Terms Used In West Virginia Code > Chapter 20 > Article 5J - Medical Waste Act

• Agency: means any branch, department or unit of the state government, however designated or constituted. See West Virginia Code 20-1-2
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Commercial infectious medical waste facility: means any infectious medical waste management facility at which thirty-five percent or more by weight of the total infectious medical waste stored, treated, or disposed of by said facility in any calendar year is generated off-site. See West Virginia Code 20-5J-3
• Commission: means the Natural Resources Commission. See West Virginia Code 20-1-2
• Director: means the Director of the Division of Natural Resources. See West Virginia Code 20-1-2
• Disposal: means the discharge, deposit, injection, dumping, spilling, leaking or placing of any infectious medical waste into or on any land or water so that such waste, or any constituent thereof, may be emitted into the air, discharged into any waters, including groundwater, or otherwise enter into the environment. See West Virginia Code 20-5J-3
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Generator: means any person, by site location, whose act or process produces medical waste. See West Virginia Code 20-5J-3
• Infectious medical waste: means medical waste identified as capable of producing an infectious disease. See West Virginia Code 20-5J-3
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Medical waste: means infectious and noninfectious solid waste generated in the course of the diagnosis, treatment or immunization of human beings or animals, or in research pertaining thereto, or in the production or testing of biologicals. See West Virginia Code 20-5J-3
• Noninfectious medical waste: means any medical waste not capable of producing an infectious disease or infectious medical waste which has been rendered noninfectious. See West Virginia Code 20-5J-3
• Off-site: means a facility or area for the collection, storage, transfer, processing, treatment or disposal of infectious medical waste that is not on the generator'. See West Virginia Code 20-5J-3
• On-site: means the same or geographically contiguous property which may be divided by a public or private right-of-way, provided the entrance and exit between the properties is at a crossroads intersection, and access is by crossing, as opposed to going along, the right-of-way. See West Virginia Code 20-5J-3
• Person: except as otherwise defined elsewhere in this chapter, means the plural "persons" and shall include individuals, partnerships, corporations or other legal entities. See West Virginia Code 20-1-2
• Secretary: means the secretary of the Department of Health and Human Resources or his or her designee. See West Virginia Code 20-5J-3
• State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
• Storage: means the containment of infectious medical waste on a temporary basis. See West Virginia Code 20-5J-3
• Subtitle C: means Subtitle C of the federal Resource Conservation and Recovery Act of 1976, 90 Stat. See West Virginia Code 20-5J-3
• Take: means to hunt, shoot, pursue, lure, kill, destroy, catch, capture, keep in captivity, gig, spear, trap, ensnare, wound or injure any wildlife, or attempt to do so. See West Virginia Code 20-1-2
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Treatment: means any method, technique or process, including neutralization, designed to change the physical, chemical or biological character or composition of any infectious medical waste so as to render such waste noninfectious. See West Virginia Code 20-5J-3