Terms Used In West Virginia Code > Chapter 5 > Article 6 - State Buildings

• Abandoned well: means any well which is required to be plugged under the provisions of section nineteen, article six of this chapter and rules promulgated pursuant thereto. See West Virginia Code 22-10-3
• activities: means any activity or activities for which a permit is required by section seven of this article. See West Virginia Code 22-11-3
• Activity and use limitations: means restrictions or obligations created under this article with respect to real property. See West Virginia Code 22-22B-2
• Advanced recycling: means a manufacturing process for the conversion of post-use polymers and recovered feedstocks into basic hydrocarbon raw materials, feedstocks, chemicals, and other products like waxes and lubricants through processes that include pyrolysis, gasification, depolymerization, catalytic cracking, hydrogenation, solvolysis, and other similar technologies. See West Virginia Code 22-15-2
• Advanced recycling facility: means a facility that receives, stores, and converts post-use polymers and recovered feedstocks it receives using advanced recycling. See West Virginia Code 22-15-2
• Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• Agency: means the Department of Environmental Protection or any federal agency that determines or approves the environmental response project pursuant to which the environmental covenant is created. See West Virginia Code 22-22B-2
• Agency action: means the issuance, renewal or denial of any permit, license or other required agency approval, or any terms or conditions thereof, or any order or other directive issued by the Division of Environmental Protection, bureau of public health, Department of Agriculture or any other agency of the state or a political subdivision to the extent that such action relates directly to the implementation, administration or enforcement of this article. See West Virginia Code 22-12-3
• Agronomic rate: means the whole sewage sludge application rate, by dry weight, designed:

  (1) To provide the amount of nitrogen needed by the food crop, feed crop, fiber crop, cover crop, or vegetation on the land. See West Virginia Code 22-15-2

• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Applicant: means the person applying for a commercial solid waste facility permit or similar renewal permit and any person related to such person by virtue of common ownership, common management, or family relationships as the director may specify, including the following: Spouses, parents, children, and siblings. See West Virginia Code 22-15-2
• applicant: means any industrial user, public or private corporation, institution, association, firm or company organized or existing under the laws of this or any other state or country. See West Virginia Code 22-11-3
• Application for a certificate of approval: means the written application provided to the secretary requesting that a person be issued a certificate of approval. See West Virginia Code 22-14-3
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Approved solid waste facility: means a solid waste facility or practice which has a valid permit under this article. See West Virginia Code 22-15-2
• Appurtenant works: means any structure or facility that is an adjunct of, or connected, appended or annexed to, a dam, including, but not limited to, spillways, a reservoir and its rim, low-level outlet works or water conduits such as tunnels, pipelines and penstocks either through the dam or its abutments. See West Virginia Code 22-14-3
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
• Authority: means the Water Development Authority provided in section four, article one, chapter . See West Virginia Code 22-14-3
• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• Beneficial use: means the use or reuse of whole waste tires or tire derived material which are reused in constructing retaining walls, rebuilding highway shoulders and subbase, building highway crash attenuation barriers and other civil engineering applications, feed hopper or watering troughs for livestock, other agricultural uses approved by the Department of Environmental Protection, playground equipment, boat or truck dock construction, house or building construction, go-cart, motorbike or race track barriers, recapping, alternative daily cover or similar types of beneficial applications: Provided, That waste tires may not be reused as fencing, as erosion control structures, along stream banks or river banks or reused in any manner where human health or the environment, as determined by the Secretary of the Department of Environmental Protection, is put at risk. See West Virginia Code 22-15A-2
• Beneficial uses: means those uses which are protective of human health and welfare and the environment. See West Virginia Code 22-12-3
• Board: means the state water resources environmental quality board. See West Virginia Code 22-12-3
• Board: means the environmental quality board. See West Virginia Code 22-13-3
• Board: means the environmental quality board, provided in article three, chapter . See West Virginia Code 22-11-3
• Brand: means the name, symbol, logo, trademark, or other information that identifies a product rather than the components of the product. See West Virginia Code 22-15A-2
• Brownfield: means any industrial or commercial property which is abandoned or not being actively used by the owner as of the effective date of this article, but shall not include any site subject to a unilateral enforcement order under §. See West Virginia Code 22-22-2
• Carbon dioxide: means carbon dioxide produced by anthropogenic sources which is of such purity and quality that it will not compromise the safety of geologic storage and will not compromise those properties of a storage reservoir which allow the reservoir to effectively enclose and contain a stored gas. See West Virginia Code 22-11B-2
• Carbon dioxide sequestration: means the injection of carbon dioxide and associated constituents into subsurface geologic formations intended to prevent its release into the atmosphere. See West Virginia Code 22-11A-2
• Carbon dioxide sequestration facilities: means the surface equipment used for transport, storage and injection of carbon dioxide, excluding pipelines used to transport carbon dioxide from one or more capture facilities to the sequestration injection site or sites. See West Virginia Code 22-11A-2
• Carbon dioxide sequestration site: means the underground carbon dioxide formations where the carbon dioxide is stored or is intended to be stored. See West Virginia Code 22-11A-2
• carbon dioxide storage: means the injection of carbon dioxide and associated constituents into subsurface geologic reservoirs intended to provide for the long-term containment of a gaseous, liquid, or supercritical carbon dioxide stream in subsurface geologic formations and thereby prevent its release into the atmosphere. See West Virginia Code 22-11B-2
• Catalytic cracking: is a manufacturing process through which post-use polymers are heated and melted in the absence of oxygen and then processed in the presence of a catalyst to produce valuable raw materials and intermediate and final products, including, but not limited to, plastic monomers, chemicals, waxes, lubricants, plastic and chemical feedstocks, and other basic hydrocarbons. See West Virginia Code 22-15-2
• Certificate of approval: means the written approval issued by the secretary to a person who has applied to the secretary for a certificate of approval that authorizes the person to place, construct, enlarge, alter, repair or remove a dam and specifies the conditions or limitations under which the work is to be performed by that person. See West Virginia Code 22-14-3
• Chief: means the Secretary of the Department of Environmental Protection, or his or her designee, who is also the chief executive officer of an office, division or section within the department. See West Virginia Code 22-1-2
• Chief: means the chief of the office of oil and gas of the Division of Environmental Protection provided for in section eight, article one of this chapter. See West Virginia Code 22-21-2
• Chief: means the director of the division of water and waste management of the Department of Environmental Protection. See West Virginia Code 22-11-3
• Class A facility: means a commercial solid waste facility which handles an aggregate of between 10,000 and 30,000 tons of solid waste per month. See West Virginia Code 22-15-2
• Cleanup: means such actions as may be necessary to monitor, assess and evaluate the threat of release of hazardous waste or hazardous substances, the containment, collection, control, identification, treatment, dispersal, removal or disposal of hazardous waste or other such actions as may be necessary to respond to hazardous waste or hazardous substance emergencies or to prevent, minimize or mitigate damage to the public health, safety, welfare or to the environment, and includes, where necessary, replacement of existing, or provision of alternative, drinking water supplies that have been contaminated with hazardous waste as a result of an emergency. See West Virginia Code 22-19-2
• Cleanup costs: means all costs incurred by the director, or with the approval of the director, by any state agency or person participating in the cleanup of a hazardous waste or hazardous substance emergency or remedial action and also includes responding to emergencies that may contain petroleum products: Provided, That cleanup costs do not include expenditures for remediation of or responding to releases from underground storage tanks. See West Virginia Code 22-19-2
• coal mine: means those operations in a coal seam which include the excavated and abandoned portions as well as the places actually being worked. See West Virginia Code 22-9-1
• Coal operator: means any person who proposes to or does operate a coal mine. See West Virginia Code 22-21-2
• Coal owner: means any person who owns or leases a coal seam. See West Virginia Code 22-21-2
• coal seam: means a seam of coal, whether workable or unworkable, and the noncoal roof and floor of said seam of coal. See West Virginia Code 22-21-2
• Coalbed methane: means gas which can be produced from a coal seam, the rock or other strata in communication with a coal seam, a mined-out area or a gob well. See West Virginia Code 22-21-2
• Coalbed methane owner: means any owner of coalbed methane. See West Virginia Code 22-21-2
• Coalbed methane well: means any hole or well sunk, drilled, bored or dug into the earth for the production of coalbed methane for consumption or sale, including a gob well. See West Virginia Code 22-21-2
• Code: means the Code of West Virginia, 1931, as amended. See West Virginia Code 22-11-3
• Collected for commercial purposes: means taking solid waste for disposal from any person for remuneration regardless of whether or not the person taking the solid waste is a common carrier by motor vehicle governed by article two, chapter . See West Virginia Code 22-15A-2
• Commercial composting facility: means any solid waste facility processing solid waste by composting, including sludge composting, organic waste or yard waste composting, but does not include a composting facility owned and operated by a person for the sole purpose of composting waste created by that person or such person and other persons on a cost-sharing or nonprofit basis and shall not include land upon which finished or matured compost is applied for use as a soil amendment or conditioner. See West Virginia Code 22-15-2
• Commercial recycler: means any person, corporation, or business entity whose operation involves the mechanical separation of materials for the purpose of reselling or recycling at least 70 percent by weight of the materials coming into the commercial recycling facility. See West Virginia Code 22-15-2
• Commercial recycler: means any person, corporation or business entity whose operation involves the mechanical separation of materials for the purpose of reselling or recycling at least seventy percent by weight of the materials coming into the commercial recycling facility. See West Virginia Code 22-16-2
• Commercial solid waste facility: means any solid waste facility which accepts solid waste generated by sources other than the owner or operator of the facility and does not include an approved solid waste facility owned and operated by a person for the sole purpose of the disposal, processing, or composting of solid wastes created by that person or such person and other persons on a cost-sharing or nonprofit basis and does not include land upon which reused or recycled materials are legitimately applied for structural fill, road base, mine reclamation, and similar applications. See West Virginia Code 22-15-2
• Commission: means the Oil and Gas Conservation Commission established pursuant to §. See West Virginia Code 22-11B-2
• Common interest community: means a condominium, cooperative, or other real property with respect to which a person, by virtue of the person'. See West Virginia Code 22-22B-2
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Completion certificate: means a Certificate of Underground Carbon Dioxide Storage Project Completion. See West Virginia Code 22-11B-2
• Compost: means a humus-like material resulting from aerobic, microbial, or thermophilic decomposition of organic materials. See West Virginia Code 22-15-2
• Composting: means the aerobic, microbial, or thermophilic decomposition of natural constituents of solid waste to produce a stable, humus-like material. See West Virginia Code 22-15-2
• Computer: means a desktop, personal computer or laptop computer, including the computer monitor. See West Virginia Code 22-15A-2
• Concurrent resolution: A legislative measure, designated "S. Con. Res." and numbered consecutively upon introduction, generally employed to address the sentiments of both chambers, to deal with issues or matters affecting both houses, such as a concurrent budget resolution, or to create a temporary joint committee. Concurrent resolutions are not submitted to the President/Governor and thus do not have the force of law.
• Constituent: means any chemical or biological substance found in groundwater due to either natural or man-made conditions. See West Virginia Code 22-12-3
• contamination: means any man made or man induced alteration of the chemical, physical or biological integrity of soils, sediments, air and surface water or groundwater resulting from activities regulated under this article, in excess of applicable standards in this chapter, including any hazardous substance, petroleum, or natural gas. See West Virginia Code 22-22-2
• Contract: A legal written agreement that becomes binding when signed.
• Controls: means to apply engineering measures, such as capping or treatment, or institutional measures, such as deed restrictions, to contaminated sites. See West Virginia Code 22-22-2
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Court: means any circuit, magistrate or municipal court. See West Virginia Code 22-15A-2
• Covered electronic device: means a television, computer or video display device with a screen that is greater than four inches measured diagonally. See West Virginia Code 22-15A-2
• Dam: means an artificial barrier or obstruction, including any works appurtenant to it and any reservoir created by it, which is or will be placed, constructed, enlarged, altered or repaired so that it does or will impound or divert water and:

  (A) Is or will be twenty-five feet or more in height from the natural bed of the stream or watercourse measured at the downstream toe of the barrier and which does or can impound fifteen acre-feet or more of water. See West Virginia Code 22-14-3

• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Deficient dam: means a noncoal-related dam that exhibits one or more design, maintenance or operational problems that may adversely affect the performance of the dam over a period of time or during a major storm or other inclement weather that may cause loss of life or property. See West Virginia Code 22-14-3
• Department: means the Department of Environmental Protection. See West Virginia Code 22-14-3
• Department: means the Department of Environmental Protection. See West Virginia Code 22-15-2
• Department: means the Department of Environmental Protection. See West Virginia Code 22-15A-2
• Department: means the Department of Environmental Protection. See West Virginia Code 22-11-3
• Department: means the Department of Environmental Protection. See West Virginia Code 22-11A-2
• Depolymerization: means a manufacturing process where post-use polymers are broken into smaller molecules such as monomers and oligomers or raw, intermediate, or final products, plastics and chemical feedstocks, basic and unfinished chemicals, . See West Virginia Code 22-15-2
• Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
• Development authority: means any authority as defined in article twelve, chapter . See West Virginia Code 22-22-2
• Director: means the Secretary of the Department of Environmental Protection or his or her designee. See West Virginia Code 22-1-2
• 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 22-12-3
• 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 22-13-3
• Director: means the director of the Division of Environmental Protection or such other person to whom the director has delegated duties or authority pursuant to sections six or eight, article one of this chapter. See West Virginia Code 22-16-2
• 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
• Director: means the director of the Division of Environmental Protection. See West Virginia Code 22-21-2
• 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 this article. See West Virginia Code 22-22-2
• Director: means for the purpose of this article, the director of the Division of Environmental Protection as established in article one of this chapter or such other person to whom the director may delegate authority or duties pursuant to sections six or eight, article one of this chapter. See West Virginia Code 22-10-3
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• 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 into the air, or discharged into any waters, including groundwaters. See West Virginia Code 22-18-3
• Disposal system: means a system for treating or disposing of sewage, industrial wastes or other wastes, or the effluent therefrom, either by surface or underground methods, and includes sewer systems, the use of subterranean spaces, treatment works, disposal wells and other systems. See West Virginia Code 22-11-3
• Disposal well: means any well drilled or used for the injection or disposal of treated or untreated sewage, industrial wastes or other wastes into underground strata. See West Virginia Code 22-11-3
• Division: means the Department of Environmental Protection. See West Virginia Code 22-1-2
• Division: means the Division of Environmental Protection. See West Virginia Code 22-18-3
• Division: means the Division of Environmental Protection. See West Virginia Code 22-21-2
• Division: means the Division of Environmental Protection of the State of West Virginia. See West Virginia Code 22-22-2
• Docket: A log containing brief entries of court proceedings.
• Donor: The person who makes a gift.
• Effluent limitation: means any restriction established on quantities, rates and concentrations of chemical, physical, biological and other constituents which are discharged into the waters of this state. See West Virginia Code 22-11-3
• Energy recovery incinerator: means any solid waste facility at which solid wastes are incinerated with the intention of using the resulting energy for the generation of steam, electricity, or any other use not specified herein. See West Virginia Code 22-15-2
• Enlargement: means any change in or addition to an existing dam which: (1) Raises the height of the dam. See West Virginia Code 22-14-3
• Environmental covenant: means a servitude arising under an environmental response project that imposes activity and use limitations. See West Virginia Code 22-22B-2
• Environmental response project: means a plan or work performed for environmental remediation of real property and conducted:

  (A) Under a federal or state program governing environmental remediation of real property, including article twenty-two of this chapter. See West Virginia Code 22-22B-2

• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• Establishment: means an industrial establishment, mill, factory, tannery, paper or pulp mill, mine, colliery, breaker or mineral processing operation, quarry, refinery, well and each and every industry or plant or works in the operation or process of which industrial wastes, sewage or other wastes are produced. See West Virginia Code 22-11-3
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Excursion: means the migrating of carbon dioxide at or beyond the boundary of a carbon dioxide sequestration site. See West Virginia Code 22-11A-2
• Executor: A male person named in a will to carry out the decedent
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• Fiduciary: A trustee, executor, or administrator.
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• Fraud: Intentional deception resulting in injury to another.
• Free-flowing: means existing or flowing in natural condition without impoundment, by diversion, or flooding of the waterway. See West Virginia Code 22-13-3
• Function: means any duty, obligation, power, authority, responsibility, right, privilege, activity or program. See West Virginia Code 22-1-2
• gas: means any gaseous substance. See West Virginia Code 22-9-1
• Gasification: means a manufacturing process through which recovered feedstocks are heated and converted into a fuel and gas mixture in an oxygen-deficient atmosphere and the mixture is converted into valuable raw materials and intermediate and final products, including, but not limited to, plastic monomers, chemicals, waxes, lubricants, plastic and chemical feedstocks, and other basic hydrocarbons that are returned to economic utility in the form of raw materials and products. See West Virginia Code 22-15-2
• Generation: means the act or process of producing hazardous waste materials. See West Virginia Code 22-18-3
• Generator: means any person, corporation, partnership, association or other legal entity, by site location, whose act or process produces hazardous waste as identified or listed by the director in rules promulgated pursuant to section six, article eighteen of this chapter, in an amount greater than five thousand kilograms per year. See West Virginia Code 22-19-2
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Gob well: means a well drilled or vent hole converted to a well pursuant to this article which produces or is capable of producing coalbed methane or other natural gas from a distressed zone created above and below a mined-out coal seam by any prior full seam extraction of the coal. See West Virginia Code 22-21-2
• Grantor: The person who establishes a trust and places property into it.
• Groundwater: means the water occurring in the zone of saturation beneath the seasonal high water table, or any perched water zones. See West Virginia Code 22-12-3
• Groundwater certification: means an assurance issued by the director of the Division of Environmental Protection that a permit or other approval issued by a state, county or local government body regarding an activity that affects or is reasonably anticipated to affect groundwater complies with all requirements of this chapter, the legislative rules promulgated pursuant to this chapter in accordance with chapter twenty-nine-a of this code and any other requirements of state law, rules or agreements regarding groundwater. See West Virginia Code 22-12-3
• Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. ^{Source: OCC}
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Hazardous substance: means any substance identified as a hazardous substance pursuant to the "Comprehensive Environmental Response, Compensation and Liability Act" 94 Stat. See West Virginia Code 22-22-2
• 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
• Holder: means the grantee of an environmental covenant as specified in subsection (a), section three of this article. See West Virginia Code 22-22B-2
• Hydrogenation: is a manufacturing process through which hydrogen is used to remove impurities from post-use polymers or recovered feedstock . See West Virginia Code 22-15-2
• in writing: includes any representation of words, letters, or figures, whether by printing, engraving, writing, or otherwise. See West Virginia Code 2-2-10
• inactivate: means to shut off all flow of gas from a well by means of a temporary plug, or other suitable device or by injecting aquagel or other such equally nonporous material into the well. See West Virginia Code 22-9-1
• Incineration technologies: means any technology that uses controlled flame combustion to thermally break down solid waste, including refuse-derived fuel, to an ash residue that contains little or no combustible materials, regardless of whether the purpose is processing, disposal, electric or steam generation, or any other method by which solid waste is incinerated. See West Virginia Code 22-15-2
• Incinerator: means an enclosed device using controlled flame combustion to thermally break down solid waste, including refuse-derived fuel, to an ash residue that contains little or no combustible materials. See West Virginia Code 22-15-2
• Industrial activity: means commercial, manufacturing, public utility, mining or any other activity done to further either the development, manufacturing or distribution of goods and services, intermediate and final products and solid waste created during such activities, including, but not limited to, administration of business activities, research and development, warehousing, shipping, transport, remanufacturing, stockpiling of raw materials, storage, repair and maintenance of commercial machinery or equipment and solid waste management. See West Virginia Code 22-22-2
• Industrial user: means those industries identified in the standard industrial classification manual, United States Bureau of the Budget, 1967, as amended and supplemented, under the category "division d--manufacturing" and other classes of significant waste producers identified under regulations issued by the director or the administrator of the United States environmental protection agency. See West Virginia Code 22-11-3
• Industrial wastes: means any liquid, gaseous, solid or other waste substance, or a combination thereof, resulting from or incidental to any process of industry, manufacturing, trade or business, or from or incidental to the development, processing or recovery of any natural resources. See West Virginia Code 22-11-3
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
• Judgment: includes decrees and orders for the payment of money, or the conveyance or delivery of land or personal property, or some interest therein, or any undertaking, bond or recognizance which has the legal effect of a judgment. See West Virginia Code 2-2-10
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• 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. See West Virginia Code 22-18-3
• Land-use covenant: means a document or deed restriction issued by the director on remediated sites which have attained and demonstrate continuing compliance with site-specific standards for any contaminants at the site. See West Virginia Code 22-22-2
• Landfill: means any solid waste facility used for the disposal of solid waste on or in the land for the purpose of permanent disposal. See West Virginia Code 22-15-2
• Landfill: means any solid waste facility for the disposal of solid waste on land, and also means any system, facility, land, contiguous land, improvements on the land, structures or other appurtenances or methods used for processing, recycling or disposing of solid waste, including landfills, transfer stations, resource recovery facilities and other such facilities not herein specified. See West Virginia Code 22-16-2
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Licensed remediation specialist: means a person certified by the director pursuant to rules adopted under section three of this article as qualified to perform professional services and to supervise the remediation of contaminated sites. See West Virginia Code 22-22-2
• Lien: A claim against real or personal property in satisfaction of a debt.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Litter: means all waste material, including, but not limited to, any garbage, refuse, trash, disposable package, container, can, bottle, paper, covered electronic devices, ashes, cigarette or cigar butt, carcass of any dead animal or any part thereof or any other offensive or unsightly matter, but not including the wastes of primary processes of mining, logging, sawmilling, farming or manufacturing. See West Virginia Code 22-15A-2
• 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. See West Virginia Code 22-18-3
• Manufacturer: means a person that is the brand owner of a covered electronic device or television sold or offered for sale in this state by any means, including transactions conducted through retail sales outlets, catalogs or the Internet. See West Virginia Code 22-15A-2
• Mature compost: means compost which has been produced in an aerobic, microbial, or thermophilic manner and does not exhibit phytotoxic effects. See West Virginia Code 22-15-2
• Minority leader: See Floor Leaders
• Mixed solid waste: means solid waste from which materials sought to be reused or recycled have not been source-separated from general solid waste. See West Virginia Code 22-15-2
• Mixed waste processing facility: means any solid waste facility at which materials are recovered from mixed solid waste through manual or mechanical means for purposes of reuse, recycling, or composting. See West Virginia Code 22-15-2
• Modification: means the impounding, diverting or flooding of a stream within the natural stream preservation system. See West Virginia Code 22-13-3
• Modify: means to impound, divert or flood a stream within the natural stream preservation system. See West Virginia Code 22-13-3
• Natural gas: means natural gas, natural gas liquids, liquefied natural gas, coalbed methane, synthetic gas usable for fuel or mixtures of natural gas and synthetic gas. See West Virginia Code 22-22-2
• Natural Resources Conservation Service: means the Natural Resources Conservation Service of the United States Department of Agriculture or any successor or predecessor agency, including the Soil Conservation Service. See West Virginia Code 22-14-3
• Noncompliant dam owner: means an owner who has received two or more orders to repair or remove a deficient dam without completion of the repairs or removal within time frames established by the secretary. See West Virginia Code 22-14-3
• Nonresidential property: means any real property on which commercial, industrial, manufacturing or any other activity is done to further the development, manufacturing or distribution of goods and services, intermediate and final business activities, research and development, warehousing, shipping, transport, remanufacturing, stockpiling of raw materials, storage, repair and maintenance of commercial machinery and equipment, and solid waste management. See West Virginia Code 22-22-2
• Offense: includes every act or omission for which a fine, forfeiture, or punishment is imposed by law. See West Virginia Code 2-2-10
• Office: means any office, division, board, agency, unit, organizational entity or component thereof within the Department of Environmental Protection. See West Virginia Code 22-1-2
• Office: means office of oil and gas provided for in section seven, article one of this chapter. See West Virginia Code 22-21-2
• Open dump: means any solid waste disposal which does not have a permit under this article, or is in violation of state law, or where solid waste is disposed in a manner that does not protect the environment. See West Virginia Code 22-15-2
• operating coal mine: means : (a) A coal mine which is producing coal or has been in production of coal at any time during the twelve months immediately preceding the date its status is put in question under this article and any worked out or abandoned coal mine connected underground with or contiguous to such operating coal mine as herein defined. See West Virginia Code 22-9-1
• Operator: means the person responsible for the overall operation of a facility site. See West Virginia Code 22-22-2
• Other wastes: means garbage, refuse, decayed wood, sawdust, shavings, bark and other wood debris and residues resulting from secondary processing. See West Virginia Code 22-11-3
• Outlet: means the terminus of a sewer system or the point of emergence of any water-carried sewage, industrial wastes or other wastes, or the effluent therefrom, into any of the waters of this state, and includes a point source. See West Virginia Code 22-11-3
• outside coal boundaries: when used in conjunction with the term "operating coal mine" means the boundaries of the coal acreage assigned to such coal mine and which can be practicably and reasonably expected to be mined through such coal mine. See West Virginia Code 22-9-1
• Oversight: Committee review of the activities of a Federal agency or program.
• Owner: means any person who:

  (1) Holds legal possession, ownership or partial ownership of an interest in a dam, its appurtenant works or the real property the dam is situated upon. See West Virginia Code 22-14-3

• Owner: means any person owning or holding legal or equitable title or possessory interest in property or, where title or control of property was conveyed due to bankruptcy, foreclosure, tax delinquency, abandonment, or similar means to this state or a political subdivision of this state, or any person who owned the property before the conveyance. See West Virginia Code 22-22-2
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Permit: means a Class VI underground injection control permit issued by the secretary or by the US EPA, authorizing a person or business entity to drill an injection well and to construct and operate a carbon dioxide sequestration facility. See West Virginia Code 22-11B-2
• Permit: means a permit required by section seven of this article. See West Virginia Code 22-13-3
• Permittee: means a person who has or should obtain a permit for a commercial solid waste facility that is a landfill. See West Virginia Code 22-16-2
• Person: means any industrial user, public or private corporation, institution, association, firm or company organized or existing under the laws of this or any other state or country. See West Virginia Code 22-12-3
• Person: means any public or private corporation, institution, association, society, firm, organization or company organized or existing under the laws of this or any other state or country. See West Virginia Code 22-14-3
• Person: means a natural person, corporation, firm, partnership, association or society and the plural as well as the singular. See West Virginia Code 22-15A-2
• 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. See West Virginia Code 22-18-3
• Person: means any natural person, corporation, firm, partnership, partnership association, venture, receiver, trustee, executor, administrator, guardian, fiduciary, other representative of any kind, any recognized legal entity, or political subdivision or agency thereof. See West Virginia Code 22-21-2
• Person: means any public or private corporation, institution, association, firm or company organized or existing under the laws of this or any other state or country. See West Virginia Code 22-22-2
• Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, governmental subdivision, agency or instrumentality or any other legal or commercial entity. See West Virginia Code 22-22B-2
• person: means any individual, association, partnership or corporation. See West Virginia Code 22-9-1
• Personal property: All property that is not real property.
• personal property: includes goods, chattels, real and personal, money, credits, investments, and the evidences thereof. See West Virginia Code 2-2-10
• persons: means any industrial user, public or private corporation, institution, association, firm, or company organized or existing under the laws of this or any other state or country. See West Virginia Code 22-15-2
• Petroleum: means oil or petroleum of any kind and in any form, including, without limitation, crude oil or any fraction thereof, oil sludge, oil refuse, used oil, substances or additives in the refining or blending of crude petroleum or petroleum stock. See West Virginia Code 22-22-2
• PFAS: means non-polymeric perfluoroalkyl and polyfluoroalkyl substances that contain at least two fully fluorinated carbon atoms, excluding gases and volatile liquids. See West Virginia Code 22-11C-2
• pillar: means a solid block of coal surrounded by either active mine workings or a mined out area. See West Virginia Code 22-9-1
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Point source: means any discernible, confined and discrete conveyance, including, but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock or vessel or other floating craft, from which pollutants are or may be discharged. See West Virginia Code 22-11-3
• Pollutant: means industrial wastes, sewage or other wastes as defined in this section. See West Virginia Code 22-11-3
• Pollution: means the man-made or man-induced alteration of the chemical, physical, biological or radiological integrity of the groundwater. See West Virginia Code 22-12-3
• Pollution: means the man-made or man-induced alteration of the chemical, physical, biological and radiological integrity of the waters of the state. See West Virginia Code 22-11-3
• Pore space: means a cavity or void, whether naturally or artificially created, in a subsurface stratum and is also known as container space or storage rights. See West Virginia Code 22-11B-2
• Practical quantitation level: means the lowest analytical level that can be reliably achieved within specified limits of precision and accuracy under routine laboratory conditions for a specified matrix. See West Virginia Code 22-22-2
• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• Project: means the providing of closure assistance to one or more landfills under this article. See West Virginia Code 22-16-2
• Property: means any parcel of real property, and any improvements thereof. See West Virginia Code 22-22-2
• Protected stream: means any stream designated as such in section five of this article, but does not include tributaries or branches unless specifically designated or described in section five of this article. See West Virginia Code 22-13-3
• Public area: means an area outside of a municipality, including public road and highway rights-of-way, parks and recreation areas owned or controlled by this state or any county of this state or an area held open for unrestricted access by the general public. See West Virginia Code 22-15A-2
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Publicly Owned Treatment Works: means any treatment works owned by the state or any political subdivision thereof, any municipality or any other public entity, for the treatment of pollutants as well as any such treatment works that were subsequently conveyed to a private entity which delivers wastewater treatment services under the regulation of the Public Service Commission of West Virginia. See West Virginia Code 22-11C-2
• Publicly owned treatment works: means any treatment works owned by the state or any political subdivision thereof, any municipality or any other public entity which processes raw domestic, industrial, or municipal sewage by any artificial or natural processes in order to remove or so alter constituents as to render the waste less offensive or dangerous to the public health, comfort, or property of any of the inhabitants of this state before the discharge of the plant effluent into any of the waters of this state, and which produces sewage sludge. See West Virginia Code 22-15-2
• Pyrolysis: means a manufacturing process through which post-use polymers are heated in the absence of oxygen until melted and thermally decomposed and are then cooled, condensed, and converted into valuable raw materials and intermediate and final products, including, but not limited to, plastic monomers, chemicals, waxes, lubricants, plastic and chemical feedstocks, and other basic hydrocarbons, that are returned to economic utility in the form of raw materials or products. See West Virginia Code 22-15-2
• Quorum: The number of legislators that must be present to do business.
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• real property: include lands, tenements and hereditaments, all rights thereto and interests therein, except chattel interests. See West Virginia Code 2-2-10
• Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See West Virginia Code 22-22B-2
• Recovered feedstock: means one or more of the following materials that has been processed so that it may be used as feedstock in an advanced recycling facility:

  (1) Post-use polymers. See West Virginia Code 22-15-2

• Recyclable materials: means those materials that would otherwise become solid waste for disposal in a refuse disposal system and which may be collected, separated or processed and returned to the marketplace in the form of raw materials or products. See West Virginia Code 22-15A-2
• Recycling facility: means any solid waste facility for the purpose of recycling at which neither land disposal nor biological, chemical, or thermal transformation of solid waste occurs: Provided, That mixed waste recovery facilities, sludge processing facilities, and composting facilities are not considered recycling facilities nor considered to be reusing or recycling solid waste within the meaning of this article, §. See West Virginia Code 22-15-2
• Related: means the persons who are related to the third degree of consanguinity or marriage. See West Virginia Code 22-22-2
• Release: means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, migrating, dumping or disposing of any contaminant or regulated substance into the environment, including, without limitation, the abandonment or improper discarding of barrels, containers or any other closed receptacle containing any contaminant. See West Virginia Code 22-22-2
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Remand: When an appellate court sends a case back to a lower court for further proceedings.
• Remediation: means to cleanup, mitigate, correct, abate, minimize, eliminate, control and contain or prevent a release of a contaminant into the environment in order to protect the present or future public health, safety, welfare, or the environment, including preliminary actions to study or assess the release. See West Virginia Code 22-22-2
• Remediation contractor: means any person who enters into and is carrying out a contract to cleanup, remediate, respond to or remove a release or threatened release of a contaminant and includes any person who the contractor retained or hired to provide services under a remediation contract. See West Virginia Code 22-22-2
• repairs: means only those changes in the structure or integrity of a dam that may affect its safety to be determined by the secretary. See West Virginia Code 22-14-3
• Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
• Reservoir: means a subsurface stratum, formation, aquifer, cavity, or void, whether naturally or artificially created, including oil and gas reservoirs, saline formations, and coal seams suitable for, or capable of being made suitable for, injecting and storing carbon dioxide. See West Virginia Code 22-11B-2
• Reservoir: means any basin which contains or will contain impounded water. See West Virginia Code 22-14-3
• reservoir protective area: means all of that area outside of and surrounding the storage reservoir boundary but within two thousand linear feet thereof. See West Virginia Code 22-9-1
• Residential: means any real property or portion thereof which is designed for the housing of human beings and does not meet the definition of "nonresidential" property set forth above. See West Virginia Code 22-22-2
• Resource Conservation and Recovery Act: means the federal Resource Conservation and Recovery Act of 1976, 90 Stat. See West Virginia Code 22-18-3
• retreat mining: means the removal of such coal, pillars, ribs and stumps as remain after the development mining has been completed in that section of a coal mine. See West Virginia Code 22-9-1
• Review board: means the West Virginia coalbed methane review board which shall be comprised of the members of the West Virginia shallow gas well review board provided for in article eight, chapter . See West Virginia Code 22-21-2
• Risk: means the probability that a contaminant, when released into the environment, will cause an adverse effect in exposed humans or other living organisms. See West Virginia Code 22-22-2
• Secretary: means the Secretary of the Department of Environmental Protection. See West Virginia Code 22-11B-2
• Secretary: means the Secretary of the Department of Environmental Protection. See West Virginia Code 22-11C-2
• Secretary: means the Secretary of the Department of Environmental Protection. See West Virginia Code 22-1-2
• Secretary: means the Secretary of the Department of Environmental Protection. See West Virginia Code 22-14-3
• Secretary: means the Secretary of the Department of Environmental Protection or such other person to whom the secretary has delegated authority or duties pursuant to §. See West Virginia Code 22-15-2
• Secretary: means the Secretary of the Department of Environmental Protection. See West Virginia Code 22-15A-2
• Secretary: means the Secretary of the Department of Environmental Protection. See West Virginia Code 22-21-2
• Secretary: means the Secretary of the Department of Environmental Protection or such other person to whom the secretary has delegated authority or duties pursuant to section six or eight, article one of this chapter. See West Virginia Code 22-11-3
• Secretary: means the Secretary of the Department of Environmental Protection. See West Virginia Code 22-11A-2
• Sequester: To separate. Sometimes juries are sequestered from outside influences during their deliberations.
• sequestration facility: means the reservoir, underground equipment, and surface facilities and equipment used or proposed to be used in a carbon dioxide sequestration project, but does not include pipelines used to transport carbon dioxide to the storage facility. See West Virginia Code 22-11B-2
• Service of process: The service of writs or summonses to the appropriate party.
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Sewage: means water-carried human or animal wastes from residences, buildings, industrial establishments or other places, together with such groundwater infiltration and surface waters as may be present. See West Virginia Code 22-11-3
• Sewage sludge: means solid, semisolid, or liquid residue generated during the treatment of domestic sewage in a treatment works. See West Virginia Code 22-15-2
• Sewage sludge processing facility: is a solid waste facility that processes sewage sludge for: (A) Land application. See West Virginia Code 22-15-2
• Sewer system: means pipelines or conduits, pumping stations, force mains and all other constructions, facilities, devices and appliances appurtenant thereto, used for collecting or conducting sewage, industrial wastes or other wastes to a point of disposal or treatment. See West Virginia Code 22-11-3
• Site: means any property or portion thereof which contains or may contain contaminants and is eligible for remediation as provided under this article. See West Virginia Code 22-22-2
• Sludge: means any solid, semisolid, residue, or precipitate, separated from or created by a municipal, commercial, or industrial waste treatment plant, water supply treatment plant, air pollution control facility, or any other such waste having similar origin. See West Virginia Code 22-15-2
• Solid waste: means any garbage, paper, litter, refuse, cans, bottles, waste processed for the express purpose of incineration. See West Virginia Code 22-15-2
• Solid waste disposal: means the practice of disposing of solid waste including placing, depositing, dumping, throwing, or causing any solid waste to be placed, deposited, dumped, or thrown. See West Virginia Code 22-15-2
• Solid waste facility: means any system, facility, land, contiguous land, improvements on the land, structures, or other appurtenances or methods used for processing, recycling, or disposing of solid waste, including landfills, transfer stations, materials recovery facilities, mixed waste processing facilities, sewage sludge processing facilities, commercial composting facilities, and other such facilities not herein specified, but not including land upon which sewage sludge is applied in accordance with §. See West Virginia Code 22-15-2
• Solvolysis: means a manufacturing process through which post-use polymers are purified with the aid of solvents, while heated at low temperatures and/or pressurized to make useful products, allowing additives and contaminants to be separated. See West Virginia Code 22-15-2
• Source-separated materials: means materials separated from general solid waste at the point of origin for the purpose of reuse and recycling but does not mean sewage sludge. See West Virginia Code 22-15-2
• State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States. See West Virginia Code 22-22B-2
• Statute: A law passed by a legislature.
• Stimulate: means any action taken to increase the natural flow of coalbed methane or the inherent productivity of a coalbed methane well, including, but not limited to, fracturing, shooting, acidizing or water flooding, but excluding cleaning out, bailing or workover operations. See West Virginia Code 22-21-2
• 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. See West Virginia Code 22-18-3
• Storage operator: means a person applying for or holding a permit until the issuance of a completion certificate for the relevant storage facility. See West Virginia Code 22-11B-2
• storage operator: means any person as herein defined who proposes to or does operate a storage reservoir, either as owner or lessee. See West Virginia Code 22-9-1
• Storage reservoir: means a reservoir proposed, authorized, or used for storing carbon dioxide. See West Virginia Code 22-11B-2
• storage reservoir: means that portion of any subterranean sand or rock stratum or strata into which gas is or may be injected for the purpose of storage or for the purpose of testing whether said stratum is suitable for storage. See West Virginia Code 22-9-1
• Stream: means a flowing body of water or a section or portion thereof, including rivers, streams, creeks, branches or small lakes. See West Virginia Code 22-13-3
• Subpoena: A command to a witness to appear and give testimony.
• Subtitle C: means Subtitle C of the Resource Conservation and Recovery Act. See West Virginia Code 22-18-3
• Television: means any telecommunication system device that can receive moving pictures and sound broadcast over a distance and includes a television tuner or a video display device peripheral to a computer in which the display contains a television tuner. See West Virginia Code 22-15A-2
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
• Town: includes a city, village or town, and the word "council" any body or board, whether composed of one or more branches, which is authorized to make ordinances for the government of a city, town, or village. See West Virginia Code 2-2-10
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• 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 to storage or reduced in volume. See West Virginia Code 22-18-3
• Treatment works: means any plant, facility, means, system, disposal field, lagoon, pumping station, constructed drainage ditch or surface water intercepting ditch, diversion ditch above or below the surface of the ground, settling tank or pond, earthen pit, incinerator, area devoted to sanitary landfills or other works not specifically mentioned herein, installed for the purpose of treating, neutralizing, stabilizing, holding or disposing of sewage, industrial wastes or other wastes or for the purpose of regulating or controlling the quality and rate of flow thereof. See West Virginia Code 22-11-3
• UIC: means underground injection control. See West Virginia Code 22-11B-2
• Unilateral enforcement order: means a written final order issued by a federal or state agency charged with enforcing environmental law, which compels the fulfillment of an obligation imposed by law, rule against a person without their voluntary consent. See West Virginia Code 22-22-2
• US EPA: means United States Environmental Protection Agency. See West Virginia Code 22-11B-2
• USGS study: means United States Geological Survey Scientific Investigations Report 2022-5067, entitled "Occurrence of Per- and Polyfluoroalkyl Substances and Inorganic Analytes in Groundwater and Surface Water Used as Sources for Public Water Supplies in West Virginia" published in 2022. See West Virginia Code 22-11C-2
• Venue: The geographical location in which a case is tried.
• Video display device: means an electronic device with an output surface that displays or is capable of displaying moving graphical images or visual representations of image sequences or pictures that show a number of quickly changing images on a screen to create the illusion of motion. See West Virginia Code 22-15A-2
• Voluntary remediation: means a series of measures that may be self-initiated by a person to identify and address potential sources of contamination of property and to establish that the property complies with applicable remediation standards. See West Virginia Code 22-22-2
• 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
• Waste: means : (i) Physical waste as the term is generally understood in the gas industry and as provided for in article six of this chapter, but giving special consideration to coal mining operations and the safe recovery of coal. See West Virginia Code 22-21-2
• 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 because of wear, damage or defect. See West Virginia Code 22-15A-2
• Waste tire processing facility: means a solid waste facility or manufacturer that accepts waste tires generated by sources other than the owner or operator of the facility for processing by such means as cryogenics, pyrolysis, pyroprossing cutting, splitting, shredding, quartering, grinding or otherwise breaking down waste tires for the purposes of disposal, reuse, recycling and/or marketing. See West Virginia Code 22-15A-2
• Water: means any and all water on or beneath the surface of the ground, whether percolating, standing, diffused or flowing, wholly or partially within this state, or bordering this state and within its jurisdiction, and includes without limiting the generality of the foregoing, natural or artificial lakes, rivers, streams, creeks, branches, brooks, ponds (except farm ponds, industrial settling basins and ponds and water treatment facilities), impounding reservoirs, springs, wells, watercourses and wetlands. See West Virginia Code 22-12-3
• Water: means any liquid, including any solids or other matter that may be contained in the liquid, which is or may be impounded by a dam. See West Virginia Code 22-14-3
• Water storage elevation: means the maximum elevation that water can reach behind a dam without encroaching on the freeboard approved for the dam under flood conditions. See West Virginia Code 22-14-3
• waters: means any and all water on or beneath the surface of the ground, whether percolating, standing, diffused or flowing, wholly or partially within this state, or bordering this state and within its jurisdiction, and includes, without limiting the generality of the foregoing, natural or artificial lakes, rivers, streams, creeks, branches, brooks, ponds (except farm ponds, industrial settling basins and ponds and water treatment facilities), impounding reservoirs, springs, wells, watercourses and wetlands. See West Virginia Code 22-11-3
• Waters of the state: means generally, without limitation, natural or artificial lakes, rivers, streams, creeks, branches, brooks, ponds, impounding reservoirs, springs, wells, watercourses and wetlands. See West Virginia Code 22-15A-2
• well: shall mean a coalbed methane well unless the context indicates otherwise. See West Virginia Code 22-21-2
• well: means a borehole drilled or proposed to be drilled within the storage reservoir boundary or reservoir protective area for the purpose of or to be used for producing, extracting or injecting any gas, petroleum or other liquid but excluding boreholes drilled to produce potable water to be used as such. See West Virginia Code 22-9-1
• Well: means any shaft or hole sunk, drilled, bored or dug into the earth or into underground strata for the extraction or injection or placement of any liquid or gas, or any shaft or hole sunk or used in conjunction with such extraction or injection or placement. See West Virginia Code 22-11-3
• well operator: means any person who has the right to operate or does operate a coalbed methane well. See West Virginia Code 22-21-2
• whoever: includes corporations, societies, associations and partnerships, and other similar legal business organizations. See West Virginia Code 2-2-10
• workable coal seam: means any seam of coal twenty inches or more in thickness, or any seam of less thickness which is being commercially mined or can be shown to be capable of being commercially mined. See West Virginia Code 22-21-2
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.
• Yard waste: means grass clippings, weeds, leaves, brush, garden waste, shrub or tree prunings and other living or dead plant tissues, except that materials, which due to inadvertent contamination or mixture with other substances which render the waste unsuitable for composting, are not yard waste: Provided, That the same or similar waste generated by commercial agricultural enterprises is excluded. See West Virginia Code 22-15A-2