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 33-01 - Solid Waste Management Rule › Section 33-1-2 - 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," 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. "Anomalous Event" means an accidental,
				inadvertent, involuntary, unanticipated, unexpected, uncontrolled,
				unintentional, or unplanned event that has an adverse effect upon the operation
				of the landfill or the environment.
2.7. "Applicant" means the person applying
				for a commercial or noncommercial 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 Secretary
				specifies, including the following: spouses, parents and children and
				siblings.
2.8. "Approved Solid
				Waste Facility" means a solid waste facility or practice that has a valid
				permit under the Act.
2.9.
				"Aquifer" means a geological formation, group of formations, or portion of a
				formation capable of yielding significant quantities of ground-water to wells
				or springs.
2.10. "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 fluxion, block sliding, and rock
				fall.
2.11. "Asbestos" means the
				asbestiform varieties of serpentinite, chrysotile, riebeckite, crocidolite,
				cummingtonite-grunerite, anthophyllite, and actinolite tremolite.
2.12. "Background Investigation Disclosure
				Statement" means a required statement, on a form prescribed by the Secretary,
				filed by any person or persons who is an applicant, permittee, operator, owner
				or other person of a solid waste facility, containing all required information
				for the conductance of a background investigation.
2.13. "Back hauling" 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.
2.14. "Best Management Practices" ("BMPs")
				means schedules of activities, prohibitions, required practices, maintenance
				and operational procedures, and other waste management practices utilized to
				prevent or reduce the pollution of waters of the State or other environmental
				impacts.
2.15. "Bird Hazard" means
				an increase in the likelihood of bird/aircraft collisions that may cause damage
				to the aircraft or injury to its occupants.
2.16. "Bond" means any performance bond or
				other form of financial assurance contemplated pursuant to W. Va. Code §
									22-15-12.
2.17. "Bulking Agent" means any material
				mixed and composted with sewage sludge.
2.18. "Bulky Goods" means items or materials
				that cannot be reasonably and conveniently collected during regularly scheduled
				weekly pickups, including any of the following discarded items: refrigerators,
				washing machines, clothes dryers, dishwashers, ovens, stoves, microwave ovens,
				and other appliances; air conditioners; bicycles; furniture; waste tires off
				the rim, having a radius of no more than 16.5 inches, from automobiles, from
				pickup trucks, from motorcycles, from all-terrain vehicles, and from farm
				tractors; and other items, not included above, that are at least three (3) feet
				in length, width, or height, or at least fifty (50) pounds in weight. "Bulky
				goods" do not include:
(a) automotive
				components, parts, or frames that weigh at least two hundred (200) pounds
				each;
(b) automotive parts, such as
				motors and transmissions, that have a high density;
(c) hazardous waste;
(d) items that can be easily divided and
				placed into bags, boxes, or other containers, less than three (3) feet high,
				long or wide that, with contents, weigh less than fifty (50) pounds each;
				and
(e) construction and demolition
				debris generally.