Current through Register Vol. XLI, No. 50, December 13, 2024
Section 33-5-2 - DefinitionsUnless the context clearly requires a different meaning, all terms contained in this rule and not defined by tjhis section are defined by their plain meaning. This section contains definitions for terms that appear throughout this rule.
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 automobiles, trucks or motorized recreational vehicles in the State of West Virginia.2.3. ABeneficial 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 subbase, building highway crash attenuation barriers, and other civil engineering applications, feed hopper or watering troughs for livestock, or other agricultural uses approved by the Department of Environmental Protection, playground equipment, boat or truck dock construction, house or building construction, go-cart, motorbike or race track barriers, recapping, alternative daily cover, 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 Secretary of the Department of Environmental Protection, is put at risk.2.4. "Bond" means any performance bond or other form of financial assurance provided by W. Va. Code '22-15-12 and the Solid Waste Management Rule (33CSR1).2.5. "Chief" means the chief of the Division of Waste Management of the West Virginia Department of Environmental Protection or his or her authorized representative.2.6. ADepartment of Transportation Symbol@ means the identification number placed on new 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.2.7. AD.O.T. Regulated Tire@ means any tire that was originally used for those purposes defined under Atire@or meets the definition of Awaste tire@ that is identified with a Department of Transportation symbol.2.8. ARemediate or Remediation@ means to remove all tires located above grade at a site and may also include 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 hazardous waste.2.9. ARetail Tire Dealer@ means any person or persons engaged in the business of retail sale of tires to an end user in the state of West Virginia. 2.10. "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.2.11. ASalvage@ 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.2.12. ASalvage 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 shall accept, store or process more than one hundred waste tires unless it has all of the 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 Department of Environmental Protection for the proper disposal of the waste tires.2.13. "Shredded Waste Tires" means tires or tire derived material, which has been processed by shredding to particle sizes not greater than 72 square inches.2.14. "Storage Cell" means a dedicated monofill 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.2.15. "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-duty 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).2.16. "Tire Derived Material" means any shredded, chipped, crumb rubber or other such tire material that has been processed from a tire, or waste tire.2.17 "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. 2.18. AWaste 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. 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 retail tire dealer for the purpose of being reused or recapped are not waste tires.2.19 "Waste Tire Chips" means tires or tire derived materials that have been reduced to particle sizes not greater than 2 inches by 2 inches.2.20 Waste Tire Generator means any person or persons whose activity results in the generation of waste tires by whatever means. 2.21. AWaste Tire Monofill@ or AMonofill@ 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.2.22. AWaste Tire Pile@means a collection and/or accumulation of more than one hundred waste tires into a single location or given parcel or tract of land.2.23. AWaste 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, pyroprocessing, cutting, splitting, shredding, quartering, grinding or otherwise breaking down waste tires for the purposes of disposal, reuse, recycling or marketing.2.24. AWaste Tire Transporter@ means any person who transports waste tires collected from retail tire dealers or other sources in this state. Waste tire transporters must be in compliance with W. Va. Code 24-2-1b(a) to lawfully transport tires. Provided, That persons transporting waste tires generated by their own business activities, citizens transporting their own waste tires, or persons who are transporting waste tires generated from state authorized waste tire remediation or cleanup projects are not, in this instance, waste tire transporters.