                                 CODE OF VIRGINIA

DEFINITIONS (§ 10.1-1400)

As used in this chapter, unless the context requires a different
meaning:		&#8220;Advanced recycling&#8221; means a manufacturing process for the
conversion of post-use polymers and recovered feedstocks into basic hydrocarbon
raw materials, feedstocks, chemicals, liquid fuels, waxes, lubricants, or other
products through processes that include pyrolysis, gasification,
depolymerization, reforming, hydrogenation, solvolysis, catalytic cracking, and
similar processes. &#8220;Advanced recycling&#8221; produces recycled products,
including monomers, oligomers, plastics, plastics and chemical feedstocks, basic
and unfinished chemicals, crude oil, naphtha, liquid transportation fuels,
coatings, waxes, lubricants, and other basic hydrocarbons.		&#8220;Advanced
recycling facility&#8221; means a facility that, using advanced recycling,
receives, stores, and converts post-use polymers and recovered feedstocks that
it receives. An &#8220;advanced recycling facility&#8221; shall be subject to
all applicable federal and state environmental laws and
regulations.		&#8220;Applicant&#8221; means any and all persons seeking or
holding a permit required under this chapter.		&#8220;Board&#8221; means the
Virginia Waste Management Board.		&#8220;Composting&#8221; means the
manipulation of the natural aerobic process of decomposition of organic
materials to increase the rate of decomposition.		&#8220;Department&#8221; means
the Department of Environmental Quality.		&#8220;Depolymerization&#8221; means a
manufacturing process in which post-use polymers are broken into smaller
molecules, including monomers and oligomers; raw, intermediate, or final
products; plastics and chemical feedstocks; basic and unfinished chemicals;
crude oil; naphtha; liquid transportation fuels; waxes; lubricants; coatings;
and other products.		&#8220;Director&#8221; means the Director of the Department
of Environmental Quality.		&#8220;Disclosure statement&#8221; means a sworn
statement or affirmation, in such form as may be required by the Director, which
includes:

1. The full name and business address of all key personnel;

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

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

4. A listing of all permits or licenses required for the collection,
transportation, treatment, storage, or disposal of solid waste or hazardous
waste 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 permit
suspensions or revocations, or enforcement actions of any sort by any state,
federal, or local authority, within the past 10 years, that are pending or have
concluded with a finding of violation or entry of a consent agreement, regarding
an allegation of civil or criminal violation of any law, regulation, or
requirement relating to the collection, transportation, treatment, storage, or
disposal of solid waste or hazardous waste by any key personnel, and an itemized
list of all convictions within 10 years of key personnel of any of the following
crimes punishable as felonies under the laws of the Commonwealth or the
equivalent thereof under the laws of any other jurisdiction: murder; kidnapping;
gambling; robbery; bribery; extortion; criminal usury; arson; burglary; theft
and related crimes; forgery and fraudulent 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 of destructive devices or explosives; violation of the Drug
Control Act (&#xA7; 54.1-3400 et seq.); racketeering; or violation of antitrust
laws;

6. A listing of all agencies outside the Commonwealth that have regulatory
responsibility over the applicant or have issued any environmental permit or
license to the applicant within the past 10 years, in connection with the
applicant&#8217;s collection, transportation, treatment, storage, or disposal of
solid waste or hazardous waste;

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

8. The full name and business address of any member of the local governing body
or planning commission in which the solid waste management facility is located
or proposed to be located, who holds an equity interest in the facility.
			&#8220;Disposal&#8221; means the discharge, deposit, injection, dumping,
spilling, leaking, or placing of any solid waste into or on any land or water so
that such solid waste or any constituent thereof may enter the environment or be
emitted into the air or discharged into any waters, including ground
waters.			&#8220;Equity&#8221; includes both legal and equitable
interests.			&#8220;Federal acts&#8221; means any act of Congress providing for
waste management and regulations promulgated
thereunder.			&#8220;Gasification&#8221; means a manufacturing process through
which recovered feedstocks are heated and converted in an oxygen-deficient
atmosphere into a fuel and gas mixture that is then converted to crude oil,
diesel fuel, gasoline, home heating oil, ethanol, transportation fuel, other
fuels, chemicals, waxes, lubricants, chemical feedstocks, diesel and gasoline
blendstocks, or other valuable raw, intermediate, or final products that are
returned to economic utility in the form of raw materials, products, or
fuels.			&#8220;Hazardous material&#8221; means a substance or material in a
form or quantity that may pose an unreasonable risk to health, safety, or
property when transported, and which the U.S. Secretary of Transportation has so
designated by regulation or order.			&#8220;Hazardous substance&#8221; means a
substance listed under the federal Comprehensive Environmental Response
Compensation and Liability Act, P.L. 96-510.			&#8220;Hazardous waste&#8221;
means a solid waste or combination of solid waste that because of its quantity,
concentration or physical, chemical, or infectious characteristics may:

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

2. Pose a substantial present or potential hazard to human health or the
environment when improperly treated, stored, transported, disposed of, or
otherwise managed.
			&#8220;Hazardous waste generation&#8221; means the act or process of
producing hazardous waste.			&#8220;Household hazardous waste&#8221; means any
waste material derived from households (including single and multiple
residences, hotels, motels, bunkhouses, ranger stations, crew quarters,
campgrounds, picnic grounds, and day-use recreation areas) which, except for the
fact that it is derived from a household, would be classified as a hazardous
waste, including nickel, cadmium, mercuric oxide, manganese, zinc-carbon or lead
batteries; solvent-based paint, paint thinner, paint strippers, or other paint
solvents; any product containing trichloroethylene, toxic art supplies, used
motor oil and unusable gasoline or kerosene, fluorescent or high intensity light
bulbs, ammunition, fireworks, banned pesticides, or restricted-use pesticides as
defined in &#xA7; 3.2-3900. All empty household product containers and any
household products in legal distribution, storage, or use shall not be
considered household hazardous waste.			&#8220;Key personnel&#8221; means the
applicant itself and any person employed by the applicant in a managerial
capacity, or empowered to make discretionary decisions, with respect to the
solid waste or hazardous waste operations of the applicant in Virginia, but does
not include employees exclusively engaged in the physical or mechanical
collection, transportation, treatment, storage, or disposal of solid or
hazardous waste and such other employees as the Director may designate by
regulation. If the applicant has not previously conducted solid waste or
hazardous waste operations in Virginia, &#8220;key personnel&#8221; also
includes any officer, director, or partner of the applicant, or any holder of
five percent or more of the equity or debt of the applicant. If any holder of
five percent or more of the equity or debt of the applicant or of any key
personnel is not a natural person, &#8220;key personnel&#8221; includes all key
personnel of that entity, provided that where such entity is a chartered lending
institution or a reporting company under the Federal Securities Exchange Act of
1934, &#8220;key personnel&#8221; does not include key personnel of such entity.
Provided further that &#8220;key personnel&#8221; means the chief executive
officer of any agency of the United States or of any agency or political
subdivision of the Commonwealth and all key personnel of any person, other than
a natural person, that operates a landfill or other facility for the disposal,
treatment, or storage of nonhazardous solid waste under contract with or for one
of those governmental entities.			&#8220;Manifest&#8221; means the form used for
identifying the quantity, composition, origin, routing, and destination of
hazardous waste during its transportation from the point of generation to the
point of disposal, treatment, or storage of such hazardous waste.			&#8220;Mixed
radioactive waste&#8221; means radioactive waste that contains a substance that
renders the mixture a hazardous waste.			&#8220;Open dump&#8221; means a site on
which any solid waste is placed, discharged, deposited, injected, dumped, or
spilled so as to create a nuisance or present a threat of a release of harmful
substances into the environment or present a hazard to human
health.			&#8220;Person&#8221; includes an individual, corporation, partnership,
association, governmental body, municipal corporation, or any other legal
entity.			&#8220;Post-use polymer&#8221; means a plastic polymer that:

1. Is derived from any industrial, commercial, agricultural, or domestic
activity.

2. Is processed at an advanced recycling facility or held at such facility prior
to processing.

3. Is used or intended for use as a feedstock to manufacture crude oil, fuels,
feedstocks, blendstocks, raw materials, or other intermediate products or final
products, using advanced recycling.

4. Is not mixed with solid waste or hazardous waste on site or during processing
at the advanced recycling facility at which it is processed.

5. Has been sorted from solid waste and other regulated waste but may contain
residual amounts of (i) solid wastes, such as organic material, and (ii)
incidental contaminants or impurities, such as paper labels or metal rings.
			&#8220;Pyrolysis&#8221; 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 to crude oil, diesel
fuel, gasoline, home heating oil, ethanol, transportation fuel, other fuels,
chemicals, waxes, lubricants, chemical feedstocks, diesel and gasoline
blendstocks, or other valuable raw, intermediate, or final products that are
returned to economic utility in the form of raw materials, products, or
fuels.			&#8220;Radioactive waste&#8221; or &#8220;nuclear waste&#8221;
includes:

1. &#8220;Low-level radioactive waste&#8221; material that:
			a. Is not high-level radioactive waste, spent nuclear fuel, transuranic
waste, or by-product material as defined in &#xA7; 11(e)(2) of the Atomic Energy
Act of 1954 (42 U.S.C. &#xA7; 2014(e)(2)); and			b. The Nuclear Regulatory
Commission, consistent with existing law, classifies as low-level radioactive
waste; or

2. &#8220;High-level radioactive waste,&#8221; which means:
			a. The highly radioactive material resulting from the reprocessing of spent
nuclear fuel, including liquid waste produced directly in reprocessing and any
solid material derived from such liquid waste that contains fission products in
sufficient concentrations; and			b. Other highly radioactive material that the
Nuclear Regulatory Commission, consistent with existing law, determines by rule
requires permanent isolation.			&#8220;Recovered feedstock&#8221; means one or
more of the following materials that has been processed so that it can be used
as feedstock in an advanced recycling facility:

1. Post-use polymers.

2. Materials for which the U.S. Environmental Protection Agency has made a
nonwaste determination under 40 C.F.R. &#xA7; 241.3(c) or has otherwise
determined are feedstocks and not solid waste.
			&#x201C;Recovered feedstock&#8221; does not include unprocessed municipal
solid waste and is not mixed with solid waste or hazardous waste on site or
during processing at an advanced recycling facility.			&#8220;Recycling
residue&#8221; means the (i) nonmetallic substances, including plastic, rubber,
and insulation, that remain after a shredder has separated for purposes of
recycling the ferrous and nonferrous metal from a motor vehicle, appliance, or
other discarded metallic item and (ii) organic waste remaining after removal of
metals, glass, plastics, and paper that are to be recycled as part of a resource
recovery process for municipal solid waste resulting in the production of a
refuse derived fuel.			&#8220;Resource conservation&#8221; means reduction of
the amounts of solid waste that are generated, reduction of overall resource
consumption, and utilization of recovered resources.			&#8220;Resource
recovery&#8221; means the recovery of material or energy from solid
waste.			&#8220;Resource recovery system&#8221; means a solid waste management
system that provides for collection, separation, recycling, and recovery of
solid wastes, including disposal of nonrecoverable waste
residues.			&#8220;Sanitary landfill&#8221; means a disposal facility for solid
waste so located, designed, and operated that it does not pose a substantial
present or potential hazard to human health or the environment, including
pollution of air, land, surface water, or ground water.			&#8220;Sludge&#8221;
means any solid, semisolid, or liquid wastes with similar characteristics and
effects generated from a public, municipal, commercial, or industrial wastewater
treatment plant, water supply treatment plant, air pollution control facility,
or any other waste-producing facility.			&#8220;Solid waste&#8221; means any
garbage, refuse, sludge, and other discarded material, including solid, liquid,
semisolid, or contained gaseous material, resulting from industrial, commercial,
mining, and agricultural operations, or community activities, but does not
include (i) solid or dissolved material in domestic sewage; (ii) solid or
dissolved material in irrigation return flows or in industrial discharges that
are sources subject to a permit from the State Water Control Board; (iii)
source, special nuclear, or by-product material as defined by the Federal Atomic
Energy Act of 1954, as amended; or (iv) post-use polymers or recovered
feedstocks that are (a) processed at an advanced recycling facility or (b) held
at or held for the purpose of conversion at such advanced recycling facility
prior to conversion.			&#8220;Solid waste management facility&#8221; means a
site used for planned treating, long-term storage, or disposing of solid waste.
A &#8220;solid waste management facility&#8221; may consist of several
treatment, storage, or disposal units.			&#8220;Solvolysis&#8221; means a
manufacturing process through which post-use polymers are purified with the aid
of solvents, allowing additives and contaminants to be removed. The products of
solvolysis are polymers capable of being recycled or reused without first being
reverted to a monomer. &#8220;Solvolysis&#8221; includes hydrolysis, aminolysis,
ammonolysis, methanolysis, and glycolysis.			&#8220;Transport&#8221; or
&#8220;transportation&#8221; means any movement of property and any packing,
loading, or unloading or storage incidental thereto.			&#8220;Treatment&#8221;
means any method, technique, or process, including incineration or
neutralization, designed to change the physical, chemical, or biological
character or composition of any waste to neutralize it or to render it less
hazardous or nonhazardous, safer for transport, amenable to recovery or storage,
or reduced in volume.			&#8220;Vegetative waste&#8221; means decomposable
materials generated by yard and lawn care 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.			&#8220;Waste&#8221; means any solid, hazardous, or radioactive waste
as defined in this section.			&#8220;Waste management&#8221; means the
collection, source separation, storage, transportation, transfer, processing,
treatment, and disposal of waste or resource recovery. &#8220;Waste
management&#8221; does not include pyrolysis, gasification, depolymerization,
solvolysis, or any other advanced recycling process if the source materials used
in such process are composed of post-use polymers or recovered
feedstocks.			&#8220;Yard waste&#8221; means decomposable waste materials
generated by yard and lawn care and includes leaves, grass trimmings, brush,
wood chips, and shrub and tree trimmings. &#8220;Yard waste&#8221; does not
include roots or stumps that exceed six inches in diameter.

HISTORY: 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; 2009, c. 27; 2021, Sp. Sess. I, c. 375.