W. Va. Code R. § 58-NA-2 - Definition of Hazardous Waste

Current through Register Vol. XXXIX, No. 11, March 18, 2022

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.

Notes

W. Va. Code R. § 58-NA-2

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