H. B. 4091
(By Delegates Staton, Browning, Stalnaker and G. White.)
[Introduced January 24, 2006; referred to the Committee on the
Judiciary.]
A BILL to amend and reenact §22-18-3 of the Code of West Virginia,
1931, as amended, relating to adding to the definition of
waste toxic, carcinogenic, explosive, corrosive, or flammable
chemicals used in the manufacture or storage of illegal
methamphetamine.
Be it enacted by the Legislature of West Virginia:
That §22-18-3 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 18. HAZARDOUS WASTE MANAGEMENT.
§22-18-3. Definitions.
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 into
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 to 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 nonhazardous;
(16) "Waste" means
:
(A) any garbage, refuse, sludge from a waste treatment plant,
water supply treatment plant or air pollution control facility
; and
(B) a chemical that is determined by the director pursuant to
section six of this article to be toxic, carcinogenic, explosive,
corrosive, or flammable and which is used in the manufacture or
storage of methamphetamine prohibited by section four hundred
eleven, article four, chapter sixty-A of this code; and
(C) other discarded material including solid, liquid,
semisolid or contained gaseous material resulting from industrial,
commercial, mining and agricultural operations and from community
activities
, but.
The definition of "waste" 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.
Note: This bill simply adds to the definition of waste toxic,
carcinogenic, explosive, corrosive, or flammable chemicals used in
the manufacture or storage of illegal methamphetamine
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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