West Virginia Code of State Rules › Agency 33 - Waste Management, Division Of Water And Waste Management › Title 33 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION WASTE MANAGEMENT › Series 33-01 - Solid Waste Management Rule › Section 33-1-3 - Solid Waste Facility Permitting Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Prohibitions. -- No person may
				establish, construct, operate, maintain or allow the use of property for a
				solid waste facility within an area where there is a reasonable probability
				that the facility will cause any of the following:
3.1.a. Natural Wetlands. -- A significant
				adverse impact upon natural wetlands, as defined in section 2 of this
				rule;
3.1.b. Endangered or
				Threatened Species. -- A significant adverse impact upon or jeopardy to the
				continued existence of any endangered or threatened species, or the destruction
				or adverse modification of a critical habitat of any animal or plant protected
				under the Endangered Species Act of 1973, or violation of any requirement under
				the Marine Protection, Research and Sanctuaries Act of 1972 for the protection
				of a marine sanctuary, unless specifically approved by the United States Fish
				and Wildlife Service;
3.1.c.
				Surface Water. -- A significant adverse impact upon any surface
				water;
3.1.d. Groundwater. -- A
				significant adverse impact upon groundwater quality;
3.1.e. Compliance with other agency
				requirements.
3.1.e.1. A permittee must comply
				with any and all applicable Federal and State laws, rules, regulations or other
				requirements. Permittees of SWLFs must not:
3.1.e.1.A. Cause a discharge of pollutants
				into waters of the State, including natural wetlands, that violates any
				requirement of the Clean Water Act (CWA), as amended, or applicable portions of
				W. Va. Code §
												22-11-1,
				et seq., including, but not limited to, the National Pollutant Discharge
				Elimination System (NPDES) requirements of Section 402 of the CWA or as
				reflected in W. Va. Code §
												22-11-1 et
				seq., as amended.
3.1.e.1.B. Cause
				the discharge of a non-point source of pollution into waters of the state,
				including natural wetlands, that violates any requirements of an area-wide or
				state-wide water quality management plan that has been approved under Section
				208 or 319 of the CWA or as reflected in W. Va. Code §
												22-11-1 et
				seq., as amended.
3.1.e.1.C. Cause
				the discharge of a point source of pollution into waters of the State, in
				violation of surface water quality standards found in W. Va. Code §
												22-11-1 et
				seq. or any rules or regulations promulgated thereunder; or
3.1.e.1.D. Cause a violation of W. Va. Code
				§
												22-12-1 et
				seq. or any rules promulgated thereunder.
3.1.f. Explosive Gases. -- Cause the
				generation by any facility and subsequent migration and concentration of
				methane or other explosive gases in any facility structure, excluding the
				leachate collection system or gas control or recovery system components, or in
				the soils or air at or beyond the facility property boundary in excess of
				twenty-five percent (25%) of the lower explosive limit for such gases at any
				time; or
3.1.g. Air Pollution. --
				The emission of any air contaminant exceeding the limitations for those
				substances as set by the West Virginia Department of Environmental Protection,
				Division of Air Quality.