West Virginia Code 22-18-5 – Powers and duties of director; integration with other acts; establishment of study of hazardous waste management
(a) In addition to all other powers and duties prescribed in this article or otherwise by law, and unless otherwise specifically set forth in this article, the director shall perform any and all acts necessary to carry out the purposes and requirements of Subtitle C of the Resource Conservation and Recovery Act.
Terms Used In West Virginia Code 22-18-5
- Director: means the director of the Division of Environmental Protection or such other person to whom the director has delegated authority or duties pursuant to sections six or eight, article one of this chapter. See West Virginia Code 22-18-3
- Division: means the Division of Environmental Protection. See West Virginia Code 22-18-3
- Hazardous waste: means a waste or combination of wastes, which because of its quantity, concentration or physical, chemical or infectious characteristics, may: (A) Cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness. See West Virginia Code 22-18-3
- Hazardous waste management: means the systematic control of the collection, source separation, storage, transportation, processing, treatment, recovery and disposal of hazardous wastes. See West Virginia Code 22-18-3
- Resource Conservation and Recovery Act: means the federal Resource Conservation and Recovery Act of 1976, 90 Stat. See West Virginia Code 22-18-3
- 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
- Subtitle C: means Subtitle C of the Resource Conservation and Recovery Act. See West Virginia Code 22-18-3
- Waste: means any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant or air pollution control facility and other discarded material including solid, liquid, semisolid or contained gaseous material resulting from industrial, commercial, mining and agricultural operations and from community activities, but does not include solid or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under Section 402 of the federal Water Pollution Control Act, as amended, or source, special nuclear or by-product material as defined by the federal Atomic Energy Act of 1954, as amended. See West Virginia Code 22-18-3
(b) The director shall integrate all provisions of this article for purposes of administration and enforcement and shall avoid duplication to the maximum extent practicable, with the appropriate provisions of: The public health laws in chapter sixteen of this code; article sixteen-a, chapter nineteen of this code; this chapter; and chapters twenty-two-b and twenty-two-c of this code.
(c) The director may enter into any agreements, including reimbursement for services rendered, contracts or cooperative arrangements, under such terms and conditions as he or she deems appropriate, with other state agencies, educational institutions or other organizations and individuals as necessary to implement the provisions of this article.
(d) The director shall cooperate with and may receive and expend money from the federal government and other sources.
(e) The director shall: (1) Encourage, participate in and conduct an ongoing investigation and analysis of methods, incentives, technologies of source reduction, reuse, recycling or recovery of potentially hazardous waste and a strategy for encouraging the utilization or reduction of hazardous waste; and (2) investigate the feasibility of operating an information clearinghouse for hazardous wastes.
(f) The director shall provide for the continuing education and training of appropriate division personnel in matters of hazardous waste management.