Current through Register Vol. XLI, No. 50, December 13, 2024
Section 110-6-2 - Definitions2.1. "Commissioner" means the State Tax Commissioner, or his or her delegate.2.2. "Coal waste" means coal waste extracted from a gob pile located in West Virginia.2.3. "Coal waste disposal power project" means an electrical generation facility designed, constructed or installed to reclaim, burn and dispose of coal wastes in compliance with applicable air and water quality standards and which meets the criteria for financing under W. Va. Code § 13-2C-21.2.4. "Facility" or "Pollution Control Facility" means any personal property designed, constructed, or installed primarily for the purpose of abating or reducing water or air pollution or contamination by removing, altering, disposing, treating, storing, or dispersing the concentration of pollutants, contaminants, wastes or heat in compliance with air or water quality or effluent standards prescribed by or promulgated under the laws of this state or the United States, the design, construction, and installation of which was approved as a pollution control facility by the Office of Water Resources of the Department of Environmental Protection or the Office of Air Quality, as the case may be. The definition of facilities eligible for salvage tax treatment shall be strictly construed so as to include only the equipment and devices that are installed primarily and immediately to abate air or water pollution. These items of personal property which may coincidentally comply with air or water quality or effluent standards prescribed by or promulgated under the laws of this state or the United States, but which are primarily installed for plant operations or are productive, will not be considered eligible for salvage tax treatment. 2.4.1. For purposes of W. Va. Code § 11-6A-3, with the exception of intangible personal property, furniture, fixtures, inventories, materials and supplies used in the operation of the facility, all items of personal property installed at a coal waste disposal power project are considered a pollution control facility.2.5. "Personal Property" means things of value, moveable and tangible, which are the subjects of ownership. This definition is found as a part of W. Va. Code § 11-5-3 and applied to all of Chapter 11.2.6. "Moveable", as used in Section 2.5 of this rule, relates to a device or piece of equipment capable of being moved from one location to another.2.7. "Salvage Value" means the price for which the facility would sell in place if voluntarily offered for sale by the owner of the facility; that is to say, the scrap value of the material of an eligible facility less the cost of removal of the facility. Administratively, salvage value is five percent (5%) of the original cost.2.8. "Wind Power Project" means an electrical generation facility designed, constructed or installed to convert wind into electrical energy.