human Resources.
2.13 "Director" means Commissioner of the
				West Virginia Division of Highways, West Virginia Department of
				Transportation.
2.14 "Disadvantaged
				Business Enterprise (DBE)" means a small business concern which is owned and
				controlled by one or more socially or economically disadvantaged individuals
				which have been certified under the Small Business Administration's 8(a)
				program or by the Division of Highways.
2.15 "Division" means the Division of
				Highways, West Virginia Department of Transportation.
2.16 "Employee" means any person working on
				behalf of the project who is under the direction of the contractor of any
				subcontractor.
2.17 "Equipment"
				means all machinery and equipment, together with the necessary supplies for
				upkeep and maintenance, and also tools and apparatus necessary for the proper
				construction and acceptable completion of the work.
2.18 "Extra Work" means an item of work not
				provided for in the Contract as awarded, but found essential to the
				satisfactory completion of the Contract within its intended scope.
2.19 "Fee" means the remitted amount the
				Commissioner may pay for a waste tire to be returned for disposal. The fee will
				be in the form of a coupon.
2.20
				"Force Account Work" means additional work to be performed, with payments based
				on labor, materials used, equipment cost, plus specified percentages.
2.21 "Hazardous Waste" means a waste or
				combination of waste, which are hazardous by characteristic and or definition,
				as referenced by the Resource Conservation and Recovery Act of 1976, as
				amended.
2.22 "Monofill or Waste
				Tire Monofill" means an approved solid waste facility where waste tires not
				mixed with any other waste are placed for the purpose of long term storage for
				eventual retrieval for marketing purposes.
2.23 "Notice To Proceed" means written notice
				to the Contractor to proceed with the contract work including, when applicable,
				the date of beginning of contract time.
2.24 "Occupied Private Residence" means a
				private residence, which is occupied for at least six months each
				year.
2.25 "Owner/Operator" means
				an individual, firm, partnership, association or corporation.
2.26 "Permit" means an official document
				certifying authority that certain functions according to applicable codes and
				rules can and must be performed.
2.27 "Person" means a natural person,
				corporation, firm, partnership, association or society.
2.28 "Person(s) Responsible" means the
				property owner and/or the person who allows a waste tie pile to be developed,
				expanded or enlarged. This specifically includes the current property owner(s)
				where waste tire piles are located.
2.29 "Priority List" means the list of waste
				tire piles from around the State, ranked on a priority based upon:
(1) Health Issues,
(2) Ground Waste Contamination,
(3) Stream Pollution,
(4) Potential Air Quality Problems (fire),
(5) Proximity to Population
				Centers, and
(6) the Number of
				Tires in a Waste Tire Pile.