Current through Register Vol. XLI, No. 50, December 13, 2024
Section 54-5-2 - DefinitionsThe following words and terms, when used in this rule, shall have the following meaning, unless the context clearly indicates otherwise:
2.1. "Applicant" - means a solid waste authority which applies for a grant pursuant to this rule.2.2. "Approved solid waste facility" - means a commercial solid waste facility or practice which has a valid permit or compliance order under W. Va. Code § 22-15-1 et seq.2.3. "Authority" - means any solid waste authority of any county or region in West Virginia, established by W. Va. Code §§ 22C-4-3 and 22C-4-4; or the county commission of any county which elected not to establish an authority, as allowed by W. Va. Code § 22C-4-6.2.4. "Board" - means the West Virginia Solid Waste Management Board, as established by W. Va. Code § 22C-3-4, or its authorized representatives.2.5. "Buy-back center" - means any recycling facility which has an attendant present while open, at which source-separated recyclables are purchased from the general public, or accepted for a nominal fee. Limited processing of materials is required or conducted.2.6. "Commercial solid waste facility" - means any solid waste facility which accepts solid waste generated by sources other than the owner or operator of the facility, and does not include an approved solid waste facility owned and operated by a person for the sole purpose of disposing of solid waste created by that person or, that person and another person on a cost-sharing or nonprofit basis, and does not include land upon which reused or recycled materials are legitimately applied for structural fill, road base, mine reclamation, and similar applications.2.7. "Construction" - includes reconstruction, enlargement, improvement, and providing furnishings or equipment for a solid waste disposal project.2.8. "Cost" - means, as applied to solid waste disposal projects, the cost of their acquisition and construction; the cost of acquisition of all land, rights-of-way, property rights, easements, franchise rights, and interests required by the Board for such acquisition and construction; the cost of demolishing or removing any buildings or structures on land so acquired, including the cost of acquiring any land to which such buildings or structures may be moved; the cost of diverting highways, interchange of highways, and access roads to private property, including the cost of land or easements therefor; the cost of all machinery, furnishings, and equipment; all financing charges and interest prior to and during construction and for no more than eighteen (18) months after completion of construction; the cost of all engineering services and all expenses of research and development with respect to solid waste facilities; the cost of all legal services and expenses; the cost of all plans, specifications, surveys, and estimates of cost and revenues; all working capital and other expenses necessary or incident to determining the feasibility or practicability of acquiring or constructing any such project; all administrative expenses and such other expenses as may be necessary or incident to the acquisition or construction of the project; the financing of such acquisition or construction, including the amount authorized in the resolution of the Board providing for the issuance of solid waste disposal revenue bonds to be paid into any special funds from the proceeds of such bonds; and the financing of the placing of any such project in operation. Any obligation or expenses incurred after the effective date of this rule by any governmental agency, with the approval of the Board, for surveys, borings, preparation of plans and specifications, and other engineering services in connection with the acquisition or construction of a project shall be regarded as a part of the cost of such project and shall be reimbursed out of the proceeds of loans or solid waste disposal revenue bonds as authorized by the provisions of W. Va. Code § 22C-3-10 et seq.2.9. "Grant" - means a grant made by the Board to an applicant pursuant to this rule. 2.10. "Government agency" - means the state government or any agency, department, division, or unit thereof; counties; municipalities; watershed improvement districts; soil conservation districts; sanitary districts; public service districts; drainage districts; regional governmental authorities and any other governmental agency, entity, political subdivision, public corporation, or agency having the authority to acquire, construct, or operate solid waste facilities; the United States government or any agency, department, division, or unit thereof; and any agency, commission, or authority established pursuant to an interstate compact or agreement.2.11. "Landfill" - means any solid waste facility for the disposal of solid waste on or in the land for the purpose of permanent disposal. Such facility is situated, for the purpose of this rule, in the county where the majority of the spatial area of such facility is located.2.12. "Materials recovery facility" - means any solid waste facility at which source-separated materials or materials recovered through a mixed waste processing facility are manually or mechanically shredded or separated for purposes of reuse and recycling, but does not include a composting facility.2.13. "Owner" - includes all persons, partnerships, or governmental agencies having any title or interest in any property rights, easements, and interests authorized to be acquired by this rule.2.14. "Recycle" or "Recycling" - means the process by which recovered products are transformed into new products, and includes the collection, separation, recovery, and sale or reuse of metals, glass, paper, tires, lead-acid batteries, and other materials.2.15. "Recycling facility" - means any solid waste facility for the purpose of recycling at which neither land disposal nor biological, chemical, or thermal transformation of solid waste occurs: Provided, That mixed waste recovery facilities, sludge processing facilities, and composting facilities are not considered recycling facilities nor considered to be reusing or recycling solid waste within the meaning of W. Va. Code §§ 20-11-1 et seq., 22-15-1 et seq., or 22C-4-1 et seq.2.16. "Solid waste" - means any garbage, paper, litter, refuse, cans, bottles, waste processed for the express purpose of incineration, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility; other discarded material, including offensive or unsightly matter, solid, liquid, semisolid, or contained liquid or gaseous material resulting from industrial, commercial, mining, or community activities, but does not include solid or dissolved material in sewage, or solid or dissolved material in irrigation return flows or industrial discharges which are point sources and have permits under W. Va. Code § 22-11-5 et seq., or source, special nuclear or byproduct material as defined by the Atomic Energy Act of 1954, as amended, including any nuclear or byproduct material considered by federal standards to be below regulatory concern, or a hazardous waste either identified or listed under W. Va. Code § 22-18-1 et seq., or refuse, slurry, overburden, or other waste or material resulting from coal-fired electric power generation, or steam generation, the exploration, development, production, storage, and recovery of coal, oil and gas, and other mineral resources placed or disposed of at a facility which is regulated under W. Va. Code §§ 22-2-1 et seq., 22-3-1 et seq., 22-4-1 et seq., 22-6-1 et seq., 22-7-1 et seq., 22-8-1 et seq., 22-9-1 et seq., 22-10-1 et seq., or 22A-1-1 et seq., so long as such placement or disposal is in conformance with a permit issued pursuant to said chapters.2.17. "Solid waste disposal" - means the practice of disposing of solid waste, including placing, depositing, dumping, or throwing, or causing any solid waste to be placed, deposited, dumped, or thrown.2.18. "Solid waste disposal project" or "Project" - means any solid waste facility, the development of Comprehensive Litter and Solid Waste Control Plans and Commercial Solid Waste Facility Siting Plans, administrative costs, open dump cleanup, and other purposes for expenditure of grant monies approved by the Board at its discretion.2.19. "Solid waste facility" - means any system, facility, land, contiguous land, improvements on the land, structures, or other appurtenances or methods used for processing, recycling, or disposing of solid waste, including landfills, transfer stations, materials recovery facilities, mixed waste processing facilities, sewage sludge processing facilities, commercial composting facilities and other such facilities not herein specified, but not including land upon which sewage sludge is applied in accordance with W. Va. Code § 22-15-20(b). Such facilities shall be deemed to be situated, for the purposes of this rule, in the county where the majority of the spatial area of such facility is located; Provided, That a salvage yard licensed and regulated pursuant to the terms of W. Va. Code §17-23, is not a solid waste facility.