W. Va. Code R. § 33-1-2 - Definitions

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.

2.19. "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.

2.20. "Category II 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.

2.21. "Chief" means the Director of the Division of Water and Waste Management of the West Virginia Department of Environmental Protection or his or her authorized representative.

2.22. "Class A Solid Waste Facility" means a commercial solid waste facility that 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 (9,999) tons of solid waste per month.

2.23. "Class B Solid Waste Facility" means a commercial solid waste facility that 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 that does not receive solid waste exceeding an 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 Secretary may establish by legislative rule proposed in accordance with the provisions of W. Va. Code § 29A-1-1 et seq.

2.24. "Class C Solid Waste Facility" means a commercial solid waste facility that 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.

2.25. "Class D Solid Waste Facility" means any noncommercial solid waste facility for the disposal of only construction/demolition waste in an area no greater than two (2) acres in size and not exceeding the height of the adjoining ground elevation.

2.26. "Class D-1 Solid Waste Facility" means a commercial or noncommercial solid waste facility for the disposal of only construction/demolition waste permitted pursuant to paragraph 3.16.e.4 below.

2.27. "Class E Solid Waste Facility" means any solid waste facility for the purpose of recycling at which neither land disposal nor biological, chemical, or thermal transformation of solid waste occurs.

2.28. "Class F Solid Waste Facility" means any industrial solid waste disposal facility.

2.29. "Clean Water Act" or "CWA" means the "Federal Water Pollution Control Act," as amended, 33 U.S.C. §1251, et seq.

2.30. "Coal Combustion By-Products" means the residuals, including fly ash, bottom ash, bed ash, and boiler slag flue gas emission control waste produced by coal-fired or coal/gas-fired electrical or steam generating units. For non-electrical steam generating units burning a combination of solid waste and coal, a carbon monoxide (CO) level of less than or equal to one hundred parts per million (100 ppm) on a 24-hour average basis is required for the by-products to meet this definition. The carbon monoxide level must be calculated on a dry gas basis corrected to seven percent (7%) oxygen.

2.31. "Coal Combustion By-Product Facility" means a facility for the disposal of coal combustion by-products, including coal combustion by-product landfills and coal combustion by-product disposal surface impoundments, and does not include the legitimate beneficial use of coal combustion by-products.

2.32. "Commercial Composting Facility" means any solid waste facility processing solid waste by composting, including sludge composting, organic waste or yard waste composting, but does not include a composting facility owned and operated by a person for the sole purpose of composting waste created by that person or such persons on a cost sharing or non-profit basis and shall not include land upon which finished or matured compost is applied for use as a soil amendment or conditioner.

2.33. "Commercial Recycler" means any person, corporation or business entity whose operation involves the mechanical separation of materials for the purpose of reselling or recycling at least seventy percent (70%) by weight of the materials coming into the recycling facility.

2.34. "Commercial Solid Waste" means all types of solid waste generated by stores, offices, restaurants, warehouses, and other nonmanufacturing activities, excluding residential wastes.

2.35. "Commercial Solid Waste Facility" means any solid waste facility that accepts solid waste generated by sources other than the owner or operator of the facility and does not include an approved solid waste facility owned and operated by a person for the sole purpose of the disposal, processing or composting of solid wastes created by that person or such person and other persons on a cost-sharing or nonprofit basis and does not include land upon which reused or recycled materials are legitimately applied for structural fill, road base, mine reclamation, and similar applications.

2.36. "Composite Liner" means a system consisting of two components; the upper component must consist of a minimum 60-mil high density polyethylene (HDPE) and the lower component must consist of at least a two-foot layer of compacted soil with a hydraulic conductivity of no more than 1X10⁷ cm/sec. The HDPE component must be installed in direct and uniform contact with the compacted soil component.

2.37. "Composting" means the aerobic, thermophilic decomposition of natural constituents of solid waste to produce a stable, humus-like material.

2.38. "Construction/Demolition Waste" means waste building materials, packaging, and grubbing waste resulting from construction, remodeling, repair, and demolition operations on houses, commercial, and industrial buildings, including, but not limited to, wood, plaster, bricks, blocks and concrete, and other masonry materials, but does not include asbestos-containing materials, household furnishings, burnt debris, material containing lead-based paint, pressure-treated wood, contaminated solid waste, yard waste or waste tires, and other items listed in subdivision 5.4.a below.

2.38.a. "Covered Electronic Device" means a television, computer or video display device with a screen that is greater than four inches measured diagonally. 'Covered electronic device' does not include a video display device that is part of a motor vehicle or that is contained within a household appliance or commercial, industrial or medical equipment.

2.39. "Cover Material" means soil or other material approved by the Secretary and used in a controlled manner to cover solid waste at solid waste disposal facilities.

2.40. "Department" means the West Virginia Department of Environmental Protection.

2.41. "Disease Vectors" or "Vector" means any rodents, flies, mosquitoes, or other animals, including insects, capable of transmitting disease to humans.

2.42. "Displacement" means the relative movement of any two sides of a fault measured in any direction.

2.43. "Disposal" means the discharge, deposit, injection, dumping, spilling, leaking or placing of any solid waste into or on any land or water so that such solid waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including groundwaters.

2.44. "Division" means the Division of Water and Waste Management of the West Virginia Department of Environmental Protection.

2.45. "Endangered or Threatened Species" means any endangered or threatened species of animal or plant, as defined in 50 CFR §17.3, and includes those species listed as endangered or threatened in 50 CFR Part 17.

2.46. "Energy Recovery Incinerator" means any solid waste facility at which solid wastes are incinerated with the intention of using the resulting energy for the generation of steam, electricity or any other use not specified herein.

2.47. "Existing SWLF" means any solid waste landfill that is currently depositing solid waste.

2.48. "Fault" means a fracture or a zone of fractures in any material along which strata on one side have been displaced with respect to that on the other side.

2.49. "Floodplain" means the lowland and relatively flat areas adjoining waters of the state that may be inundated by the 100-year flood.

2.50. "Friable Asbestos" means any friable solid waste material containing more than one percent (1%) asbestos by weight that hand pressure can crumble, pulverize, or reduce to powder when dry.

2.51. "Gas Condensate" means the liquid generated as a result of gas recovery process(es) at the SWLF.

2.52. "Generator" means any person or facility whose act or process produces solid waste, or whose act first causes a solid waste to become subject to regulation.

2.53. "Groundwater" means any water occurring in the zone of saturation beneath the seasonal high water table, or any perched water zones, or water below the land surface in a zone of saturation.

2.54. "Holocene" means the most recent epoch of the Quaternary Period, extending from the end of the Pleistocene Epoch to the present.

2.55. "Household Waste" means any solid waste (including garbage, trash, and sanitary waste in septic tanks) derived from households (including single and multiple residences, hotels and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds, and day-use recreation areas).

2.56. "Incineration Technologies" means any technology that uses controlled flame combustion to thermally break down solid waste, including refuse-derived fuel, to an ash residue that contains little or no combustible materials, regardless of whether the purpose is processing, disposal, electric or steam generation or any other method by which solid waste is incinerated.

2.57. "Incinerator" means an enclosed device using controlled flame combustion to thermally break down solid waste, including refuse-derived fuel, to an ash residue that contains little or no combustible materials.

2.58. "Industrial Solid Waste" means any solid waste generated by manufacturing, or industrial processes that is not a hazardous waste regulated under subtitle "C" of the Resource Conservation and Recovery Act (RCRA). Such wastes may include, but are not limited to, waste resulting from factories, processing plants, refineries, fertilizer/agricultural chemicals; food and related products/by-products; inorganic chemicals; iron and steel manufacturing; leather and leather products; nonferrous metals, manufacturing/foundries; organic chemicals; slaughter houses, mills, tanneries, electric power generating plants, mines, or mineral processing operations; plastics and resins manufacturing; pulp and paper industry; rubber and miscellaneous plastic products; stone, glass, clay and concrete products; textile manufacturing; transportation equipment; and water treatment. This term does not include mining waste or oil and gas waste.

2.59. "Industrial Solid Waste Landfill" means any solid waste disposal facility that is owned, operated, or leased by an industrial establishment for the land disposal of industrial solid waste created by that person or such person and other persons on a cost-sharing or nonprofit basis. The term "industrial solid waste landfill" does not include land application units, surface impoundments, or injection wells.

2.60. "Infectious Medical Waste" means infectious medical waste that is capable of producing an infectious disease. Medical waste is considered capable of producing an infectious disease if it has been, or is likely to have been, contaminated by an organism likely to be pathogenic to healthy humans, if such organism is not routinely and freely available in the community, and such organism has a significant probability of being present in sufficient quantities and with sufficient virulence to transmit disease. For the purposes of this rule, infectious medical waste includes the following materials:

2.60.a. "Animal Carcasses, Body Parts, Bedding and Related Waste" means contaminated animal carcasses, body parts, and the bedding of animals that are known to have been exposed to infectious agents during research, the production of biologicals or the testing of pharmaceuticals, or for any other reason.

2.60.b. "Blood and Blood Products" means liquid waste human blood and blood products in a free-flowing or unabsorbed state.

2.60.c. "Laboratory Wastes" means cultures and stocks of infectious agents and associated biologicals including, but not limited to, cultures from medical and pathological laboratories, cultures and stocks of infectious agents from research and industrial laboratories, wastes from the production of biologicals, and discarded live and attenuated vaccines.

2.60.d. "Cultures and Stocks of Microorganisms and Biologicals" means discarded cultures, stocks, specimens, vaccines and associated items likely to have been contaminated by an infectious agent, discarded etiologic agents, and wastes from the production of biologicals and antibiotics likely to have been contaminated by an infectious agent.

2.60.e. "Pathological Wastes" means human pathological wastes, including tissues, organs, body parts, and containers of body fluids exclusive of those fixed in formaldehyde or another fixative.

2.60.f. "Sharps" means discarded articles that may cause punctures or cuts and that have been used in animal or human patient care or treatment, or in pharmacies or medical, research, or industrial laboratories, including, but not limited to, hypodermic needles, syringes with attached needles, scalpel blades, lancets and broken glassware.

2.60.g. "Isolation Wastes" means wastes generated from the care of a patient who has or is suspected of having any disease listed as Class IV in "Classification of Etiologic Agents on the Basis of Hazard" published by the United States Centers for Disease Control.

2.60.h. "Other Infectious Wastes" includes, but is not limited to. any residue or contaminated soil, water, or other debris resulting from the cleanup of a spill of any infectious medical waste, and waste contaminated by or mixed with infectious medical waste.

2.61. "Karst Region" means a type of topography that is formed over limestone or dolomite by dissolution of the formation and is characterized by sinkholes, caves, and similar features.

2.62. "Karst Terranes" means areas where karst topography, with its characteristic surface and subterranean features, is developed as the result of dissolution of limestone, dolomite, or other soluble rock. Characteristic physiographic features present in karst terranes include, but are not limited to, sinkholes, sinking streams, caves, large springs, and blind valleys.

2.63. "Land Application" means the application of liquid wastes onto a soil surface or the incorporation of solid waste into the soil surface for treatment and disposal.

2.64. "Landfill" means any solid waste facility or part of one at which solid waste or its residue after treatment is intentionally used for disposal on or in the land for the purpose of permanent disposal. Such facility is situated, for the purposes of this rule, in the county where the majority of the spatial area of the facility is located. The term "landfill" does not include a land application unit or injection well.

2.65. "Lateral Expansion" means a horizontal expansion of the waste boundaries of an existing SWLF.

2.66. "Leachate" means any liquid that has come into contact with, passed through or emerged from solid waste and contains soluble, suspended, or miscible materials removed from such waste.

2.67. "Lift" means the vertical thickness of compacted solid waste and the cover material immediately above it.

2.68. "Liner" means a continuous layer of natural or manmade materials beneath or on the sides of a surface impoundment, landfill or landfill cell, which restricts the downward or lateral escape of solid waste, any constituents of such waste or leachate and which complies with this rule.

2.69. "Liquid Waste" means any waste material that is determined to contain "free liquids" as defined by Method 9095 (Paint Filter Liquids Test), as described in "Test Methods for Evaluating Solid Wastes, Physical/Chemical Methods" (EPA Pub. No. SW-846).

2.70. "Lithified Earth Material" means all rock, including all naturally occurring and naturally formed aggregates or masses of minerals or small particles of older rock that formed by crystallization of magma or by induration of loose sediments. This term does not include manmade materials such as fill, concrete, and asphalt, or unconsolidated earth materials, soil or regolith lying at or near the earth surface.

2.71. "Lower Explosive Limit" ("LEL") means the lowest percent by volume of a mixture of explosive gases in air that will propagate a flame at twenty-five degrees centigrade (25° C) and atmospheric pressure.

2.72. "Major Alluvial Aquifer" means an aquifer composed of alluvial materials located adjacent to West Virginia rivers, such as the Kanawha River, Little Kanawha River, and Ohio River as depicted on Groundwater Hydrology of the Minor Tributary Basins of those rivers.

2.73. "Major Domestic Use Aquifer" means an aquifer that serves as a domestic or public water supply serving at least an average of twenty-five (25) individuals per day for at least sixty (60) days per year, or that has at least fifteen (15) service connections.

2.74. "Major Modification" is a modification to an approved permit in which a major change to the permit is to occur as specified in subsection 3.18 of this rule.

2.75. "Materials Recovery Facility" means any solid waste facility at which source-separated materials or materials recovered through a mixed waste processing facility are manually or mechanically shredded or separated for purposes of reuse and recycling, but does not include a composting facility.

2.76. "Maximum Horizontal Acceleration in Lithified Earth Material" means the maximum expected horizontal acceleration depicted on a seismic hazard map, with a ninety percent (90%) or greater probability that the acceleration will not be exceeded in two hundred fifty (250) years, or the maximum expected horizontal acceleration based on a site-specific seismic risk assessment.

2.77. "Mixed Solid Waste" means solid waste from which materials sought to be reused or recycled have not been source-separated from general solid waste.

2.78. "Mixed Waste Processing Facility" means any solid waste facility at which materials are recovered from mixed solid waste through manual or mechanical means for purposes of reuse, recycling or composting.

2.79. "Municipal Solid Waste" means any household or commercial solid wastes as defined in this rule and any sludge from a waste treatment plant or a water supply treatment plant.

2.80. "Municipal Solid Waste Incineration" means the burning of any solid waste collected by any municipal or residential solid waste disposal company.

2.81. "New SWLF" means any solid waste landfill facility that has not received waste prior to the effective date established in subsection 1.4 of this rule.

2.82. "Noncommercial Solid Waste Facility" means any approved solid waste facility owned and operated by a person for the sole purpose of disposing of solid wastes created by that person or such person and other persons on a cost-sharing or nonprofit basis.

2.83. "Open Burning" means the combustion of solid waste without:

2.83.a. Control of combustion air to maintain adequate temperature for efficient combustion;

2.83.b. Containment of the combustion reaction in an enclosed device to provide sufficient residence time and mixing for complete combustion; and

2.83.c. Control of the emission of the combustion products.

2.84. "Open Dump" means any solid waste disposal that does not have a permit under W. Va. Code § 22-15-1 et seq., and is not otherwise authorized by an order of the Secretary; or is in violation of state law; or where solid waste is disposed in a manner that does not protect the environment.

2.85. "Operator" means the person(s) responsible for the overall operation of a solid waste facility or part thereof.

2.86. "Operating Hours" means the predetermined period of time specified by the facility permit or other such approval by the Secretary during which activities may be conducted at a solid waste facility. These activities are not limited to the actual process of disposal.

2.87. "Owner" means the person(s) who owns a solid waste facility or part thereof.

2.88. "Perennial Stream" means a stream or a portion of a stream that flows continuously or that under normal conditions supports aquatic life whose life history requires residence in flowing water for a continuous period of at least six (6) months.

2.89. "Permittee" means any person holding a permit or who is otherwise authorized to conduct solid waste activities under the Act.

2.90. "Persistent Violation" means any violation of the Act, this rule, any permit term or condition, or any order of the Secretary that is identified during two or more consecutive inspections performed by the Secretary.

2.91. "Person," or "Persons," means:

2.91.a. Any industrial user, public or private corporation, institution, association, firm, or company organized or existing under the laws of this or any other state or country;

2.91.b. The State of West Virginia;

2.91.c. Any governmental agency, including federal facilities;

2.91.d. Any political subdivision of this State, including county commission, municipal corporation, industry, sanitary district, public service district, drainage district, soil conservation district, or watershed improvement district;

2.91.e. Any partnership, trust, or estate;

2.91.f. Any person or individual;

2.91.g. Any group of persons or individuals acting individually or as a group; or

2.91.h. Any legal entity whatever.

2.92. "Petroleum" means petroleum, including crude oil or any fraction thereof that is liquid at standard conditions of temperature and pressure (sixty degrees Fahrenheit (60° F) and fourteen and seven-tenths pounds per square inch absolute (14.7 psia)) and pipeline liquids. The term includes any refined petroleum products.

2.93. "Petroleum-Contaminated Soil" means any soil, dirt, rock or other earthen material that contains more than a de minimis amount of petroleum (one hundred parts per million (100 ppm) petroleum hydrocarbons or less) and that is not a hazardous waste.

2.94. "Point Source" means any discernible, confined, and discrete conveyance including, but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock or vessel, floating craft or system or landfill leachate collection system from which pollutants are or may be discharged to the waters of the State.

2.95. "Poor Foundation Conditions" means those areas where features exist that indicate that a natural or man-induced event may result in inadequate foundation support for the structural components of a SWLF.

2.96. "Post-Closure" means activities after the closure of a solid waste facility that are necessary to ensure compliance with the provisions of the Act and any rules promulgated thereunder, including the application of final cover, grading, revegetation, groundwater monitoring, surface water monitoring, gas monitoring and control, leachate treatment, erosion control, and the abatement of any pollution or degradation to land, water, air or other natural resources.

2.97. "Publicly-Owned Treatment Works" or "POTW" means any treatment works owned by the State or any political subdivision thereof, any municipality or any other public entity that processes raw, domestic, industrial or municipal sewage by any artificial or natural processes in order to remove or so alter constituents as to render the waste less offensive or dangerous to the public health, comfort or property of any of the inhabitants of this State, before the discharge of the plant effluent into any of the waters of this State, and that produces sewage sludge.

2.98. "Q.A./Q.C." means "quality assurance and quality control."

2.99. "Qualified Groundwater Scientist" is a scientist or engineer who has received a baccalaureate or postgraduate degree in the natural sciences or engineering and has sufficient training and experience in groundwater hydrology and related fields as may be demonstrated by state registration, professional certification(s), or completion of accredited university programs that enable that individual to make sound professional judgments regarding groundwater monitoring, contaminant fate and transport, and corrective action.

2.100. "Receiving Hours" means the period of time designated by the facility solid waste permit, or otherwise approved by the Secretary, within the operating hours that the solid waste facility accepts solid waste for disposal.

2.101. "Recycle" means the process by which recovered products are transformed into new products and includes the collection, separation, recovery, and sale or reuse of metals, glass, paper, and other materials.

2.102. "Recycling Facility" means any solid waste facility for the purpose of recycling at which neither land disposal nor biological, chemical, or thermal transformation of solid waste occurs: Provided, That mixed waste recovery facilities, sludge processing facilities and composting facilities are not considered recycling facilities or to be reusing or recycling solid waste within the meaning of W. Va. Code §§ 22-15-1 et seq., 22C-4-1 et seq., and 20-11-1 et seq.

2.103. "Regulated Asbestos-Containing Material" is defined as friable asbestos material; Category I nonfriable asbestos-containing material that has become friable; Category I nonfriable asbestos-containing material that has become friable; Category I nonfriable asbestos-containing material that will be or has been subjected to sanding, grinding, cutting or abrading; and Category II nonfriable asbestos-containing material that has a high probability of becoming or has become crumbled, pulverized, or reduced to powder by the forces expected to act on the material in the course of demolition or renovation operations.

2.104. "Regulated Hazardous Waste" means a solid waste that is a hazardous waste, as defined in 40 CFR §261.3, that is not excluded from regulation as a hazardous waste under 40 CFR §261.4 (b).

2.105. "Resource Recovery Facility" means any solid waste facility at which solid wastes are physically, mechanically, biologically, chemically, or thermally transformed for the purpose of separating, removing or creating any material or energy for reuse or sale and at which land disposal of solid waste does not occur. Resource recovery facilities include incinerators equipped with integral or separate heat recovery systems, and other such solid waste facilities not herein specified, but does not include sewage sludge processing facilities.

2.106. "Run-off" means any rainwater, leachate, or other liquid that drains over land from any part of a facility.

2.107. "Run-on" means any rainwater, leachate or other liquid that drains over land onto any part of a facility.

2.108. "Salvage" means, but is not limited to, scrap copper, brass, rope, rags, paper, rubber, junked, dismantled or wrecked machinery, machine or motor vehicles or any parts thereof; or iron, steel and other scrap ferrous or nonferrous materials.

2.109. "Salvage Yard" means any facility that is maintained, operated or used for the storing, buying, selling or processing of salvage materials or for the operation and maintenance of a motor vehicle graveyard, at which only mechanical processing of solid waste takes place and where no solid waste is disposed of on-site.

2.110. "Saturated Zone" means that part of the earth's crust in which all voids are filled with water.

2.111. "Scale" or "Scale House" means the area of the facility where waste initially enters the premises and the total and tare weights are determined and a receipt of deposit is generated.

2.112. "Schedule of Compliance" or "Compliance Schedule" means a list of activities approved or ordered by the Secretary, which may include dates or specified times for completion of each or all activities that, when completed, will result in a site, facility or practice that is environmentally sound and conforms to the requirements of the Act, this rule, or permit terms and conditions.

2.113. "Secretary" means the Secretary of the West Virginia Department of Environmental Protection or such other person to whom the Secretary has delegated authority or duties pursuant to W. Va. Code § 22-1-6 or § 22-1-8. For the purpose of this rule, the term "Secretary" also means the administrator of the West Virginia's solid waste permit program in the administration of sections 2002 and 4005 of RCRA.

2.114. "Seismic Impact Zone" means an area with a ten percent (10%) or greater probability that the maximum horizontal acceleration in lithified earth material, expressed as a percentage of the earth's gravitational pull will exceed 0.10g in a two hundred fifty (250) year period.

2.115. "Sewage" means water-carried human or animal wastes from residences, buildings, industrial establishments or other places together with such groundwater infiltration and surface waters as may be present.

2.116. "Sewage Sludge" means any solid, semi-solid or liquid residue generated during the treatment of domestic sewage in a treatment works. Sewage sludge includes, but is not limited to, domestic septage, scum or solids removed in primary, secondary or advanced wastewater treatment processes and a material derived from sewage sludge. "Sewage sludge" does not include ash generated during the firing of sewage sludge in a sewage sludge incinerator.

2.117. "Sewage Sludge Processing Facility" is a solid waste facility that processes sewage sludge for land application, incineration or disposal at an approved landfill. Such processes include, but are not limited to, composting, lime stabilization, thermophilic microbial and anaerobic digestion.

2.118. "Sludge" means any solid, semi-solid or liquid waste or residue or precipitate generated from or separated from or created by a municipal, commercial, or industrial wastewater treatment plant, water supply treatment plant or air pollution control facility or any other such waste having similar source, exclusive of the treated effluent from a wastewater treatment plant.

2.119. "Solid Waste" means any garbage, paper, litter, refuse, cans, bottles, waste processed for the express purpose of incineration; sludge from a waste treatment plant, water supply treatment plant or air pollution control facility; and other discarded materials, including carcasses of any dead animal or any other offensive or unsightly matter; solid, liquid, semisolid, or contained liquid or gaseous material resulting from industrial, commercial, mining or agricultural operations and community activities. The term "solid waste" does not include:

2.119.a. Solid or dissolved materials in sewage;

2.119.b. Solid or dissolved materials in irrigation return flows;

2.119.c. Industrial discharges that are point sources and have permits under W. Va. Code § 22-11-1 et seq., or are subject to permit under 33 U.S.C. §1342;

2.119.d. Source, special nuclear, or by-product material as defined by the Atomic Energy Act of 1954, as amended, ( 42 U.S.C. §2014) including any nuclear or by-product material considered by federal standards to be below regulatory concern;

2.119.e. A hazardous waste either identified or listed under W. Va. Code § 22-18-1 et seq. and the rules promulgated thereunder;

2.119.f. Refuse, slurry, overburden, or other wastes or material -- resulting either from coal-fired electric power or steam generation, or from the exploration, development, production, storage, and/or recovery of coal, oil and gas and/or other mineral resources -- that are placed or disposed of at a facility that is regulated by W. Va. Code §§ 22-2-1 et seq., 22-3-1 et seq., 22-4-1 et seq., 22-6-1 et seq., 22-7-1 et seq., 22-8-1 et seq., 22-9-1 et seq., 22-10-1 et seq., 22A-1-1 et seq., 22C-2-1 et seq., 22C-7-1 et seq., 22C-8-1 et seq., or 22C-9-1 et seq., so long as such placement or disposal is in conformance with a permit issued pursuant to such chapters; and

2.119.g. Materials that are recycled by being used or reused in an industrial process to make a product, as effective substitutes for commercial products, or are returned to the original process as substitutes for raw material feedstock.

2.120. "Solid Waste Disposal" means the practice of disposing of solid waste including placing, depositing, dumping or throwing or causing to be placed, deposited, dumped, or thrown any solid waste.

2.121. "Solid Waste Disposal Shed" means a geographical area that the Solid Waste Management Board designates as provided in W. Va. Code § 22C-3-9 for solid waste management.

2.122. "Solid Waste Disposal Surface Impoundment" means a natural depression or manmade excavation or diked area that is designed for the disposal of solid waste containing free liquids and that is not an injection well, landfill, land application unit, or a surface impoundment as defined in section 2 of this rule.

2.123. "Solid Waste Facility" means any system, facility, land, contiguous land, improvements on the land, structures or other appurtenances or methods used for processing, recycling or disposing of solid waste, including landfills, solid waste disposal surface impoundments, transfer stations, incinerators, recycling facilities, materials recovery facilities, mixed waste processing facilities, sewage sludge processing facilities, commercial composting facilities and other such facilities not herein specified, but not including land upon which sewage sludge is applied in accordance with W. Va. Code § 22-15-20. Such facility is deemed to be situated, for purposes of this rule, in the county where the majority of the spatial area of such facility is located: Provided, That a salvage yard, licensed and regulated pursuant to the terms of W. Va. Code § 17-23-1 et seq., is not a solid waste facility.

2.124. "Solid Waste Landfill Facility (SWLF)" means a discrete area of land or portion thereof or an excavation that receives household waste and that is not a land application facility, surface impoundment, injection well, or waste pile. A SWLF may also receive other types of RCRA subtitle D solid wastes, such as commercial solid wastes, nonhazardous sludge, small quantity generator wastes, and industrial solid wastes. Such a publicly or privately owned landfill may be a new SWLF, an existing SWLF, or a lateral expansion.

2.125. "Solid Waste Facility Operator" means any person or persons possessing or exercising operational, managerial or financial control over a commercial solid waste facility, whether or not such person holds a certificate of convenience and necessity or a permit for such facility.

2.126. "Source-Separated Materials" means materials separated from general solid waste at the point of origin for the purpose of reuse and recycling, but does not mean sewage sludge.

2.127. "Staging Area" means an area or facility where solid waste is temporarily stored, sorted and/or processed for transport to a solid waste facility. Staging areas are prohibited unless specifically approved or permitted by the Secretary.

2.128. "Storage" or "Storage Area" means the interim storage of solid waste at a permitted or nonpermitted solid waste facility on a temporary basis. Any storage that exceeds one hundred eighty (180) days, without the prior written approval of the Secretary, in such a manner, constitutes illegal disposal of such solid waste (i.e., staging areas).

2.129. "Structural Components" means liners, leachate collection systems, final covers, run-on/run-off systems, and any other component used in the construction and operation of the SWLF that is necessary for protection of human health and the environment.

2.130. "Structural Fill" means an engineered/designed and controlled homogeneous fill with a projected spread in lifts not exceeding twelve (12) inches and compacted with proper power equipment. The material must be compacted in horizontal lifts to achieve the required design dry density and in-situ strength.

2.131. "Surface Impoundment" means a facility or part of a facility that is a natural topographic depression, manmade excavation or diked area that is designed to hold an accumulation of contaminated surface runoff or leachate or both.

2.132. "Transloading" means the transfer of solid waste from one solid waste collection motorized vehicle to another, where that activity does not constitute either a "staging area" or a "transfer station" as defined in this rule. Such activity is authorized and does not require a solid waste permit, provided that there is no discharge of leachate or other violations of W. Va. Code §§ 22-15-1 et seq., 22-12-1 et seq., 22-11-1 et seq., or any rules promulgated thereunder.

2.133. "Transfer Station" means a structure, or combination of structures, machinery or devices at a place, location or facility where solid waste is taken from collection vehicles and placed in other transportation units for movement to another solid waste management facility; Provided that when the generator of solid waste disposes of said waste into a container such as a roll-off, greenbox or bin that is temporarily positioned (i.e. not more than five days) at a specific location for transport by a transportation unit, such container will not be considered a transfer station. Under any circumstances, leachate, litter, and windblown materials must be properly managed.

2.134. "Unstable Area" means a location that is susceptible to natural or human-induced events or forces capable of impairing the integrity of some or all of the landfill structural components responsible for preventing releases from a landfill. Unstable areas can include poor foundation conditions, areas susceptible to mass movements, and karst terranes.

2.135. "Uppermost Aquifer" means the geologic formation nearest the natural ground surface that is an aquifer, as well as lower aquifers that are hydraulically interconnected with this aquifer within the facility's permit boundary.

2.136. "Uppermost Significant Aquifer" means the first, uppermost aquifer encountered that is laterally persistent under the entire site and is free flowing throughout the year. This defines the aquifer that flows all twelve (12) months of the year and can be encountered under any given point on the permitted site.

2.137. "USGS" means the "United States Geological Survey."

2.138. "Washout" means the carrying away of solid waste by waters of the base flood.

2.139. "Waste Management Unit Boundary" means a vertical surface located at the hydraulically downgradient limit of the unit. This vertical surface extends down into the uppermost aquifer.

2.140. "Water Pollution Control Act" means W. Va. Code § 22-11-1 et seq.

2.141. "Water Resources," "Water," or "Waters" means any and all water on or beneath the surface of the ground, whether percolating, standing, diffused or flowing, wholly or partially within this State, or bordering this state and within its jurisdiction, and includes, without limiting the generality of the foregoing, natural or artificial lakes, rivers, streams, creeks, branches, forks, brooks, ponds (except farm ponds, industrial settling basins and ponds, and water treatment facilities), impounding reservoirs, springs, wells, watercourses, and natural wetlands.

2.142. "Wetlands" mean those naturally occurring areas, as defined under 40 CFR §232.2 (r) that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas.

2.143. "7Q10" means the seven (7) consecutive day drought flow with a ten (10) year return frequency.

2.144. "100-Year Flood" means a flood that has a 1-percent or greater chance of recurring in any given year or a flood of a magnitude equaled or exceeded once in 100 years on the average, over a significantly long period of time.

Notes

W. Va. Code R. § 33-1-2