W. Va. Code R. § 47-38D-2

Current through Register Vol. XLI, No. 45, November 8, 2024

Section 47-38D-2 - DEFINITIONS

The following definitions shall apply to this rule unless otherwise specified herein:

2.1. "Agronomic rate" means the whole sewage sludge application rate, by dry weight, designed:

(1) To provide the amount of nitrogen needed by the food crop, feed crop, fiber crop, cover crop or vegetation on the land; and

(2) To minimum the amount of nitrogen in sewage sludge that passes below the root zone of the crop or vegetation grown on the land to the ground water.

2.2. - "Applicant" means the person applying for a commercial 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 Director of the Division may specify, including the following: spouses, parents, children and siblings,

2.3. "Approved solid waste facility" means a solid waste facility or practice which has a valid permit under W. Va, Code §22-15.

2.4. "Backhauling" 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.

2.5. "Bulking Agent" means materials such as yard waste, wood chips, leaves and other living or dead plant tissues approved by the Chief as suitable to promote the passage of air through a static pile or windrow.

2.6. "Chief means the Chief of the Office of Waste Management of the Division.

2.7. "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 commercial recycling facility.

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

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

2.10. "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 facility for composting solid waste that is located at the site where the waste was generated.

2.11. "Curing area" means an area where organic material that has undergone the rapid initial stage of decomposition is further stabilized into a humus-like material.

2.12. "Director" means the Director of the Division.

2.13. "Distributor" is a person who prepares the product for distribution and marketing and is responsible for distributing and marketing the product.

2.14. "Division" means the Division of Environmental Protection.

2.15. "Domestic septage" means either liquid or solid material (septage) removed from a septic tank, cesspool, portable toilet, Type III marine sanitation device, or similar treatment works that receives only domestic sewage. Domestic septage does not include liquid or solid material removed from a septic tank, cesspool, or similar treatment works that receives either commercial wastewater or industrial wastewater and does not include grease removed from a grease trap at a restaurant,

2.16. ''Energy, recovery incinerator" means any solid waste facility at which solid waste is incinerated with the intention of using the resulting energy for the generation of steam, electricity or any other use not specified herein.

2.17. " Importer" means any person receiving sewage sludge from any source whatsoever for the purpose of processing.

2.18. "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.

2.19. "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.

2.20. "Landfill" .means any solid waste facility for the disposal of solid waste on land. Such facility is situated, for purposes of W. Va, Code §22-15, in the count' where the majority of the spatial area of such facility is located,

2.21, "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.

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

2.23. "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.

2.24. "Municipal solid waste incineration" means the burning of any solid waste collected by any municipal or residential solid waste disposal company.

2.25. ."Open dump" means any solid waste disposal which does not have a permit under W, Va. Code §22-15, or is in violation of state law, or where solid waste is disposed in a manner that does not protect the environment.

2.26. . "Person" or "persons" mean 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; state of West Virginia; governmental agency, including federal facilities; political subdivision; county commission municipal corporation; industry; sanitary district; public service district; drainage district; soil conservation district; watershed improvement district; partnership trust; estate; person or individual; group of persons or individuals acting individually or as a group; or any legal entity whatever.

2.27. "Producer" means any person producing sewage sludge at a publicly owned treatment works (POTW).

2.28. "Publicly owned treatment works" or "POTW" means any device or system used in the conveyance and/or treatment (including recycling and reclamation) of municipal sewage or industrial waste of a liquid nature which is owned by a state or municipality as defined by section 502 (4) of the Clean Water Act, any other treatment works treating domestic sewage (TWTDS), or wastewater treatment device or system, regardless of ownership (including federal facilities) used in the storage, treatment, recycling and reclamation of municipal or domestic sewage,

2.29. "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 nor considered to be reusing or recycling solid waste within the meaning of W. Va, Code §§22C-4 and 20-11.

2.30. "Representative sample" means a sample collected from a population or whole that exhibits the average or typical properties of the larger population or whole.

2.31. "Sewage sludge" means 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."

2.32. "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 digestion and anaerobic digestion,

2.33. "Sludge" means any solid, semisolid, residue or precipitate, separated from or created by a municipal, commercial, or industrial waste treatment plant, water supply treatment plant or air pollution control facility or any other such waste having similar origin,

2.34. "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 offensive or unsightly matter, solid, liquid, semisolid or contained liquid or gaseous material resulting from industrial, commercial, mining or community activities but does not include solid or dissolved material in sewage or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources and have permits under W. Va. Code § 22-11-1 et seq., or source, special nuclear or by-product material as defined by the Atomic Energy Act of 1954, as amended, including any nuclear or by-product material considered by federal standards to be below regulatory concern, or a hazardous waste either identified or listed under W. Va. Code § 22-18-1 et seq,, or refuse, slurry, overburden or other wastes or material resulting from coal-fired electric power or steam generation, the exploration, development, production, storage and recovery of coal, oil, and gas and other mineral resources placed or disposed of at a facility which is regulated under 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. or § 22-10-1, so long as such placement or disposal is in conformance with a permit issued pursuant to such chapters.

2.35. "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.

2.36. "Solid waste disposal shed" means the geographical area which the solid waste management board designates and files in the state register pursuant to W, Va, Code § 22C-3-9.

2.37. "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, transfer stations, materials recovery facilities, "mixed waste processing" facilities, sewage sludge processing facilities, 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 shall be 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, is not a solid waste facility,

2.38. "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.

2.39. "Source separated organic waste" means readily degradable organic material such as food waste, yard waste and wood waste, except pressure-treated wood waste, which is collected separately from the mixed solid, waste stream. It does not include sewage sludge or domestic septage.

2.40. "Stabilization" means the decomposition .of organic material to the point where it neither reheats when wetted nor gives off offensive odors and does not include pathogens, toxins or vectors in excess of Federal regulations 40 CFR 503.

W. Va. Code R. § 47-38D-2