Definitions

Checkout our iOS App for a better way to browser and research.

  • As used in this chapter, unless the context requires a different meaning:
    • (a) “Abandoned or junked automobile or other motor vehicle” means a motor vehicle that is inoperable or over eight years old and is left unattended on public property for more than forty-eight hours, or a motor vehicle that has remained illegally on public property for more than forty-eight hours, or a motor vehicle that has remained on private property without the consent of the owner or person in control of such property for more than forty-eight hours.

    • (b) “Advance disposal fee” means fees imposed on certain products pursuant to Title 33, section 42 of this code, to be used as funding for the antilitter and beautification programs of the Waste Management Authority.

    • (c) [Repealed.]

    • (d) “Approved refuse container” means a receptacle approved by the Waste Management Authority for storage of designated types of wastes prior to collection for disposal.

    • (e) “Waste Management Authority” means the Virgin Islands Waste Management Authority as established pursuant to Title 29, Chapter 8, Virgin Islands Code, Section 496.

    • (f) [Repealed.]

    • (g) “Collection” means collection and transportation to an authorized storage, disposal or recovery facility, but does not include storage, disposal or recovery.

    • (h) “Disposal” means the discharge, deposit, injection, dumping, spilling, leaking or placing of any solid waste or hazardous waste into or on any land or water so that such waste or any constituent thereof may enter the environment or be entered into the air or discharged into any waters, including ground waters.

    • (i) “Disposal site” means any sanitary landfill, incinerator, baling or resource recovery facility or any other site authorized and designated by the Waste Management Authority as the final resting place of solid or hazardous waste.

    • (j) “Garbage” means any putrescible animal, vegetable or fruit material, including waste resulting from handling, preparation, cooking or consumption of food and any body waste or parts of domestic animals.

    • (k) “Hazardous waste” means a solid waste, or combination of solid wastes, which 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 reversible, illness; or (2) pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of or managed.

    • (l) “Junkyard” means a primarily outdoor commercial establishment for the salvage, storage and resale of used materials, including, but not restricted to, motor vehicles, appliances, household goods or parts thereof.

    • (m) “Long-term contract” means, when used in relation to solid waste supply, a contract of sufficient duration to assure the viability of a resource recovery facility (to the extent that such viability depends upon solid waste supply).

    • (n) “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.

    • (o) “Open burning” means any manner of burning or causing rapid oxidation that results in products being discharged into the open air without passing through a properly designed stack, duct, chimney, flue or other control device or process.

    • (p) “Open dump” means a site for solid waste disposal which is not a sanitary landfill as defined in this chapter.

    • (q) “Peace officer” means marshals, deputy marshals, members of the police force, environmental sanitation inspectors of the Department of Health, sanitation supervisors of the Waste Management Authority, conservation enforcement officers of the Department of Planning and Natural Resources and harbor patrol officers of the Virgin Islands Port Authority. For purposes of enforcement of this chapter, such peace officers shall have appropriate, reasonable and necessary arrest and citation issuance powers as are contained in Title 5, chapter 305, subchapter I of this Code.

    • (r) “Person” means any individual, family, trust, firm, joint stock company, corporation, partnership, association, commission, political subdivision or local or federal government department or agency, including independent instrumentalities thereof.

    • (s) “Procurement item” means any device, food, substance, material, product or other item, whether real or personal property, which is the subject of any purchase, barter, or other exchange made to procure such item.

    • (t) “Public place” means any street, curb, sidewalk, alley, lane, square, open sewer, gutter or any public highway (including the limits of the highway right-of-way) or any public park, building, recreational area, wharf, dock, pier, landing place, airport or airport terminal, waters, watercourse, stream or beach.

    • (u) “Recoverable” means the capability and likelihood of being recovered from solid waste for a commercial or industrial use.

    • (v) “Recovered resources” means materials or energy recovered from solid waste.

    • (w) “Recyclable material” means those materials which are technologically capable of being recycled and which would otherwise be processed or disposed of as solid waste.

    • (x) “Recycling” means the process by which solid waste, or materials which would otherwise become solid waste, are collected, separated, or processed and reused or returned to use in the form of raw materials or products.

    • (y) “Redemption center” means a business which offers to redeem, for an amount of money set by the Waste Management Authority, any empty container, or other material designated as recyclable by the Waste Management Authority.

    • (z) “Resource conservation” means reduction of the amounts of solid waste that are generated, reduction of overall resource consumption, or utilization of recovered resources.

    • (aa) “Resource recovery” or “recovery” means the recovery of material or energy from solid waste.

    • (bb) “Resource recovery facility” means any facility at which solid waste is processed for the purpose of extracting, converting to energy, or otherwise separating and preparing solid waste for reuse.

    • (cc) “Resource recovery system” means a solid waste management system which provides for collection, separation, recycling, and recovery of wastes, including disposal of non-recoverable waste residues.

    • (dd) “Salvaging” means the controlled removal of reusable materials.

    • (ee) “Sanitary landfill” means a facility for the disposal of solid waste which meets the criteria established by the Waste Management Authority.

    • (ff) “Scavenging” means the uncontrolled or unauthorized picking of materials from wastes or the picking of materials from any place other than an authorized storage, disposal or salvage or recovery facility.

    • (gg) “Sludge” means any solid, semi-solid or liquid waste generated from a territorial, commercial, or industrial wastewater treatment plant, water supply treatment plant, or air pollution control facility or any other such waste having similar characteristics and effects.

    • (hh) “Solid waste” means any trash, rubbish (combustible or noncombustible), garbage, refuse, offal, filth, bottles, glass, crockery, cans, cartons, scrap metal, junked vehicles, appliances or hardware, brush, waste soil, rock, concrete products, and construction materials, animal carcasses, sludge from a waste treatment plant or air pollution control facility, or any unsanitary or offensive material or discarded matter, or parts or portions thereof, or any industrial, commercial, mining, agricultural or other waste which is not subject to point source discharge permits under section 402 of the Federal Water Pollution Control Act or Title 12, section 185 of this Code.

    • (ii) “Solid waste management” means the systematic administration of activities which provide for the collection, source separation, storage, transportation, transfer, processing, treatment, and disposal of solid waste.

    • (jj) “Solid waste management facility” means any resource recovery system or component thereof, or any system, program, or facility for resource conservation, or any facility for the treatment of solid wastes and/or hazardous wastes whether such facility is associated with facilities generating such wastes or otherwise.

    • (kk) “Solid waste planning”, “solid waste management”, and “comprehensive planning” include planning or management respecting resource recovery and resource conservation.

    • (ll) “Storage” means the containment of wastes, either on a temporary basis or for a prolonged period, in such manner as not to constitute disposal.

    • (mm) “Storage container” means large metal or concrete containers or bins.

    • (nn) “Storage facility” means a site or facility or transfer station for the storage of wastes, other than storage containers or waste containers, prior to salvage, reuse or recovery or transportation for salvage, reuse or recovery.

    • (oo) “Virgin material” means any raw material, including metals, presently or, because of new technology, potentially usable as raw material but which has previously been unused.

    • (pp) “Waste” when unqualified, means solid waste and/or hazardous waste.

    • (qq) “Waste generator” means any person who produces or causes to be produced, any solid or hazardous waste.

    • (rr) “Waste management” means the systematic control of the collection, source separation, storage, transportation, processing, treatment, recovery, and disposal of solid and/or hazardous wastes.

    • (ss) “Waste container” means any small container, of a type approved by the Waste Management Authority, for storage of wastes.

    • (tt) “Waste transporter” means any person engaged for any purpose in transporting solid or hazardous wastes.


Download our app to see the most-to-date content.