West Virginia Code of State Rules › Agency 47 - Water Resources, Division Of Water And Waste Management › Title 47 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESOURCES › Series 47-38 - Solid Waste Management Rule › Section 47-38-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
Unless the context clearly requires a different meaning, all
				  terms contained in this section are defined by their plain meaning. This
				  section contains definitions for terms that appear throughout this rule.
2.1.
"Access
Road" means any
				road used for facility access, or for the hauling of solid waste to a solid
				waste facility, including internal or infrequently used access roads to all
				monitoring and treatment appurtenances or from, a road that is under federal,
				state, or local authority.
2.2.
"Act"
means the "Solid Waste Management Act," as amended, W. Va.
				Code §
									22-15-1,
				et seq.
2.3.
"Active
				Life"
means the period of operation beginning with the initial receipt
				of solid waste and ending at completion of closure activities performed in
				accordance with section 6 of this rule.
2.4.
"Active Portion"
means
				that part of a solid waste facility that has received or is receiving wastes
				and/or has not been closed in accordance with section 6 of this rule.
2.5.
"Airport"
means any
				public-use airport open to the public without prior permission and without
				restrictions within the physical capacities of available facilities.
2.6.
"Applicant"
means the
				person applying for a commercial solid waste facility permit or similar renewal
				permit and any person related to such person by virtue of common ownership,
				common management or family relationships as the director specifies, including
				the following: Spouses, parents and children and siblings.
2.7.
"Approved Solid Waste
				Facility"
means a solid waste facility or practice which has a valid
				permit under the Act or which is otherwise authorized "to conduct solid waste
				activities under the Act.
2.8.
"Aquifer"
means a geological formation, group of formations, or
				portion "of a formation capable of yielding significant quantities of
				groundwater, to wells or springs.
2.9.
"Areas Susceptible to Mass
				Movement"
means those areas of influence (i.e., areas characterized as
				having an active or substantial possibility of mass movement) where the
				movement of earth material at, beneath, or adjacent to the SWLF, or a portion
				thereof, because of natural or man-induced events, results in the downslope
				transport of soil and rock material by means of gravitational influence. Areas
				of mass movement include, but are not limited to, landslides, avalanches,
				debris slides and flows, soil fluction, block sliding, and rock fall.
2.10.
"Asbestos"
means the asbestiform varieties of chrysotile (serpentinite) crocidolite
				(riebeckite) (erocidolite), amosite (cummingtonite-grunerite), anthophyllite,
				tremolite and actinolite.
2.11.
"Background Investigation Disclosure Statement"
means a required
				statement, on a form prescribed by the director, filed by any person or persons
				who are an applicant, permittee, operator, owner or other person of a solid
				waste facility, containing all required information for the conductance of" a
				background investigation.
2.12.
"Backhauling"
means the practice of using the same container to
				transport solid waste and to transport any substance or material used as food
				by humans, animals raised for human consumption or reusable item which may be
				refilled with any substance or material used as food by humans.
2.13.
"Bird Hazard"
means an
				increase in the likelihood of bird/aircraft collisions that may cause damage to
				the aircraft or injury to its occupants.
2.14.
"Bond"
means any
				performance bond or other form of financial assurance contemplated pursuant to
				W. Va. Code §
									22-15-12,
2.15.
"Bulking Agent"
means any
				material mixed and composted with sewage sludge.
2.16.
"Bulky Goods"
means large
				items of solid waste such as furniture, large automobile parts, water heaters,
				or other large, discarded appliances or metal products which are introduced to
				a solid waste landfill for disposal and whose large size precludes, or
				complicates their handling.
2.17.
"Category I Nonfriable Material"
means asbestos-containing
				materials such as packing, gaskets, asphalt roofing, and vinyl-floor covering,
				containing one or more percent asbestos, which is not in poor condition and is
				not friable.
2.18.
"Category
				I Nonfriable Material"
means asbestos-containing materials such as
				transite siding, transite roofing, and brittle vinyl floor covering, containing
				one or more percent asbestos, which is not friable but likely to become
				crumbled, pulverized, or reduced to powder during demolition or
				disposal.
2.19.
"Chief"
means the chief of the Office of Waste Management of the West
				Virginia Division of Environmental Protection ox-the chief's authorized
				representative.
2.20.
"Class
A Solid Waste Facility" means a commercial solid waste facility
				which handles an aggregate of between ten thousand (10,000) and thirty thousand
				(30,"000) tons of solid waste per month. Class A facility includes two or more
				Class B solid waste landfills owned or operated by the same person in the same
				county, if the aggregate tons of solid waste handled per month by such
				landfills exceeds nine thousand nine hundred ninety-nine tons of solid waste
				per month.
2.21.
"Class B
				Solid Waste Facility"
means a commercial solid waste facility which
				receives or is expected to receive an average daily quantity of mixed solid
				waste equal to or exceeding one hundred (100) tons each working day, or serves
				or is expected to serve a population equal to or exceeding forty thousand
				(40,000) persons, but which does not receive solid waste exceeding ah aggregate
				of ten thousand (10,000) tons per month. Class B facilities do not include
				construction/demolition facilities: Provided; That the definition of Class B
				facility may include such reasonable subdivisions or subclassifications as the
				director may establish by legislative rule proposed in accordance with the
				provisions of W." Va. Code §29A-1-1 et seq.
2.22.
"Class C Solid Waste
				Facility"
means a commercial solid waste facility which receives or is
				expected to receive an average daily quantity of mixed solid waste of less than
				one hundred (100) tons each working day, and serves or is expected to serve a
				population of less than forty thousand (40,000) persons. Class C solid waste
				facilities do not include construction/demolition facilities.
2.23.
"Class D Solid Waste
				Facility"
means any solid waste facility for the disposal of only
				construction/demolition waste and shall not include the legitimate beneficial
				reuse of clean waste concrete/masonry substances for the purpose of structural
				fill or roadbase material. Such facilities are further defined as follows:
2.23.1.
"Class D-1 Solid Waste
				Facility"
means a commercial or noncommercial facility other than a
				Class D solid waste facility permitted pursuant to section 3.1G.5.d.