2006 Code of Virginia § 10.1-1400 - Definitions

10.1-1400. Definitions.

As used in this chapter unless the context requires a different meaning:

"Applicant" means any and all persons seeking or holding a permit requiredunder this chapter.

"Board" means the Virginia Waste Management Board.

"Composting" means the manipulation of the natural aerobic process ofdecomposition of organic materials to increase the rate of decomposition.

"Department" means the Department of Environmental Quality.

"Director" means the Director of the Department of Environmental Quality.

"Disclosure statement" means a sworn statement or affirmation, in such formas may be required by the Director, which includes:

1. The full name, business address, and social security number of all keypersonnel;

2. The full name and business address of any entity, other than a naturalperson, that collects, transports, treats, stores, or disposes of solid wasteor hazardous waste in which any key personnel holds an equity interest offive percent or more;

3. A description of the business experience of all key personnel listed inthe disclosure statement;

4. A listing of all permits or licenses required for the collection,transportation, treatment, storage or disposal of solid waste or hazardouswaste issued to or held by any key personnel within the past 10 years;

5. A listing and explanation of any notices of violation, prosecutions,administrative orders (whether by consent or otherwise), license or permitsuspensions or revocations, or enforcement actions of any sort by any state,federal or local authority, within the past 10 years, which are pending orhave concluded with a finding of violation or entry of a consent agreement,regarding an allegation of civil or criminal violation of any law, regulationor requirement relating to the collection, transportation, treatment, storageor disposal of solid waste or hazardous waste by any key personnel, and anitemized list of all convictions within 10 years of key personnel of any ofthe following crimes punishable as felonies under the laws of theCommonwealth or the equivalent thereof under the laws of any otherjurisdiction: murder; kidnapping; gambling; robbery; bribery; extortion;criminal usury; arson; burglary; theft and related crimes; forgery andfraudulent practices; fraud in the offering, sale, or purchase of securities;alteration of motor vehicle identification numbers; unlawful manufacture,purchase, use or transfer of firearms; unlawful possession or use ofdestructive devices or explosives; violation of the Drug Control Act, Chapter34 ( 54.1-3400 et seq.) of Title 54.1; racketeering; or violation ofantitrust laws;

6. A listing of all agencies outside the Commonwealth which have regulatoryresponsibility over the applicant or have issued any environmental permit orlicense to the applicant within the past 10 years, in connection with theapplicant's collection, transportation, treatment, storage, or disposal ofsolid waste or hazardous waste;

7. Any other information about the applicant and the key personnel that theDirector may require that reasonably relates to the qualifications andability of the key personnel or the applicant to lawfully and competentlyoperate a solid waste management facility in Virginia; and

8. The full name and business address of any member of the local governingbody or planning commission in which the solid waste management facility islocated or proposed to be located, who holds an equity interest in thefacility.

"Disposal" means the discharge, deposit, injection, dumping, spilling,leaking or placing of any solid waste into or on any land or water so thatsuch solid waste or any constituent thereof may enter the environment or beemitted into the air or discharged into any waters, including ground waters.

"Equity" includes both legal and equitable interests.

"Federal acts" means any act of Congress providing for waste management andregulations promulgated thereunder.

"Hazardous material" means a substance or material in a form or quantitywhich may pose an unreasonable risk to health, safety or property whentransported, and which the Secretary of Transportation of the United Stateshas so designated by regulation or order.

"Hazardous substance" means a substance listed under United States PublicLaw 96-510, entitled the Comprehensive Environmental Response Compensationand Liability Act.

"Hazardous waste" means a solid waste or combination of solid waste which,because of its quantity, concentration or physical, chemical or infectiouscharacteristics, may:

1. Cause or significantly contribute to an increase in mortality or anincrease in serious irreversible or incapacitating illness; or

2. Pose a substantial present or potential hazard to human health or theenvironment when improperly treated, stored, transported, disposed of, orotherwise managed.

"Hazardous waste generation" means the act or process of producinghazardous waste.

"Household hazardous waste" means any waste material derived fromhouseholds (including single and multiple residences, hotels, motels,bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds andday-use recreation areas) which, except for the fact that it is derived froma household, would be classified as a hazardous waste, including but notlimited to, nickel, cadmium, mercuric oxide, manganese, zinc-carbon or leadbatteries; solvent-based paint, paint thinner, paint strippers, or otherpaint solvents; any product containing trichloroethylene, toxic art supplies,used motor oil and unusable gasoline or kerosene, fluorescent or highintensity light bulbs, ammunition, fireworks, banned pesticides, orrestricted-use pesticides as defined in 3.1-249.27. All empty householdproduct containers and any household products in legal distribution, storageor use shall not be considered household hazardous waste.

"Key personnel" means the applicant itself and any person employed by theapplicant in a managerial capacity, or empowered to make discretionarydecisions, with respect to the solid waste or hazardous waste operations ofthe applicant in Virginia, but shall not include employees exclusivelyengaged in the physical or mechanical collection, transportation, treatment,storage, or disposal of solid or hazardous waste and such other employees asthe Director may designate by regulation. If the applicant has not previouslyconducted solid waste or hazardous waste operations in Virginia, the termalso includes any officer, director, partner of the applicant, or any holderof five percent or more of the equity or debt of the applicant. If any holderof five percent or more of the equity or debt of the applicant or of any keypersonnel is not a natural person, the term includes all key personnel ofthat entity, provided that where such entity is a chartered lendinginstitution or a reporting company under the Federal Securities Exchange Actof 1934, the term does not include key personnel of such entity. Providedfurther that the term means the chief executive officer of any agency of theUnited States or of any agency or political subdivision of the Commonwealth,and all key personnel of any person, other than a natural person, thatoperates a landfill or other facility for the disposal, treatment or storageof nonhazardous solid waste under contract with or for one of thosegovernmental entities.

"Manifest" means the form used for identifying the quantity, composition,origin, routing and destination of hazardous waste during its transportationfrom the point of generation to the point of disposal, treatment or storageof such hazardous waste.

"Mixed radioactive waste" means radioactive waste that contains a substancewhich renders the mixture a hazardous waste.

"Open dump" means a site on which any solid waste is placed, discharged,deposited, injected, dumped or spilled so as to create a nuisance or presenta threat of a release of harmful substances into the environment or present ahazard to human health.

"Person" includes an individual, corporation, partnership, association, agovernmental body, a municipal corporation or any other legal entity.

"Radioactive waste" or "nuclear waste" includes:

1. "Low-level radioactive waste" material that:

a. Is not high-level radioactive waste, spent nuclear fuel, transuranicwaste, or by-product material as defined in section 11e (2) of the AtomicEnergy Act of 1954 (42 U.S.C. 2014 (e) (2)); and

b. The Nuclear Regulatory Commission, consistent with existing law,classifies as low-level radioactive waste; or

2. "High-level radioactive waste" which means:

a. The highly radioactive material resulting from the reprocessing of spentnuclear fuel, including liquid waste produced directly in reprocessing andany solid material derived from such liquid waste that contains fissionproducts in sufficient concentrations; and

b. Other highly radioactive material that the Nuclear Regulatory Commission,consistent with existing law, determines by rule requires permanent isolation.

"Recycling residue" means the (i) nonmetallic substances, including but notlimited to plastic, rubber, and insulation, which remain after a shredder hasseparated for purposes of recycling the ferrous and nonferrous metal from amotor vehicle, appliance, or other discarded metallic item and (ii) organicwaste remaining after removal of metals, glass, plastics and paper which areto be recycled as part of a resource recovery process for municipal solidwaste resulting in the production of a refuse derived fuel.

"Resource conservation" means reduction of the amounts of solid waste thatare generated, reduction of overall resource consumption and utilization ofrecovered resources.

"Resource recovery" means the recovery of material or energy from solidwaste.

"Resource recovery system" means a solid waste management system whichprovides for collection, separation, recycling and recovery of solid wastes,including disposal of nonrecoverable waste residues.

"Sanitary landfill" means a disposal facility for solid waste so located,designed and operated that it does not pose a substantial present orpotential hazard to human health or the environment, including pollution ofair, land, surface water or ground water.

"Sludge" means any solid, semisolid or liquid wastes with similarcharacteristics and effects generated from a public, municipal, commercial orindustrial wastewater treatment plant, water supply treatment plant, airpollution control facility or any other waste producing facility.

"Solid waste" means any garbage, refuse, sludge and other discardedmaterial, including solid, liquid, semisolid or contained gaseous material,resulting from industrial, commercial, mining and agricultural operations, orcommunity activities but does not include (i) solid or dissolved material indomestic sewage, (ii) solid or dissolved material in irrigation return flowsor in industrial discharges which are sources subject to a permit from theState Water Control Board, or (iii) source, special nuclear, or by-productmaterial as defined by the Federal Atomic Energy Act of 1954, as amended.

"Solid waste management facility" means a site used for planned treating,long term storage, or disposing of solid waste. A facility may consist ofseveral treatment, storage, or disposal units.

"Transport" or "transportation" means any movement of property and anypacking, loading, unloading or storage incidental thereto.

"Treatment" means any method, technique or process, including incinerationor neutralization, designed to change the physical, chemical or biologicalcharacter or composition of any waste to neutralize it or to render it lesshazardous or nonhazardous, safer for transport, amenable to recovery orstorage or reduced in volume.

"Vegetative waste" means decomposable materials generated by yard and lawncare or land-clearing activities and includes, but is not limited to, leaves,grass trimmings, and woody wastes such as shrub and tree prunings, bark,limbs, roots, and stumps.

"Waste" means any solid, hazardous or radioactive waste as defined in thissection.

"Waste management" means the collection, source separation, storage,transportation, transfer, processing, treatment and disposal of waste orresource recovery.

"Yard waste" means decomposable waste materials generated by yard and lawncare and includes leaves, grass trimmings, brush, wood chips, and shrub andtree trimmings. Yard waste shall not include roots or stumps that exceed sixinches in diameter.

(1986, c. 492, 10-264, 10-268; 1987, c. 120; 1988, cc. 117, 891; 1990, cc.499, 781, 919; 1993, cc. 214, 215, 496; 1996, c. 236; 1997, c. 294; 2001, c.569; 2003, c. 620.)