W. Va. Code R. § 47-38G-2

Current through Register Vol. XLI, No. 24, June 14, 2024

Section 47-38G-2 - DEFINITIONS

The following definitions specifically apply to this rule and are listed accordingly. All other definitions unique to W. Va. Code § 22-15-2 and 47 CSR 38 are fully incorporated into this rule by reference;

2.1. "Access Road" means all roads providing access to a solid waste facility from a road that is under federal, state, or local authority, or internal roads providing access from one portion of the facility to another.

2.2. "Automobile Dealer" means any business engaged in the sale of new automobiles, trucks or motorized recreational vehicles in the State of West Virginia.

2.3. "Bond" means any performance bond or other form of financial assurance provided by W. Va. Code § 22-15-11 and the solid waste management regulations (47 CSR 38) .

2.4. "Chief" means the chief of the office of waste management of the West Virginia division of environmental protection or his authorized representative.

2.5. "Department of Transportation Symbol" means the identification number placed on hew tires mandated by the Federal Motor Vehicle Safety Standards for motor vehicles and motor vehicle equipment pursuant to Section 103 of the National Traffic and Motor Vehicle Safety Act of 1966, as amended.

2.6. "D.O.T. Regulated Tire" means any tire that was originally used for those purposes defined under "tire" or ''used tire" or meets the definition of "waste tire" that is identified with a Department of Transportation Symbol.

2.7. "Sale and/or Selling" includes exchange, consignment, barter, gift, and offer for sale. Sale and/or selling includes the removal of tires from a stock of merchandise by a wholesale distributor, or a retail tire dealer, for its own use.

2.8. "Shredded Waste Tires" means tires or tire derived material, which has been processed by shredding to particle sizes not greater than 72 square inches, or approximately 6' inches by 12 inches.

2.9. "Storage Cell" means a dedicated area for long term storage for waste tires or tire derived material located within an approved solid waste disposal facility for the purpose of long term storage for the eventual retrieval for marketing purposes.

2.10 "Tire" means any continuous solid or pneumatic rubber covering -designed to. encircle the wheel of a vehicle and may include the .following types of tires: passenger car tires, light-and heavy-duty truck tires, high "speed industrial tires, bus tires, and special service tires (including military, off-the-road, recreational/all terrain vehicle, and slow speed industrial).

2.11. "Tire Dealer" means any person or persons engaged in the business of selling tires to an end user in the State of West Virginia.

2.12. "Tire Derived Material" means any shredded, chipped, crumb rubber or other such tire material that has been processed from a "tire, used tire or waste tire.

2.13. "Used Tire" means any tire that was originally used for the purposes defined under "tires", but has sufficient tread life or can be recapped for marketability to be safely reused for those same purposes.

2.14. "Vector" means any insect, rodent, or other organism capable of directly or indirectly transmitting infectious diseases or pathogenic organisms from one person to another or from an animal to a person.

2.15. "Waste Tire Chips" means tires or tire derived materials that have been reduced to particle sizes not greater than 2 inches by 2 inches.

2.16. "Waste Tire" means any tire that was originally used for those purposes defined under "tire", or "used tire" and which has been discarded or is not suitable for its original intended purpose: Provided, That a tire is no longer considered to be suitable for its original intended purpose when it fails to meet the minimum requirements to pass a West Virginia motor vehicle safety inspection. Used tires located at a commercial recapping facility or tire dealer for the purpose of being reused or' recapped are not considered to be a waste tire.

2.17. "Waste Tire Hauler" means any person or persons who collects waste tires from a tire dealer or other sources and transports waste tires in this state, but shall not include a person or persons who haul waste tires generated by their own business activity, persons hauling their own tires, or where the hauling of waste tires to a solid waste facility is incidental to business activities. Provided that: a waste tire hauler must be a certificated motor carrier regulated by the WV public service commission to lawfully transport waste tires.

2.18. "Waste Tire Monofill" means an approved solid waste facility where waste tires are placed for the purpose of long term storage for "eventual retrieval for marketing purposes, provided that, they are not mixed with any other solid waste.

2.19. "Waste Tire Processing Facility or Activity" means a solid waste facility or activity who accepts waste tires generated by sources other than the owner or operator of the facility for processing by such means as cutting, splitting, shredding, quartering, grinding, etc. or otherwise breaking down waste tires for the purpose of disposal, reuse, recycling and/or marketing.

2.20. "Wholesale Distributor" means a person or persons who distribute tires to tire dealers in this state or to its own retail establishments in this state.

W. Va. Code R. § 47-38G-2