West Virginia Code of State Rules › Agency 33 - Waste Management, Division Of Water And Waste Management › Title 33 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION WASTE MANAGEMENT › Series 33-05 - Waste Tire Management Rule › Section 33-5-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
Unless the context clearly requires a different meaning, all
				  terms contained in this rule and not defined by tjhis section are defined by
				  their plain meaning. This section contains definitions for terms that appear
				  throughout this rule.
2.1. "Access
				Road" means all roads providing access to a solid waste facility from a road
				that is under federal, state, or local authority, or internal roads providing
				access from one portion of the facility to another.
2.2. "Automobile Dealer" means any business
				engaged in the sale of automobiles, trucks or motorized recreational vehicles
				in the State of West Virginia.
2.3.
				ABeneficial 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 subbase, building highway crash attenuation barriers, and other
				civil engineering applications, feed hopper or watering troughs for livestock,
				or other agricultural uses approved by the Department of Environmental
				Protection, playground equipment, boat or truck dock construction, house or
				building construction, go-cart, motorbike or race track barriers, recapping,
				alternative daily cover, 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 Secretary of the Department of
				Environmental Protection, is put at risk.
2.4. "Bond" means any performance bond or
				other form of financial assurance provided by W. Va. Code '22-15-12
				and the Solid Waste Management Rule (33CSR1).
2.5. "Chief" means the chief of the Division
				of Waste Management of the West Virginia Department of Environmental Protection
				or his or her authorized representative.
2.6. ADepartment of Transportation Symbol@
				means the identification number placed on new tires mandated by the Federal
				Motor Vehicle Safety Standards for motor vehicles and motor vehicle equipment
				pursuant to Section 103 of the National Traffic and Motor Vehicle Safety Act of
				1966, as amended.
2.7. AD.O.T.
				Regulated Tire@ means any tire that was originally used for those purposes
				defined under Atire@or meets the definition of Awaste tire@ that is identified
				with a Department of Transportation symbol.
2.8. ARemediate or Remediation@ means to
				remove all tires located above grade at a site and may also include the removal
				of the solid waste incidental to the removal of waste tires at a site:
				Provided, That remediation does not include clean up of hazardous
				waste.
2.9. ARetail Tire Dealer@
				means any person or persons engaged in the business of retail sale of tires to
				an end user in the state of West Virginia.
2.10. "Sale and/or Selling" includes
				exchange, consignment, barter, gift, and offer for sale. Sale and/or selling
				includes the removal of tires from a stock of merchandise by a wholesale
				distributor, or a retail tire dealer, for its own use.
2.11. ASalvage@ means old or scrap brass,
				copper, iron, steel, other ferrous or nonferrous materials, batteries or rubber
				and any junked, dismantled or wrecked machinery, machines or motor vehicles or
				any parts of any junked, dismantled or wrecked machinery, machines or motor
				vehicles.
2.12. ASalvage Yard@
				means any place which is maintained, operated or used for the storing, keeping,
				buying, selling or processing of salvage, or for the operation and maintenance
				of a motor vehicle graveyard: Provided, That no salvage yard shall accept,
				store or process more than one hundred waste tires unless it has all of the
				permits necessary to operate a monofill, waste tire processing facility or
				solid waste facility. Any salvage yard which currently has on its premises more
				than one hundred waste tires not on a vehicle must establish a plan in
				conjunction with the Department of Environmental Protection for the proper
				disposal of the waste tires.
2.13.
				"Shredded Waste Tires" means tires or tire derived material, which has been
				processed by shredding to particle sizes not greater than 72 square
				inches.
2.14. "Storage Cell" means
				a dedicated monofill area for long term storage for waste tires or tire derived
				material located within an approved solid waste disposal facility for the
				purpose of long term storage for the eventual retrieval for marketing
				purposes.
2.15. "Tire" means any
				continuous solid or pneumatic rubber covering designed to encircle the wheel of
				a vehicle and may include the following types of tires: passenger car tires,
				light-duty and heavy-duty truck tires, high speed industrial tires, bus tires,
				and special service tires (including military, off-the-road, recreational/all
				terrain vehicle, and slow speed industrial).
2.16. "Tire Derived Material" means any
				shredded, chipped, crumb rubber or other such tire material that has been
				processed from a tire, or waste tire.
2.17 "Vector" means any insect, rodent, or
				other organism capable of directly or indirectly transmitting infectious
				diseases or pathogenic organisms from one person to another or from an animal
				to a person.
2.18. AWaste Tire@
				means any continuous solid or pneumatic rubber covering designed to encircle
				the wheel of a vehicle but which has been discarded, abandoned or is no longer
				suitable for its original, intended purpose nor suitable for recapping, or
				other beneficial use, as defined in W. Va. Code '17-24-2, because of
				wear, damage or defect. A tire is no longer considered to be suitable for its
				original intended purpose when it fails to meet the minimum requirements to
				pass a West Virginia motor vehicle safety inspection. Used tires located at a
				commercial recapping facility or retail tire dealer for the purpose of being
				reused or recapped are not waste tires.
2.19 "Waste Tire Chips" means tires or tire
				derived materials that have been reduced to particle sizes not greater than 2
				inches by 2 inches.
2.20 Waste Tire
				Generator means any person or persons whose activity results in the generation
				of waste tires by whatever means.
2.21. AWaste Tire Monofill@ or AMonofill@
				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.
2.22. AWaste Tire Pile@means a collection
				and/or accumulation of more than one hundred waste tires into a single location
				or given parcel or tract of land.
2.23. AWaste Tire Processing Facility@ means
				a solid waste facility or manufacturer that accepts waste tires generated by
				sources other than the owner or operator of the facility for processing by such
				means as cryogenics, pyrolysis, pyroprocessing, cutting, splitting, shredding,
				quartering, grinding or otherwise breaking down waste tires for the purposes of
				disposal, reuse, recycling or marketing.
2.24. AWaste Tire Transporter@ means any
				person who transports waste tires collected from retail tire dealers or other
				sources in this state. Waste tire transporters must be in compliance with W.
				Va. Code
				24-2-1b(a)
				to lawfully transport tires. Provided, That persons transporting waste tires
				generated by their own business activities, citizens transporting their own
				waste tires, or persons who are transporting waste tires generated from state
				authorized waste tire remediation or cleanup projects are not, in this
				instance, waste tire transporters.