Terms Used In West Virginia Code > Chapter 22 > Article 15 - Solid Waste Management Act

• Advanced recycling: means a manufacturing process for the conversion of post-use polymers and recovered feedstocks into basic hydrocarbon raw materials, feedstocks, chemicals, and other products like waxes and lubricants through processes that include pyrolysis, gasification, depolymerization, catalytic cracking, hydrogenation, solvolysis, and other similar technologies. See West Virginia Code 22-15-2
• Advanced recycling facility: means a facility that receives, stores, and converts post-use polymers and recovered feedstocks it receives using advanced recycling. See West Virginia Code 22-15-2
• Agronomic rate: means the whole sewage sludge application rate, by dry weight, designed:

  (1) To provide the amount of nitrogen needed by the food crop, feed crop, fiber crop, cover crop, or vegetation on the land. See West Virginia Code 22-15-2

• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• 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.
• Applicant: means the person applying for a commercial solid waste facility permit or similar renewal permit and any person related to such person by virtue of common ownership, common management, or family relationships as the director may specify, including the following: Spouses, parents, children, and siblings. See West Virginia Code 22-15-2
• Approved solid waste facility: means a solid waste facility or practice which has a valid permit under this article. See West Virginia Code 22-15-2
• Catalytic cracking: is a manufacturing process through which post-use polymers are heated and melted in the absence of oxygen and then processed in the presence of a catalyst to produce valuable raw materials and intermediate and final products, including, but not limited to, plastic monomers, chemicals, waxes, lubricants, plastic and chemical feedstocks, and other basic hydrocarbons. See West Virginia Code 22-15-2
• Chief: means the Secretary of the Department of Environmental Protection, or his or her designee, who is also the chief executive officer of an office, division or section within the department. See West Virginia Code 22-1-2
• Class A facility: means a commercial solid waste facility which handles an aggregate of between 10,000 and 30,000 tons of solid waste per month. See West Virginia Code 22-15-2
• Commercial composting facility: means any solid waste facility processing solid waste by composting, including sludge composting, organic waste or yard waste composting, but does not include a composting facility owned and operated by a person for the sole purpose of composting waste created by that person or such person and other persons on a cost-sharing or nonprofit basis and shall not include land upon which finished or matured compost is applied for use as a soil amendment or conditioner. See West Virginia Code 22-15-2
• Commercial recycler: means any person, corporation, or business entity whose operation involves the mechanical separation of materials for the purpose of reselling or recycling at least 70 percent by weight of the materials coming into the commercial recycling facility. See West Virginia Code 22-15-2
• 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 the disposal, processing, or composting of solid wastes created by that person or such person and other persons 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. See West Virginia Code 22-15-2
• Compost: means a humus-like material resulting from aerobic, microbial, or thermophilic decomposition of organic materials. See West Virginia Code 22-15-2
• Composting: means the aerobic, microbial, or thermophilic decomposition of natural constituents of solid waste to produce a stable, humus-like material. See West Virginia Code 22-15-2
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Department: means the Department of Environmental Protection. See West Virginia Code 22-15-2
• Depolymerization: means a manufacturing process where post-use polymers are broken into smaller molecules such as monomers and oligomers or raw, intermediate, or final products, plastics and chemical feedstocks, basic and unfinished chemicals, . See West Virginia Code 22-15-2
• Director: means the Secretary of the Department of Environmental Protection or his or her designee. See West Virginia Code 22-1-2
• Division: means the Department of Environmental Protection. See West Virginia Code 22-1-2
• Energy recovery incinerator: means any solid waste facility at which solid wastes are incinerated with the intention of using the resulting energy for the generation of steam, electricity, or any other use not specified herein. See West Virginia Code 22-15-2
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• 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.
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Fraud: Intentional deception resulting in injury to another.
• Function: means any duty, obligation, power, authority, responsibility, right, privilege, activity or program. See West Virginia Code 22-1-2
• Gasification: means a manufacturing process through which recovered feedstocks are heated and converted into a fuel and gas mixture in an oxygen-deficient atmosphere and the mixture is converted into valuable raw materials and intermediate and final products, including, but not limited to, plastic monomers, chemicals, waxes, lubricants, plastic and chemical feedstocks, and other basic hydrocarbons that are returned to economic utility in the form of raw materials and products. See West Virginia Code 22-15-2
• Hydrogenation: is a manufacturing process through which hydrogen is used to remove impurities from post-use polymers or recovered feedstock . See West Virginia Code 22-15-2
• in writing: includes any representation of words, letters, or figures, whether by printing, engraving, writing, or otherwise. See West Virginia Code 2-2-10
• Incineration technologies: means any technology that uses controlled flame combustion to thermally break down solid waste, including refuse-derived fuel, to an ash residue that contains little or no combustible materials, regardless of whether the purpose is processing, disposal, electric or steam generation, or any other method by which solid waste is incinerated. See West Virginia Code 22-15-2
• Incinerator: means an enclosed device using controlled flame combustion to thermally break down solid waste, including refuse-derived fuel, to an ash residue that contains little or no combustible materials. See West Virginia Code 22-15-2
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
• Judgment: includes decrees and orders for the payment of money, or the conveyance or delivery of land or personal property, or some interest therein, or any undertaking, bond or recognizance which has the legal effect of a judgment. See West Virginia Code 2-2-10
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Landfill: means any solid waste facility used for the disposal of solid waste on or in the land for the purpose of permanent disposal. See West Virginia Code 22-15-2
• Mature compost: means compost which has been produced in an aerobic, microbial, or thermophilic manner and does not exhibit phytotoxic effects. See West Virginia Code 22-15-2
• Mixed solid waste: means solid waste from which materials sought to be reused or recycled have not been source-separated from general solid waste. See West Virginia Code 22-15-2
• Mixed waste processing facility: means any solid waste facility at which materials are recovered from mixed solid waste through manual or mechanical means for purposes of reuse, recycling, or composting. See West Virginia Code 22-15-2
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Offense: includes every act or omission for which a fine, forfeiture, or punishment is imposed by law. See West Virginia Code 2-2-10
• Office: means any office, division, board, agency, unit, organizational entity or component thereof within the Department of Environmental Protection. See West Virginia Code 22-1-2
• Open dump: means any solid waste disposal which does not have a permit under this article, or is in violation of state law, or where solid waste is disposed in a manner that does not protect the environment. See West Virginia Code 22-15-2
• Oversight: Committee review of the activities of a Federal agency or program.
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• persons: means any industrial user, public or private corporation, institution, association, firm, or company organized or existing under the laws of this or any other state or country. See West Virginia Code 22-15-2
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• Publicly owned treatment works: means any treatment works owned by the state or any political subdivision thereof, any municipality or any other public entity which processes raw domestic, industrial, or municipal sewage by any artificial or natural processes in order to remove or so alter constituents as to render the waste less offensive or dangerous to the public health, comfort, or property of any of the inhabitants of this state before the discharge of the plant effluent into any of the waters of this state, and which produces sewage sludge. See West Virginia Code 22-15-2
• Pyrolysis: means a manufacturing process through which post-use polymers are heated in the absence of oxygen until melted and thermally decomposed and are then cooled, condensed, and converted into valuable raw materials and intermediate and final products, including, but not limited to, plastic monomers, chemicals, waxes, lubricants, plastic and chemical feedstocks, and other basic hydrocarbons, that are returned to economic utility in the form of raw materials or products. See West Virginia Code 22-15-2
• Recovered feedstock: means one or more of the following materials that has been processed so that it may be used as feedstock in an advanced recycling facility:

  (1) Post-use polymers. See West Virginia Code 22-15-2

• 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 this article, §. See West Virginia Code 22-15-2
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Secretary: means the Secretary of the Department of Environmental Protection or such other person to whom the secretary has delegated authority or duties pursuant to §. See West Virginia Code 22-15-2
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Sewage sludge: means solid, semisolid, or liquid residue generated during the treatment of domestic sewage in a treatment works. See West Virginia Code 22-15-2
• Sewage sludge processing facility: is a solid waste facility that processes sewage sludge for: (A) Land application. See West Virginia Code 22-15-2
• Sludge: means any solid, semisolid, residue, or precipitate, separated from or created by a municipal, commercial, or industrial waste treatment plant, water supply treatment plant, air pollution control facility, or any other such waste having similar origin. See West Virginia Code 22-15-2
• Solid waste: means any garbage, paper, litter, refuse, cans, bottles, waste processed for the express purpose of incineration. See West Virginia Code 22-15-2
• Solid waste disposal: means the practice of disposing of solid waste including placing, depositing, dumping, throwing, or causing any solid waste to be placed, deposited, dumped, or thrown. See West Virginia Code 22-15-2
• 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 §. See West Virginia Code 22-15-2
• Solvolysis: means a manufacturing process through which post-use polymers are purified with the aid of solvents, while heated at low temperatures and/or pressurized to make useful products, allowing additives and contaminants to be separated. See West Virginia Code 22-15-2
• Source-separated materials: means materials separated from general solid waste at the point of origin for the purpose of reuse and recycling but does not mean sewage sludge. See West Virginia Code 22-15-2
• 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
• Statute: A law passed by a legislature.