The RCSWA is mandated to oversee the disposal of solid waste. “Solid Waste” refers to any garbage such as compost, combustible materials, liquids (milk, paint, oil), etc. Exclusions include hazardous and radioactive materials and other refuse in conformance with a permit for disposal by other means or materials that are to be recycled to make a product.
According to the West Virginia Code, solid waste includes any garbage resulting from industrial, commercial, mining or community activities, including:
- Waste processed for the express purpose of incineration
- Sludge from a waste treatment plant, water supply treatment plant or air pollution control facility
- Other discarded material, including:
- offensive or unsightly matter
- semisolid or contained liquid
- gaseous material
However, so long as such placement or disposal is in conformance with a permit issued pursuant in Chapter 22 of the WV Code,”solid waste” does not include:
- Solid or dissolved material in sewage
- Solid or dissolved materials in irrigation return flows
- Industrial discharges which are point sources and have permits under Article 11, Chapter 22 of the WV Code
- Source, special nuclear or byproduct material as defined by the Atomic Energy Act of 1954 including any nuclear or byproduct material considered by federal standards to be below regulatory concern
- Hazardous waste either identified or listed under Article 18, Chapter 22 of the WV code
- Refuse, slurry, overburden or other waste or material resulting from coal-fired electric power or steam generation, the exploration, development, production, storage and recovery of coal, oil and gas, and other mineral resources placed or disposed of at a facility which is regulated under Articles 2, 3, 4, 6, 7, 8, 9, or 10, Chapter 22 of the WV Code
Solid waste also does not include materials which are recycled by being used or reused in an industrial process to make a product, as effective substitutes for commercial products, or are returned to the original process as a substitute for raw material feedstock.