Current through Register Vol. XLI, No. 50, December 13, 2024
Section 157-8-2 - Definitions2.1 "Abandoned salvage yard" means any unlicensed salvage yard or any salvage yard that was previously licensed but upon which the license has not been renewed for more than one year.2.2 "Award" means the acceptance by the Division of a bid.2.3 "Beneficial Use" means the use or reuse of whole waste tires or tire derived material which are reused in constructing retaining walls, rebuilding highway shoulders and sub-base, building highway crash attenuation barriers, feed hopper or watering troughs for livestock, other agricultural uses approved by the Division of Environmental Protection, playground equipment, boat or truck dock construction, house or building construction, go-cart, motorbike or race track barriers, or similar types of beneficial applications: Provided, That waste tires may not be reused as fencing, as erosion control structures, along stream banks or river banks or reused in any manner where human health or the environment, as determined by the Director of the Division of Environmental Protection, is put at risk.2.4 "Calendar Day" means every day shown on the calendar.2.5 "Commercial Recapping Facility" means a properly licensed West Virginia business that uses waste tires for the purposes of recapping said tire.2.6 "Commissioner" means the commissioner of the West Virginia Division of Highways.2.7 "Contract" means the written agreement between the Division and the Contractor covering the performance of the work: the furnishing of labor, equipment and materials, and the basis of payment. The Contract includes the invitation for bids, proposal, contract form, contract bond, specifications, supplemental specifications, special provisions, plans notice to proceed, and any change orders that are required to complete the construction of the work in an acceptable manner, including authorized extensions thereof, all of which constitute one instrument.2.8 "Contractor" means the individual, firm or corporation, party of the second part to the Contract, acting directly or through his, her or their agents, employees, or subcontractors.2.9 "Corrections" means the Division of Corrections, West Virginia Department Of Military Affairs and Public Safety. 2.10 "Dead Line" means the time limit for completion of remediation and/or related contract, and/or Notice To Correct/Remediate the designated waste tire pile.2.11 "DEP" means the Division of Environmental Protection, Bureau of the Environment.2.12 "DHHR" means the West Virginia Department of Health and Human Resources.2.13 "Director" means Commissioner of the West Virginia Division of Highways, West Virginia Department of Transportation.2.14 "Disadvantaged Business Enterprise (DBE)" means a small business concern which is owned and controlled by one or more socially or economically disadvantaged individuals which have been certified under the Small Business Administration's 8(a) program or by the Division of Highways.2.15 "Division" means the Division of Highways, West Virginia Department of Transportation.2.16 "Employee" means any person working on behalf of the project who is under the direction of the contractor of any subcontractor.2.17 "Equipment" means all machinery and equipment, together with the necessary supplies for upkeep and maintenance, and also tools and apparatus necessary for the proper construction and acceptable completion of the work.2.18 "Extra Work" means an item of work not provided for in the Contract as awarded, but found essential to the satisfactory completion of the Contract within its intended scope.2.19 "Fee" means the remitted amount the Commissioner may pay for a waste tire to be returned for disposal. The fee will be in the form of a coupon.2.20 "Force Account Work" means additional work to be performed, with payments based on labor, materials used, equipment cost, plus specified percentages.2.21 "Hazardous Waste" means a waste or combination of waste, which are hazardous by characteristic and or definition, as referenced by the Resource Conservation and Recovery Act of 1976, as amended.2.22 "Monofill or Waste Tire Monofill" means an approved solid waste facility where waste tires not mixed with any other waste are placed for the purpose of long term storage for eventual retrieval for marketing purposes.2.23 "Notice To Proceed" means written notice to the Contractor to proceed with the contract work including, when applicable, the date of beginning of contract time.2.24 "Occupied Private Residence" means a private residence, which is occupied for at least six months each year.2.25 "Owner/Operator" means an individual, firm, partnership, association or corporation.2.26 "Permit" means an official document certifying authority that certain functions according to applicable codes and rules can and must be performed.2.27 "Person" means a natural person, corporation, firm, partnership, association or society.2.28 "Person(s) Responsible" means the property owner and/or the person who allows a waste tie pile to be developed, expanded or enlarged. This specifically includes the current property owner(s) where waste tire piles are located.2.29 "Priority List" means the list of waste tire piles from around the State, ranked on a priority based upon: (2) Ground Waste Contamination, (4) Potential Air Quality Problems (fire), (5) Proximity to Population Centers, and (6) the Number of Tires in a Waste Tire Pile.2.30 "Remediate or Remediation" means to remove all tires located above grade at a site and may also include, at the discretion of the Division, the removal of the solid waste incidental to the removal of waste tires at a site, provided that remediation does not include clean up of a hazardous waste.2.31 "Salvage" means old or scrap brass, copper, iron, steel, other ferrous or nonferrous materials, batteries or rubber, and any junked, dismantled or wrecked machinery, machines or motor vehicles or any parts of any junked, dismantled or wrecked machinery, machines or motor vehicles.2.32 "Salvage Yard" means any place which is maintained, operated or used for the storing, keeping, buying, selling or processing of salvage, or for the operation and maintenance of a motor vehicle graveyard, provided that no salvage yard may accept, store, or process more that one hundred waste tires unless it has all permits necessary to operate a monofill, waste tire processing facility or solid waste facility. Any salvage yard which currently has on its premises more than one hundred waste tires not on a vehicle must establish a plan in conjunction with the Division of Environmental Protection for the proper disposal of the waste tires.2.33 "Scope of Work" means a clear, accurate and detailed description of the technical requirements for the services to be rendered.2.34 "Seasonal Restrictions" means limitations imposed on the work, which prohibit the Contractor from performing certain types of work during specific seasons of the year.2.35 "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.2.36 "Silence of Specifications" means the apparent silence of the specifications, supplemental specifications, plans and special provisions as to any detail, or the apparent omission from them of a detailed description concerning any point, will be regarded as meaning that only material and workmanship of acceptable quality is to be used.2.37 "Solid Waste" means solid waste as defined in WV Code § 22-15-2, et. seq.2.38 "State" means the State of West Virginia.2.39 "Surety" means the corporation, partnership, or individual other than the Contractor, executing a bond furnished by the Contractor.2.40 "Temporary Storage Area" means a State approved site where waste tires are collected and stored prior to proper disposition or disposal.2.41 "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).2.42 "Tire Scraps" means portions of tires that the Division collects on and along the highways of the State.2.43 "Title" means the official documentation on record in the County Clerks Office showing ownership of a parcel or tract of land.2.44 "TREC" means Tire Remediation/Environmental Clean up Program.2.45 "TREC Fund" means the fund setup by § 17-24-6 for the remediation of waste tire piles.2.46 "Unacceptable Work" means work that is not in compliance with the intent of the plans and/or Contract.2.47 "Waste Tire" means any continuous solid or pneumatic rubber covering designed to encircle the wheel of a vehicle but which has been discarded, abandoned or is no longer suitable for its original, intended purpose nor suitable for recapping, or other beneficial use, as defined in W. Va, Code § 17-24-2, because of wear, damage or defect and is contained in a waste tire pile. 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 recapped are not waste tires.2.48 "Waste Tire Chips" means tires or tire derived materials that have been reduced to particle sizes not greater than 2 inches by 2 inches.2.49 "Waste Tire Hauler" means any person or persons who collects waste tires from a tire dealer or other source and transports waste tires in this State, but will 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 certified motor carrier regulated by the West Virginia Public Service Commission to lawfully transport waste tires.2.50 "Waste Tire Monofill/Monofill" - See Monofill.2.51 "Waste Tire Pile" means a collection and/or accumulation of one hundred and one or more waste tires into a single location or given parcel or tract of land. Facilities authorized to accumulate waste tires by other state statute or legislative rule are excluded from this definition.2.52 "Waste Tire Processing Facility" means a solid waste facility or manufacturer that accepts waste tires generated by sources other than the owner or operator of the facility for processing by such means as cryogenics, pyrolysis, pyroprossing cutting, splitting, shredding, quartering, grinding or otherwise breaking down waste tires for the purposes of disposal, reuse, recycling and/or marketing.2.53 "West Virginia Resident" means any person of legal age residing/living in the State of West Virginia.2.54 "West Virginia Business" means any business, corporation, firm, company, sole proprietorship that is located in West Virginia and has a valid West Virginia business franchise certificate.2.55 "Work" means the furnishing of all labor, materials, equipment, and other incidentals necessary or convenient to the successful completion of the project and the carrying out of all duties and obligations imposed by the Contract.2.56 "Tire Derived Material" means any shredded, chipped, crumb rubber or other tire material that has been processed from a tire, used tire or waste tire.