West Virginia Code § 22-18-3

Definitions
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Unless the context in which used clearly requires a different meaning, as used in this article:
(1) "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;
(2) "Disposal" means the discharge, deposit, injection, dumping, spilling, leaking or placing
of any hazardous waste into or on any land or water so that such hazardous waste or any
constituent thereof may enter the environment or be emitted intuo the air, or discharged into
any waters, including groundwaters;
(3) "Division" means the Division of Environmental Protection;
(4) "Generation" means the act or process of producing hazardous waste materials;
(5) "Hazardous and Solid Waste Amendments of 1984" means the federal Hazardous and
Solid Waste Amendments of 1984 (P.L. 98-616) amending the Resource Conservation and
Recovery Act;
(6) "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; or (B) pose a substantial present or potential hazard to
human health or the environment when improperly treated, stored, transported, disposed of
or otherwise managed;
(7) "Hazardous waste fuel" means fuel produced from any hazardous waste identified or
listed pursuant to subdivision (2), subsection (a), section six of this article, or produced from
any hazardous waste identified or listed pursuant to section six;
(8) "Hazardous waste management" means the systematic control of the collection, source
separation, storage, transportation, processing, treatment, recovery and disposal of
hazardous wastes;
(9) "Land disposal" means any placement of hazardous waste in a landfill, surface
impoundment, waste pile, injection well, land treatment facility, salt dome formation, salt
bed formation, or underground mine or cave;
(10) "Manifest" means the form used for identifying the quantity, composition and the origin,
routing and destination of hazardous waste during its transportation from the point of
generation to the point of disposal, treatment or storage;
(11) "Person" means any individual, trust, firm, joint stock company, public, private or
government corporation, partnership, association, state or federal agency, the United States
government, this state or any other state, municipality, county commission or any other
political subdivision of a state or any interstate body;
(12) "Resource Conservation and Recovery Act" means the federal Resource Conservation
and Recovery Act of 1976, 90 Stat. 2806, as amended;
(13) "Storage" means the containment of hazardous waste, either on a temporary basis or
for a period of years, in such a manner as not to constitute disposal of such hazardous waste;
(14) "Subtitle C" means Subtitle C of the Resource Conservation and Recovery Act;
(15) "Treatment" means any method, technique or process, including neutralization,
designed to change the physical, chemical or biological character or composition of any
hazardous waste so as to neutralize such waste or so as to render such waste nonhazardous,
safer for transport, amenable to recovery, amenable toa storage or reduced in volume. Such
term includes any activity or processing designed to change the physical form or chemical
composition of hazardous waste so as to render it nlonhazardous;
(16) "Waste" means any garbage, refuse, sludge from a waste treatment plant, water supply
treatment plant or air pollution control faciility 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.

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