Section 10. Definitions

Part I. Definitions

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise.

"Board" means the Virginia Waste Management Board.

"Carrier" means a person engaged in the transportation of passengers or property by:

1. Land or water, as a common, contract, or private carrier; or

2. Civil aircraft.

"CFR" means the Code of Federal Regulations.

"Coordinator" means the Chief Executive Officer of the Virginia Department of Emergency Management.

"Department" means the Virginia Department of Environmental Quality.

"Director" means the Director of the Virginia Department of Environmental Quality.

"Hazardous material" means a substance or material in a form or quantity which may pose an unreasonable risk to health, safety or property when transported, and which has been incorporated under Part III (9VAC20-110-110 et seq.).

"Hazardous radioactive materials" mean, for the purposes of these regulations, radioactive materials requiring advance notification as described in 10 CFR 71.97.

"Monitor" means to track the transportation of hazardous radioactive materials requiring advance notification prior to transportation within the Commonwealth by:

1. Requiring shippers to register with the coordinator and to notify the coordinator of shipments of hazardous radioactive materials within the Commonwealth; and

2. In requiring the coordinator to prepare a report annually for the Governor and the director summarizing the hazardous radioactive materials transportation for the preceding year.

"Person" means an individual, firm, copartnership, corporation, company, association, joint-stock association, including any trustee, receiver, assignee, or similar representative thereof, or government, Indian tribe, or agency or instrumentality of any government or Indian tribe, when it offers hazardous materials, or hazardous radioactive materials for transportation, or transports hazardous materials or hazardous radioactive materials, but such term does not include:

1. The United States Postal Service; or

2. For the purposes of 49 USC §§ 5123 and 5124, any agency or instrumentality of the federal government.

"Shipper" means a person who transfers possession of hazardous material or hazardous radioactive material to the carrier for transport through the Commonwealth.

"Transport" or "transportation" means any movement of property by any mode, and any packing, loading, unloading, identification, marking, placarding, or storage incidental thereto.

Historical Notes

Derived from VR672-30-1 § 1.1, eff. November 12, 1986; amended, Volume 04, Issue 21, eff. August 18, 1988; Volume 05, Issue 14, eff. May 12, 1989; Volume 07, Issue 01, eff. November 7, 1990; Volume 07, Issue 19, eff. July 17, 1991; Volume 08, Issue 16, eff. June 3, 1992; Volume 09, Issue 11, eff. March 24, 1993; Volume 12, Issue 11, eff. March 20, 1996; Volume 19, Issue 19, eff. July 2, 2003.

Statutory Authority

§ 10.1-1450 of the Code of Virginia.