West Virginia Code § 22-15-3

Special provision for wood waste
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(a) The purpose of this section is to allow for the combustion of wood waste without a solid
waste facility permit and to allow facilities to use wood waste as an alternative fuel.
(b) "Wood waste" means wood residues from logging operations, sawmills, wood product
manufacturing, furniture making operations, recycling of wood products and other industrial
processes, but does not include wood waste which contains hazardous constituents,
including copper chromium arsenate, which would cause such wood waste to be regulated
pursuant to article eighteen of this chapter.
(c) For purposes of section two of this article and section two, article four, chapter twenty-
two-c of this code:
(1) Wood waste is not "solid waste" unless disposed of aat a solid waste facility or an open
dump;
(2) Wood waste is a material which may be used as an effective substitute for commercial
products or raw material feedstock.
(d) The use of incineration technologies in an energy recovery incinerator for the purposes of
combusting wood waste is not prohibited and no solid waste facility permit is required. The
provisions of this section do not allow the combustion of wood waste without a source permit
from the director if such permit is required by article five of this chapter or the rules
promulgated under the provisions of said article five.
(e) The division may promulgate legislative rules, in accordance with the provisions of
chapter twenty-nine- a of this code, to effectuate the purposes of this section.

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