West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-NA - State Register Filings › Section 58-NA-2 - Definition of Hazardous Waste

Current through Register Vol. XLI, No. 28, July 12, 2024
2.01.
Deed and Lease Disclosures
- For the purposes of
				Section 20 of Chapter 20, Article 5B, pertaining to deed and lease disclosures,
				the term "hazardous waste" shall have the same meaning as it has in the
				regulations promulgated by the Environmental Protection Agency at
				40 CFR §
										261.3 except that persons will not be subject
				to such disclosure requirements if the activity engaged in falls within one of
				the specific exclusions described at
				40
				CFR §
										122.21.
2.02.
Hazardous Waste Management
				Study
- For purposes of Section 5(e) and 5(f) of Chapter 20,
				Article 5E, the term "hazardous waste" shall mean a waste or combination of
				wastes, which because of its quantity, concentration or physical or infectious
				characteristics, may (a) cause, or significantly contribute to, an increase in
				mortality or an increase in serious irreversible or incapacitating reversible
				illness; or (b) pose a substantial present or potential hazard to human health
				or the environment when improperly treated, stored, transported, disposed of or
				otherwise managed, and as defined in
				40 CFR §
										261.3,
2.03.
Monitoring and
				Analysis
- For the purposes of Section 13 of Chapter 20, Carticle
				5E, pertaining to monitoring and analysis, the term "hazardous waste" shall
				mean a waste or combination of wastes, which because of its quantity,
				concentration or physical, chemical or infectious characteristics , may (a)
				cause, or significantly contribute to, an increase in mortality or an increase
				in serious irreversible, or incapacitating reversible illness; or (b) pose a
				substantial present or potential hazard to human health or the environment when
				improperly treated, stored, transported, disposed of or otherwise managed, and
				as defined in
				40 CFR §
										261.3.
2.04.
Inspections
-
				For the purposes of Section 12 of Chapter 20, Article 5E, pertaining to
				inspections, the term "hazardous waste" shall mean a waste or combination of
				wastes, which because of its quantity, concentration or physical, chemical or
				infectious characteristics, may (a) cause, or significantly contribute to, an
				increase in mortality or an increase in serious irreversible, or incapacitating
				reversible illness; or (b) pose a substantial present or potential hazard to
				human health or the environment when improperly treated, stored, transported,
				disposed of or otherwise managed, and as defined in
				40 CFR §
										261.3
2.05.
Imminent and Substantial
				Hazards
- For the purposes of Section 17 of Chapter 20, Article
				5E, pertaining to imminent and substantial hazards, the term "hazardous waste"
				shall mean a waste or combination of wastes, which because of its quantity,
				concentration or physical, chemical or infectious characteristics, may (a)
				cause, or significantly contribute to, an increase in mortality or an increase
				in serious irreversible, or incapacitating reversible illness; or (b) pose a
				substantial present or potential hazard to human health or the environment when
				improperly treated, stored, transported, disposed of or otherwise managed, and
				as defined in
				40 CFR §
										261.3.