Current through Register Vol. XLI, No. 50, December 13, 2024
Section 57-1-2 - Definitions2.1. "Board" means the Commercial Hazardous Waste Management Siting Board established pursuant to W. Va. Code '20-10-3.2.2. "Commercial Hazardous Waste Management Facility" or "Commercial Facility" means any hazardous waste treatment, storage, or disposal facility, which accepts hazardous waste, as identified or listed by the Director of the Division of Environmental Protection under the "Hazardous Waste Management Regulations", 47 C.S.R. 35, generated by sources other than the owner or operator of the facility and shall not include an approved hazardous waste facility owned and operated by a person for the sole purpose of disposing of hazardous waste created by that person or such person or other persons on a cost-sharing or nonprofit basis.2.3. "Construction" as used in these regulations, means: 2.3.1. For new commercial facilities, pursuant to W. Va. Code '20-10-3(c), the significant alteration (as determined by the Board) of a site to install, or the installation of permanent equipment or structures;2.3.2. For existing commercial facilities, an alteration or expansion that increases the capacity of the facility to accept fifty percent (50%) more hazardous waste, or any change in design or process that results in a substantially different type of facility (e.g., disposal facility being converted to a storage facility).2.3.3. Construction does not include preliminary engineering or site surveys, environmental studies, site acquisition, or acquisition of options to purchase and other similar activities normally incident thereto.2.4. "Hazardous Waste Management Facility" means any facility including land and structures, appurtenances, improvements and equipment used for the treatment, storage or disposal of hazardous wastes, which accepts hazardous waste for storage, treatment or disposal. A facility may consist of one (1) or more treatment, storage or disposal operational units. For the purposes of these regulations, it does not include: 2.4.1. Facilities for the treatment, storage or disposal of hazardous wastes principally as fuels in an on-site production process; or2.4.2. Facilities used exclusively for the pretreatment of wastes discharged directly to a publicly owned sewage treatment works.2.5. "Person" means any individual, trust, firm, joint stock company, public, private or government corporation, partnership, association, state or federal agency, the United States government, this state or any other state, municipality, county commission, or any other political subdivision of a state or interstate body.2.6. All other terms have the meaning prescribed in the "Hazardous Waste Management Regulations", 47 C.S.R. 35.