§ 22-5-2 — Definitions

The terms used in this article are defined as follows:

(1) “Air pollutants” means solids, liquids, or gases which, if discharged into the air, may result in a statutory air pollution.

(2) “Board” means the air quality board continued pursuant to the provisions of §22B-2-1et seq. of this code.

(3) “Director” means the Secretary of the Department of Environmental Protection or such other person to whom the director has delegated authority or duties pursuant to §22-1-6 or §22-1-8 of this code.

(4) “Discharge” means any release, escape, or emission of air pollutants into the air.

(5) “Person” means any and all persons, natural or artificial, including the state of West Virginia or any other state, the United States of America, any municipal, statutory, public, or private corporation organized or existing under the laws of this or any other state or country, and any firm, partnership or association of whatever nature.

(6) “Statutory air pollution” means and is limited to the discharge into the air by the act of man of substances (liquid, solid, gaseous, organic or inorganic) in a locality, manner and amount as to be injurious to human health or welfare, animal or plant life, or property, or which would interfere with the enjoyment of life or property.

Legislative History

2022 Reg. Sess., HB3082; 2021 Reg. Sess., HB3082; 1994 Reg. Sess., HB4065; 1993 Reg. Sess., HB2807