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 47-38G - Waste Tire Management Rule › Section 47-38G-2 - DEFINITIONS

Current through Register Vol. XLI, No. 28, July 12, 2024
The following definitions specifically apply to this rule and
				  are listed accordingly. All other definitions unique to W. Va. Code §
									22-15-2
				  and 47 CSR 38 are fully incorporated into this rule by reference;
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 new automobiles, trucks or motorized
				recreational vehicles in the State of West Virginia.
2.3.
"Bond"
means any
				performance bond or other form of financial assurance provided by W. Va. Code
				§
									22-15-11
				and the solid waste management regulations (47 CSR 38) .
2.4.
"Chief"
means the chief of
				the office of waste management of the West Virginia division of environmental
				protection or his authorized representative.
2.5.
"Department of Transportation
				Symbol"
means the identification number placed on hew 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.
2.6.
"D.O.T. Regulated Tire"
means any tire that was originally used for those purposes defined under "tire"
				or ''used tire" or meets the definition of "waste tire" that is identified with
				a Department of Transportation Symbol.
2.7.
"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.
2.8.
"Shredded Waste Tires"
means tires or tire derived material, which has been processed by shredding to
				particle sizes not greater than 72 square inches, or approximately 6' inches by
				12 inches.
2.9.
"Storage
				Cell"
means a dedicated 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.
2.10
"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-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).
2.11.
"Tire Dealer"
means any
				person or persons engaged in the business of selling tires to an end user in
				the State of West Virginia.
2.12.
"Tire Derived Material"
means any shredded, chipped, crumb rubber
				or other such tire material that has been processed from a "tire, used tire or
				waste tire.
2.13.
"Used
				Tire"
means any tire that was originally used for the purposes defined
				under "tires", but has sufficient tread life or can be recapped for
				marketability to be safely reused for those same purposes.
2.14.
"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.
2.15.
"Waste Tire Chips"
means
				tires or tire derived materials that have been reduced to particle sizes not
				greater than 2 inches by 2 inches.
2.16.
"Waste Tire"
means any
				tire that was originally used for those purposes defined under "tire", or "used
				tire" and which has been discarded or is not suitable for its original intended
				purpose: Provided, That 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 tire dealer for the purpose of being reused
				or' recapped are not considered to be a waste tire.
2.17.
"Waste Tire Hauler"
means
				any person or persons who collects waste tires from a tire dealer or other
				sources and transports waste tires in this state, but shall not include a
				person or persons who haul waste tires generated by their own business
				activity, persons hauling their own tires, or where the hauling of waste tires
				to a solid waste facility is incidental to business activities. Provided that:
				a waste tire hauler must be a certificated motor carrier regulated by the WV
				public service commission to lawfully transport waste tires.
2.18.
"Waste Tire Monofill"
means an approved solid waste facility where waste tires are placed for the
				purpose of long term storage for "eventual retrieval for marketing purposes,
				provided that, they are not mixed with any other solid waste.
2.19.
"Waste Tire Processing Facility
				or Activity"
means a solid waste facility or activity who accepts waste
				tires generated by sources other than the owner or operator of the facility for
				processing by such means as cutting, splitting, shredding, quartering,
				grinding, etc. or otherwise breaking down waste tires for the purpose of
				disposal, reuse, recycling and/or marketing.
2.20.
"Wholesale Distributor"
means a person or persons who distribute tires to tire dealers in this state or
				to its own retail establishments in this state.