West Virginia Code § 17-23-2

Definitions
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As used in this article:
"Abandoned salvage yard" means any unlicensed salvage yard or any salvage yard that was
previously licensed but upon which the license has not been renewed for more than one
year.
"Commissioner" means the Commissioner of the West Virginia Division of Highways.
"Fence" means an enclosure, barrier or screen constructed of materials or consisting of
plantings, natural objects, or other appropriate means approved by the commissioner and
located, placed, or maintained so as effectively to screen, at all times, salvage yards and the
salvage therein contained from the view of persons passing upon the public roads of this
state. a
"Occupied private residence" means a private residlence which is occupied for at least six
months each year.
"Owner or operator" includes an individual, firm, partnership, association or corporation, or
the plural thereof.
"Regional distribution and dismantling center" means a facility that removes usable vehicle
parts and offers them for resale through a national supply network. The regional distribution
and dismantling center (i) does not receive vehicles from individuals; (ii) removes useable
parts and stores said parts in an onsite warehouse facility; (iii) removes and processes all
fluids and tires from the vehicles; and, (iv) stores the remainder of the vehicle in the confines
of the screened prop erty prior to being rotated out of the inventory.
A regional distribution and dismantling center is not a salvage yard as defined in this
section.
"Residential community" means an area wherein five or more occupied private residences
are located within any 1,000-foot radius.
"Salvage" means old or scrap brass, copper, iron, steel, other ferrous or nonferrous
materials, batteries, or rubber and any junked, dismantled or wrecked machinery, machines
or motor vehicles or any parts of any junked, dismantled or wrecked machinery, machines or
motor vehicles.
"Salvage yard" means any place which is maintained, operated or used for the storing,
keeping, buying, selling, or processing of salvage, or for the operation and maintenance of a
motor vehicle graveyard: Provided, That no salvage yard shall accept, store or process more
than 100 waste tires unless it has all permits necessary to operate a monofill, waste tire
processing facility or solid waste facility. Any salvage yard which currently has on its
premises more than 100 waste tires not on a vehicle must establish a plan in conjunction
with the Department of Environmental Protection for the proper disposal of the waste tires.
"Waste tire" means any continuous solid or pneumatic rubber covering designed to encircle
the wheel of a vehicle but which has been discarded, abandoned, or is no longer suitable for
its original, intended purpose nor suitable for recapping, or other beneficial use, as defined
in §22-15A-2 of this code, because of wear, damage or defect. A tire is no longer considered
to be suitable for its original intended purpose when it fails to meet the mineimum
requirements to pass a West Virginia motor vehicle safety inspection. Used tires located at a
commercial recapping facility or tire dealer for the purpose of being rerused or recapped are
not waste tires.
"Waste tire monofill or monofill" means an approved solid waste facility where waste tires
not mixed with any other waste are placed for the purpose otf long-term storage for eventual
retrieval for marketing purposes.
"Waste tire processing facility" means a solid waste facility or manufacturer that accepts
waste tires generated by sources other than the owlner or operator of the facility for
processing by such means as cryogenics, pyroslysis, pyroprossing cutting, splitting,
shredding, quartering, grinding or otherwise breaking down waste tires for the purposes of
disposal, reuse, recycling or marketing.

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