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 33-03 - Yard Waste Composting Rule › Section 33-3-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
All definitions in W. Va. Code '22-15-2 and all
				  definitions in '33CSR1 and '33CSR2 are fully incorporated into this rule by
				  reference. The following additional definitions apply to this rule:
2.1. "Buffer Zone" means the distance between
				the composting operation and the adjacent property boundaries.
2.2. "Commercial Yard Waste Composting
				Facility" means any solid waste facility which is authorized to handle or
				accept up to thirty-six thousand (36,000) tons per year of yard waste and/or
				other compostable solid waste materials generated by sources other than the
				owner or operator of the facility, provided that, a commercial yard waste
				composting facility does not include an approved solid waste facility owned and
				operated by a person for the sole purpose of composting yard waste created by
				that person or other persons on a cost-sharing or nonprofit basis and shall not
				include land upon which finished compost is applied for use as a soil
				amendment/soil conditioner.
2.3.
				"Domestic yard waste" means yard wastes generated in small quantities by the
				resident or tenant of residential property.
2.4. "Non-residential composting activities"
				means a composting activity by persons such as landscape contractors, nurseries
				or greenhouses, lawn and garden companies, solid waste authorities and
				municipalities which are authorized to compost up to twelve thousand (12,000)
				tons per year of yard waste materials consisting of grass clippings, weeds,
				leaves, brush/shrub or tree prunings and other acceptable compostable materials
				which have been approved in writing by the Chief to produce a safe product for
				use as a soil amendment/soil conditioner.
2.5. "Nuisance" means any practice or
				condition created by a composting facility or activities which results in dust,
				dirt, mud, infectious molds, bacteria or fungi, or offensive odor, or attracts
				vectors such as insects, rodents, snakes or in any way interferes with the
				normal use of any properties or causes harm or injury to any person or the
				environment.
2.6. "Runoff" means
				any flowing water and associated contaminants originating from any part of the
				solid waste facility or activity that drains over the land.
2.7. "Run-on" means any rainwater, snow melt,
				wastewater, leachate or other liquid that drains over land onto any part of the
				compost facility.
2.8. "Soil
				amendment/soil conditioner" means an organic matter source or yard waste
				compost that when added to the soil improves the general physical, chemical and
				biological properties of the soil.
2.9. "Yard waste composting" means the
				controlled decomposition of yard waste to produce a stable and beneficial
				humus-like material.
2.10. "Yard
				waste" means grass clippings, weeds, leaves, brush, garden waste, shrub or tree
				prunings and other living or dead plant tissues, except that, such materials
				which, due to inadvertent contamination or mixture with other substances which
				render the waste unsuitable for composting, shall not be considered to be yard
				waste: Provided, That the same or similar waste generated by commercial
				agricultural enterprises is excluded.
2.11. "Windrow" means an elongated pile
				created by the placement of yard waste.