Current through Register Vol. XLI, No. 50, December 13, 2024
Section 33-3-2 - DefinitionsAll definitions in W. Va. Code '22-15-2 and all definitions in '33CSR1 and '33CSR2 are fully incorporated into this rule by reference. The following additional definitions apply to this rule:
2.1. "Buffer Zone" means the distance between the composting operation and the adjacent property boundaries.2.2. "Commercial Yard Waste Composting Facility" means any solid waste facility which is authorized to handle or accept up to thirty-six thousand (36,000) tons per year of yard waste and/or other compostable solid waste materials generated by sources other than the owner or operator of the facility, provided that, a commercial yard waste composting facility does not include an approved solid waste facility owned and operated by a person for the sole purpose of composting yard waste created by that person or other persons on a cost-sharing or nonprofit basis and shall not include land upon which finished compost is applied for use as a soil amendment/soil conditioner.2.3. "Domestic yard waste" means yard wastes generated in small quantities by the resident or tenant of residential property.2.4. "Non-residential composting activities" means a composting activity by persons such as landscape contractors, nurseries or greenhouses, lawn and garden companies, solid waste authorities and municipalities which are authorized to compost up to twelve thousand (12,000) tons per year of yard waste materials consisting of grass clippings, weeds, leaves, brush/shrub or tree prunings and other acceptable compostable materials which have been approved in writing by the Chief to produce a safe product for use as a soil amendment/soil conditioner.2.5. "Nuisance" means any practice or condition created by a composting facility or activities which results in dust, dirt, mud, infectious molds, bacteria or fungi, or offensive odor, or attracts vectors such as insects, rodents, snakes or in any way interferes with the normal use of any properties or causes harm or injury to any person or the environment.2.6. "Runoff" means any flowing water and associated contaminants originating from any part of the solid waste facility or activity that drains over the land.2.7. "Run-on" means any rainwater, snow melt, wastewater, leachate or other liquid that drains over land onto any part of the compost facility.2.8. "Soil amendment/soil conditioner" means an organic matter source or yard waste compost that when added to the soil improves the general physical, chemical and biological properties of the soil.2.9. "Yard waste composting" means the controlled decomposition of yard waste to produce a stable and beneficial humus-like material. 2.10. "Yard waste" means grass clippings, weeds, leaves, brush, garden waste, shrub or tree prunings and other living or dead plant tissues, except that, such materials which, due to inadvertent contamination or mixture with other substances which render the waste unsuitable for composting, shall not be considered to be yard waste: Provided, That the same or similar waste generated by commercial agricultural enterprises is excluded.2.11. "Windrow" means an elongated pile created by the placement of yard waste.