reglab/statecodes huggingface dataset:
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 33-20 - Hazardous Waste Management System › Section 33-20-13 - Universal Waste Rule

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. 40 C.F.R.
				Part 273. - The provisions of 40 C.F.R. Part 273 are hereby adopted and
				incorporated by reference with the modifications, exceptions, and additions
				contained in this section.
13.2.
									40 C.F.R. §§
										273.20,
				273.40, and
				273.56. - The provisions of
				40 C.F.R. §§
										273.20,
				273.40, and
				273.56 relating to exports are
				hereby adopted and incorporated by reference. The substitution of terms in
				subdivision 1.6.1 does not apply to the provisions of this subsection. In
				addition to the requirements contained therein, any person subject to the
				provisions of 40 C.F.R. Part 273 shall file with the Secretary copies of all
				documentation, manifests, exception reports, annual reports or records
				submitted to EPA, the Administrator or the Regional Administrator as required
				by 40 C.F.R. Part 273.
13.3.
									40 C.F.R. §
										273.70. - The provisions of
				40 C.F.R. §
										273.70"Imports" are hereby adopted and
				incorporated by reference. Persons managing universal waste that is imported to
				West Virginia are subject to the requirements of this rule.
13.4.
									40 C.F.R. §§
										273.80 and
				273.81. - The provisions of
				40 C.F.R. §§
										273.80 and
				273.81 are excepted from
				incorporation by reference. Consult the provisions of subdivision 2.5.4 above
				to petition to include a waste as a universal waste.
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 33-20 - Hazardous Waste Management System › Section 33-20-14 - Standards for the Management of Used Oil

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. 40 C.F.R. Part 279. - The provisions of
				40 C.F.R. Part 279 are hereby adopted and incorporated by reference, with the
				exception contained in this section. Consult the rules of the Division of Air
				Quality regarding the burning of used oil.
14.2.
									40 C.F.R. §
										279.82(b). - Notwithstanding
				the provisions of paragraph 1.6.1.a above, the term "EPA" at
				40 C.F.R. §
										279.82(b) will mean United
				States Environmental Protection Agency.
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 33-20 - Hazardous Waste Management System › Section 33-20-15 - Standards for Hazardous Waste Recycling

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1. The provisions of
				40 C.F.R. §
										261.6 are hereby adopted and incorporated by
				reference, with the modifications contained in this section.
15.2. Standards Applicable to All Hazardous
				Waste Recycling Activities.
15.2.1. Any
				residual material resulting from a recycling process shall be evaluated in
				accordance with section 3 of this rule to determine whether it is subject to
				regulation as a hazardous waste.
15.2.2. Any facility that treats hazardous
				waste without recycling it, or that treats hazardous waste prior to recycling
				it, is subject to regulation under section 11 above. Generators that treat
				hazardous waste in containers or tanks in compliance with
				40 C.F.R. §§
											262.16 and
				262.17 are exempt from regulation
				under section 11 of this rule for that treatment activity.
15.2.3. Owners or operators of facilities
				with hazardous waste management units that recycle hazardous wastes are subject
				to section 7 of this rule.
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 33-20 - Hazardous Waste Management System › Section 33-20-16 - Appeal Rights

Current through Register Vol. XLI, No. 28, July 12, 2024
Any person aggrieved or adversely affected by the failure or
				  refusal of the Secretary to act within a reasonable time on an application for
				  a permit or by the issuance or denial of or by the terms and conditions of a
				  permit granted by the Secretary under the provisions of this rule, may appeal
				  to the Environmental Quality Board in accordance with the provisions of W. Va.
				  Code §§
									22-18-22 and
				  22B-2-1,
et
				  seq
.
TABLE 1
PERMIT APPLICATION FEE SCHEDULE
STORAGE
EPA CODE ACTIVITY
FEE
FEE
S01 Container
<100 tons capacity
$2,500.00
100 tons capacity
$3,750.00
S02 Tank
<100 tons capacity
$2,500.00
100 tons capacity
$3,750.00
S04 Surface Impoundment
<1,000 tons capacity
$10,000.00
1,000 tons capacity
$12,500.00
S05 Drip Pad
$2,500.00
S03 Waste Pile
<100 tons capacity
$5,000.00
100 tons capacity
$7,500.00
S06 Waste Pile
(Containment Bldg.)
<100 tons capacity
$5,000.00
100 tons capacity
$7,500.00
DISPOSAL
EPA CODE ACTIVITY
FEE
FEE
D80 Landfill
<1,000 tons/year
$15,000.00
1,000 tons/year
$25,000.00
D81 Land Application
<1,000 tons/year
$15,000.00
1,000 tons/year
$25,000.00
D83 Surface Impoundment
<1,000 tons/year
$15,000.00
1,000 tons/year
$25,000.00
TREATMENT
EPA CODE ACTIVITY
FEE
FEE
T01 Tank
<100 tons capacity
$2,500.00
100 tons capacity
$3,750.00
T02 Surface Impoundment
<1,000 tons/year
$10,000.00
1,000 tons/year
$12,500.00
T03 Incinerator
<1,000 tons/year
$5,000.00
1,000 tons/year
$7,500.00
T80 thru T93
Boiler/Industrial Furnace
<1,000 tons/year
$5,000.00
1,000 tons/year
$7,500.00
T04 Other
$5,000.00
$7,500.00
T-94 Containment Bldg.
Treatment
$5,000.00
$7,500.00
EMERGENCY PERMITS
EPA CODE ACTIVITY
FEE
State and Federal
Nil
Others
$500.00
MISCELLANEOUS
EPA CODE ACTIVITY
FEE
Permit Modification under
							 40 C.F.R.,
							 270.42 (Class I)
$500.00
Permit Modification under
							 40 C.F.R.,
							 270.42 (Class II and III) HWIR Staging
							 Pile
$1,250.00
Modification under
							 40 C.F.R.,
							 270.41
$2,500.00
Post-Closure Care Permit
$15,000.00
Closure Plans
$1,500.00
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 33-21 - Commercial Hazardous Waste Mangement Facility Siting Fees (1997 tech cleanup changing # from 47-35A) › Section 33-21-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope.
				This rule establishes fees to be charged each person, as defined in Section 2.5
				of 57 C.S.R. 1, applying for a certificate of site approval of a commercial
				hazardous waste management facility. These fees will recover the reasonable and
				necessary expenses of the commercial hazardous waste management facility siting
				board, the division of environmental protection, and the WV attorney general=s
				office which these agencies incur pursuant to the activities under W.Va. Code
				'22C-5-1 et
				seq.
1.2. Authority. -- W.Va. Code
				'22C-5-6(b).
1.3. Filing Date. -- May 20, 1994.
1.4. Effective Date. -- June 1, 1994.
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 33-21 - Commercial Hazardous Waste Mangement Facility Siting Fees (1997 tech cleanup changing # from 47-35A) › Section 33-21-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Board"
				means the commercial hazardous waste management facility siting board
				established pursuant to W. Va. Code '22C-5-4.
2.2. "Commercial hazardous waste management
				facility" or "commercial facility" means any hazardous waste treatment,
				storage, or disposal facility, which accepts hazardous waste, as identified or
				listed by the director of the division of environmental protection under the
				"hazardous waste management rule" 33 C.S.R. 20, generated by sources other than
				the owner or operator of the facility and shall not include an approved
				hazardous waste facility owned and operated by a person for the sole purpose of
				disposing of hazardous waste created by that person or other persons on a
				cost-sharing or nonprofit basis (ie., captive facility).
2.3. All other terms shall have the meaning
				prescribed in the "hazardous waste management rule" '33 C.S.R. 20.
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 33-21 - Commercial Hazardous Waste Mangement Facility Siting Fees (1997 tech cleanup changing # from 47-35A) › Section 33-21-3 - Application Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Any person
				who submits an application to the board, pursuant to the "certification
				requirements" of 57 C.S.R. 1, shall include a certified cashier=s check in the
				amount of one hundred thousand dollars ($100,000) that is made payable to "The
				Commercial Hazardous Waste Management Facility Siting Fund" of the state
				treasury pursuant to W.Va. Code '22C-5-6.
3.2. The application fee shall underwrite the
				necessary expenses of the board, and the administrative, professional, and the
				support services provided by the division of environmental protection and other
				participating state agencies. In addition to the fee, the applicant will be
				responsible for all legal expenses incurred by the board in response to a
				challenge to the issuance of a certificate of site approval, but the applicant
				is not responsible for compensating the board for the legal costs associated
				with processing the application in excess of the application fee, or any action
				or suit brought by the applicant against the state.
3.3. An additional fee of two thousand five
				hundred dollars ($2,500) shall be paid by the applicant for each incomplete
				application that must be resubmitted to the board, or for any subsequent major
				modification offered by the applicant after the board has determined the
				application to be complete pursuant to the "commercial hazardous waste
				management facility siting board rule".
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 33-22 - Assessment Of Civil Administrative Penalties › Section 33-22-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope and
				Purpose. -- This legislative rule establishes the criteria and procedures that
				shall be followed in the assessment of civil administrative penalties imposed
				under the provisions of W. Va. Code §
									22-18-17
				or W. Va. Code .§ 22-15-15.
1.2. Authority. -- W. Va. Code §
									22-18-17
				and § 22-15-15.
1.3. Filing
				Date. -- May 14, 2009.
1.4.
				Effective Date. -- July 1, 2009.
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 33-22 - Assessment Of Civil Administrative Penalties › Section 33-22-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Acts" means
				the West Virginia Hazardous Waste Management Act (W. Va. Code §
									22-18-1 et
				seq.) and the West Virginia Solid Waste Management Act (W. Va. Code §
									22-15-1
				et seq.).
2.2. "Assessment Officer"
				means a person appointed by the Secretary to carry out the review, assessment,
				and hearing procedures outlined in these regulations.
2.3. "Civil Administrative Penalty Referral"
				means a written document that includes the observations made by the inspector
				relative to the seriousness of the alleged violation and any good faith efforts
				made to comply with applicable requirements as well as any other appropriate
				factors established by these regulations.
2.4. "Facility" means the site of the alleged
				violation.
2.5. "Inspector" means
				an authorized representative of the Secretary who as a normal function of his
				or her responsibilities conducts inspections, investigations, or sampling at
				facilities regulated under either of the Acts.
2.6. "Notice of Civil Administrative Penalty"
				means a written notification provided to a violator by the assessment officer,
				by means of certified mail or personal service, assessing a civil
				administrative penalty. A notice of civil administrative penalty shall include:
2.6.a. A reference to the section of the
				statute, rule, order, or permit condition allegedly violated;
2.6.b. A concise statement of the facts
				alleged to constitute the violation;
2.6.c. A statement of the amount of the
				initial civil administrative penalty to be imposed; and
2.6.d. A statement of the alleged violator's
				right to an informal hearing.
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 33-22 - Assessment Of Civil Administrative Penalties › Section 33-22-3 - Notice of Violations

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
				General. An inspector or other authorized representative of the Secretary may
				issue a notice of violation for any violation he or she observes.
3.2. Notice Procedures. A notice of violation
				shall be in writing, shall be signed by the inspector or other authorized
				representative of the Secretary, and shall set forth with reasonable
				specificity:
3.2.a. The nature of the
				violation with a reference to the section of the statute, rule, order, or
				permit condition that was allegedly violated;
3.2.b. The time and date of the observance of
				the violation; and
3.2.c. A
				reasonable description of the facility where the violation is observed, where
				within that facility the observation was observed, and the point of generation,
				treatment, storage, or disposal at which the violation occurred, if
				appropriate.
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 33-22 - Assessment Of Civil Administrative Penalties › Section 33-22-4 - Penalty Assessment Procedures

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Review of Notice of Violation and
				Penalty Calculation. The assessment officer shall review each notice of
				violation referred to him or her for civil administrative penalty assessment to
				determine:
4.1.a. The appropriateness of a
				civil administrative penalty;
4.1.b. The initial amount of penalty, if any,
				based upon the rates and methods given in this rule;
4.1.c. The appropriateness of assessing a
				daily civil administrative penalty for continuing violations;
4.1.d. The total initial civil administrative
				penalty assessed; and
4.1.e. The
				appropriateness of assessing a civil administrative penalty against an
				individual.
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 33-22 - Assessment Of Civil Administrative Penalties › Section 33-22-5 - Hearings and Appeals

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				Right to Informal Hearing. The violator shall have twenty (20) calendar days
				from receipt of the notice of civil administrative penalty within which to
				request, in writing, an informal hearing before the assessment officer. If a
				hearing is requested, the assessment officer will hold the hearing to deduce
				the actual facts and circumstances regarding the violation and, based thereon,
				will make a final recommendation of civil administrative penalty assessment to
				the Secretary. If no hearing is requested within the specified time period, the
				notice of civil administrative penalty shall become a final order after the
				expiration of the twenty-day period and the civil administrative penalty shall
				become due and payable.
5.2. Notice
				and Scheduling of Informal Hearing. If the violator requests an informal
				hearing within the twenty-day period, the assessment officer shall schedule
				such a hearing in accordance with the following procedures:
5.2.a. The time and place the informal
				hearing is to be held is to be communicated to any inspector or other
				authorized representative of the Secretary who filed a notice of violation
				bringing about the informal hearing and to the violator.
5.2.b. Such communication shall be provided
				at least fifteen (15) calendar days prior to the time of the hearing.
5.2.c. The assessment officer may continue
				the informal hearing only for good cause shown.
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 33-22 - Assessment Of Civil Administrative Penalties › Section 33-22-6 - Individual Civil Administrative Penalties

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The Secretary may assess an individual
				civil administrative penalty against any corporate director, officer, agent, or
				employee of a violator, or any other person, who authorizes, orders, or carries
				out a violation of the statute, rule, order, or permit condition or who fails
				or refuses to follow an order from the Secretary.
6.2. In determining the amount of a civil
				administrative penalty to be assessed against a violator under this section,
				consideration shall be given to the criteria specified in section 7.
6.3. The Secretary shall serve on each
				violator to be assessed an administrative penalty a notice of individual civil
				administrative penalty assessment. For purposes of this subsection, service
				shall be deemed to be sufficient if it satisfies Rule 4 of the West Virginia
				Rules of Civil Procedure for service of a summons and complaint. A notice of
				individual civil administrative penalty assessment shall include:
6.3.a. A reference to the section of the
				statute, rule, order, or permit condition allegedly violated;
6.3.b. A concise statement of the facts
				alleged to constitute the violation;
6.3.c. A statement of the amount of the
				individual civil administrative penalty to be imposed;
6.3.d. A copy of the underlying notice of
				violation; and
6.3.e. A statement
				of the violator's right to an informal hearing.
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 33-22 - Assessment Of Civil Administrative Penalties › Section 33-22-7 - Civil Administrative Penalty Calculation Procedures

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The Secretary shall calculate a civil
				administrative penalty by taking into account the seriousness of the alleged
				violation, negligence or good faith on the part of the violator, the type of
				facility, and any history of noncompliance by the violator.
7.1.a. Seriousness of Violation. The
				Secretary shall take into account the seriousness of the violation by assigning
				a rating for the extent of deviation from the requirement of the statute, rule,
				order, or permit condition in accordance with Table A and a rating for the
				potential harm which may have resulted from the alleged violation in accordance
				with Table B. These "seriousness of the violation" ratings shall be used to
				determine the base penalty amount of the civil administrative penalty
				assessment through the use of Tables C and D. Table C shall be used for
				hazardous waste violations. Table D shall be used for solid waste
				violations.
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 33-22 - Assessment Of Civil Administrative Penalties › Table A - Ratings for Deviation from Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
1 to 3 - The violator had completed nearly all requirements
				  of the statute, rule, regulation, order, or permit condition in question.
				  However, there were some aspects of the requirements which were clearly not
				  accomplished or the requirements were completed in most, but not all, areas of
				  the facility.
4 to 6 - The violator had completed approximately one-half of
				  the requirements of the statute, rule, regulation, order, or permit condition
				  in question or the requirements were not completed in approximately one-half of
				  the areas of the facility.
7 to 9 - The violator has completed almost none of the
				  requirements of the statute, rule, regulation, order, or permit condition in
				  question. However, some aspects of the requirements clearly were accomplished
				  or the requirements were not completed in most, but not all, areas of the
				  facility.
10 - The violator had not completed any of the requirements
				  of the statute, rule, regulation, order, or permit condition in question or the
				  requirements were not completed in any area of the facility.
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 33-22 - Assessment Of Civil Administrative Penalties › Table B - Ratings of Potential for Harm

Current through Register Vol. XLI, No. 28, July 12, 2024
1 to 3 - The violation is of an administrative nature and
				  could not result in a potential for harm to human health or the
				  environment.
4 to 6 - The violation is of an administrative or a physical
				  nature and may result in a minor potential for harm to human health or the
				  environment (e.g., material being improperly handled/stored is relatively
				  stable or readily remediated, report does not contain necessary information of
				  a specific nature, necessary environmental controls are present but not
				  maintained).
7 to 9 - The violation is of an administrative or a physical
				  nature and may result in a moderate potential for harm to human health or the
				  environment (e.g., material being improperly handled/stored is relatively
				  unstable or difficult to remediate, report does not fully address intended
				  subject matter or is deficient regarding specific information concerning
				  multiple areas, violator has not made a good faith effort to install/maintain
				  necessary environmental controls).
10 - The violation is of an administrative or physical nature
				  and may result in a major potential for harm to human health or the environment
				  (e.g., material being improperly handled/stored is unstable or requires
				  additional measures to remediate, failure to submit a report, failure to
				  provide necessary environmental controls).
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 33-22 - Assessment Of Civil Administrative Penalties › Table C - Seriousness of Hazardous Waste Violation

Current through Register Vol. XLI, No. 28, July 12, 2024
Deviation from Requirement
1
2
3
4
5
6
7
8
9
10
Potential for Harm
1
200
245
300
365
440
525
620
730
855
1000
2
300
345
400
465
540
625
720
830
955
1100
3
500
545
600
665
740
825
920
1030
1155
1300
4
800
845
900
965
1040
1125
1220
1330
1455
1600
5
1200
1245
1300
1365
1440
1525
1620
1730
1855
2000
6
1700
1745
1800
1865
1940
2025
2120
2230
2355
2500
7
2250
2295
2350
2415
2490
2575
2670
2780
2905
3050
8
2850
2895
2950
3015
3090
3175
3270
3380
3505
3650
9
3500
3545
3600
3665
3740
3825
3920
4030
4155
4300
10
4200
4245
4300
4365
4440
4525
4620
4730
4855
5000
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 33-22 - Assessment Of Civil Administrative Penalties › Table D - Seriousness of Solid Waste Violation

Current through Register Vol. XLI, No. 28, July 12, 2024
Deviation from Requirement
1
2
3
4
5
6
7
8
9
10
Potential for Harm
1
100
140
190
250
320
400
490
590
700
725
2
200
240
290
350
420
500
590
690
800
825
3
400
440
490
550
620
700
790
890
1000
1125
4
700
740
790
850
920
1000
1090
1190
1300
1425
5
1025
1065
1115
1175
1245
1325
1415
1515
1625
1750
6
1375
1415
1465
1525
1595
1675
1765
1865
1975
2100
7
1725
1765
1815
1875
1945
2025
2115
2215
2325
2450
8
2075
2115
2165
2225
2295
2375
2465
2565
2675
2800
9
2425
2465
2515
2575
2645
2725
2815
2915
3025
3150
10
2775
2815
2865
2925
2995
3075
3165
3265
3375
3500
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 33-22 - Assessment Of Civil Administrative Penalties › Table E - Ratings for Negligence/Good Faith

Current through Register Vol. XLI, No. 28, July 12, 2024
1 - The violation is not the result of negligence and the
				  violator expended all possible effort to comply with the requirement in
				  question or the violator has completed all actions to correct the
				  violation.
2 to 4 - The violation is the result of an oversight by the
				  violator and could have been avoided if a more conscientious effort had been
				  made in the operation of the facility or the violator has begun but not
				  completed current actions to correct the violation.
5 to 7 - The violation is obvious and a result of a lack of
				  reasonable care by the violator or the violator has taken inadequate action to
				  correct the violation.
8 to 10 - The violation is the result of a complete disregard
				  for the requirement in question or the violator failed to respond to a previous
				  enforcement action pertaining to the same requirement.
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 33-22 - Assessment Of Civil Administrative Penalties › Table F - Negligence/Good Faith

Current through Register Vol. XLI, No. 28, July 12, 2024
Negligence/Good Faith
Multiplying
							 Factor
1
0.5
2
0.6
3
0.7
4
0.8
5
1.0
6
1.2
7
1.4
8
1.6
9
1.8
10
2.0
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 33-22 - Assessment Of Civil Administrative Penalties › Table G - Adjustment Factor

Current through Register Vol. XLI, No. 28, July 12, 2024
Type of Facility
Multiplying Factor
Conditionally Exempt Small Quantity Hazardous Waste
							 Generator
0.5
Small Quantity Hazardous Waste Generator;
Used Oil Violation;
Facility Not Otherwise Listed in this Table;
Class C Solid Waste Facility;
Class D Solid Waste Facility;
Transfer Station; Open Dump
0.75
Hazardous Waste Generator;
Hazardous Waste Transporter
Class B Solid Waste Facility;
Class E Solid Waste Facility
1.0
Hazardous Waste Treatment, Storage, or Disposal
							 Facility;
Class A Solid Waste Facility;
Class F Solid Waste Facility
1.5
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 33-22 - Assessment Of Civil Administrative Penalties › Table H - History of Hazardous Waste Noncompliance

Current through Register Vol. XLI, No. 28, July 12, 2024
Number of Previous Enforcement Actions
Dollar Amount
1
$250.00
2
$500.00
3
$1000.00
4
$1750.00
5
$2750.00
6
$4000.00
7 and greater
$5500.00
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 33-22 - Assessment Of Civil Administrative Penalties › Table I - History of Solid Waste Noncompliance

Current through Register Vol. XLI, No. 28, July 12, 2024
Number of Previous Enforcement Actions
Dollar Amount
1
$100.00
2
$200.00
3
$350.00
4
$550.00
5
$850.00
6
$1250.00
7
$1650.00
8
$2150.00
9
$2750.00
10 and greater
$3350.00
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 33-22 - Assessment Of Civil Administrative Penalties › Table J - Calculation of Civil Administrative Penalty Assessment

Current through Register Vol. XLI, No. 28, July 12, 2024
Seriousness of Violation
______________
Negligence/Good Faith
X ______________
Subtotal:
______________
Adjustment Factor
X ______________
Subtotal:
______________
Unique Factor
X ______________
Subtotal:
______________
History of Noncompliance
+
							 ______________
Total
							 Assessment:
______________
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 33-23 - Groundwater Protection Standard (97 tech cleanup changing # from 47-12) › Section 33-23-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope --
				The purpose of this rule is to provide a standard of protection for groundwater
				which shall apply to hazardous waste management facilities. The term "hazardous
				waste management facility" as used in this section shall have the same meaning
				as that term as defined under 33 CSR 20, Section 2.
1.2. Authority. -- W.Va. Code ''22-18 and
				22-11.
1.3. Filing. -- April 12,
				1984.
1.4. Effective Date. -- April
				25, 1984.
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 33-23 - Groundwater Protection Standard (97 tech cleanup changing # from 47-12) › Section 33-23-2 - Groundwater Protection Standard

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. The owner or operator must comply with
				conditions specified in the permit that are designed to ensure that hazardous
				constituents under 33 CSR 20, subsection 7.5., entering the groundwater from a
				regulated unit do not exceed the background concentrations of those
				constituents in the groundwater in the uppermost aquifer underlying the
				hazardous waste management facility at or beyond the point of compliance period
				under 33 CSR 20, subsection 7.5. These background concentrations will be
				determined as described under 33 CSR 20, subsection 7.5. When determining
				compliance with the groundwater standard, the statistical tests and procedures
				outlined in 33 CSR 20, subsection 7.5., shall be applied.
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 33-24 - Hazardous Waste Management Fee › Section 33-24-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- The
				purpose of this rule is to establish procedures for the assessment and
				collection of hazardous waste management fund fees pursuant to W. Va. Code
				§§
									22-18-22-(b)
				and (c).
1.2. Authority. -- W. Va.
				Code §§
									22-18-22(b),
				(c), and 29A-1, et seq.
1.3. Filing Date. -- May 11, 2009.
1.4. Effective Date. -- June 1,
				2009.
1.5. Incorporation by
				Reference. -- Whenever either federal statutes or rules or state statutes or
				rules are incorporated by reference into this rule, the reference is to the
				statute in effect on July 1, 2008.
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 33-24 - Hazardous Waste Management Fee › Section 33-24-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Definitions of
				all terms used shall have the meaning prescribed in the State Hazardous Waste
				Management Act, W. Va. Code §§
									22-18-1 et
				seq. and the rules promulgated thereunder.
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 33-24 - Hazardous Waste Management Fee › Section 33-24-3 - Fee Assessment and Deposits

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. An
				annual certification fee shall be assessed for all facilities that manage
				hazardous waste. Calculation of the certification fee assessment shall be in
				accordance with the requirements of section five of this rule. If a fee
				schedule projection for any year shows the annual certification assessment
				would generate an amount in excess of that authorized by WV Code §
									22-18-22(b),
				the assessment will be equitably prorated to ensure compliance with the
				statute.
3.2. Deposits to the Fund.
3.2.a. All monies collected from the fees
				assessed pursuant to this rule shall be deposited in the State Treasury in a
				special fund designated "The Hazardous Waste Management Fee Fund."
3.2.b. Deposits shall include all
				certification fee assessments and all interest accruing on investments and
				deposits of the Fund.
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 33-24 - Hazardous Waste Management Fee › Section 33-24-4 - Information and Reporting Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Annual Reporting.
Each calendar year, all large quantity generators (LQG),
				  small quantity generators (SQG), conditionally exempt small quantity generators
				  (CESQG), and treatment, storage and disposal facilities (TSD) shall provide the
				  information to the Secretary on the form identified as Appendix I attached to
				  this rule and shall submit the completed form to the department, along with the
				  required fee payment, by the first day of October.
4.2. Review of Information. All information
				submitted pursuant to this rule is subject to review by the Secretary to ensure
				that accurate and verifiable information is obtained. The Secretary may request
				clarifications, corrections, or additional information to supplement the
				information received to enable the department to properly calculate or
				recalculate fee assessments.
4.3.
				Exemptions.
4.3.a. No fee shall be assessed on
				the management of any wastes that have been excluded from classification as a
				hazardous waste by state or federal law or rule.
4.3.b. No fee shall be assessed on the
				management of waste from any underground storage tanks containing regulated
				substances that are registered pursuant to the requirements of Title 33 CSR
				Series 30 and which are otherwise subject to this rule; Provided however, that
				other management of hazardous waste at facilities containing such underground
				storage tanks is subject to the requirements of this rule.
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 33-24 - Hazardous Waste Management Fee › Section 33-24-5 - Fee Assessment

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. All
				persons subject to this rule shall annually pay the hazardous waste management
				fee in accordance with the following schedule:
Category
Fee
TSD
$3,000 per facility
Large Quantity Generator
$2,200 per facility or a maximum
of $5,600 for multiple facilities owned
							 by
the same person, whichever is lower
Small Quantity Generator
$500 per facility or a maximum of
$5,000 for multiple facilities owned by
the same person, whichever is lower
Conditionally Exempt Small Quantity
							 Generator
$100 per facility
5.2.
				Payment of Fees.
5.2.a. Fee assessments shall
				be remitted in accordance with the form identified as Appendix I and attached
				to this rule.
5.2.b. A fee
				assessment paid pursuant to this rule shall be made by submitting a money
				order, check, or electronic funds transfer made payable to the Hazardous Waste
				Management Fee Fund along with the completed Appendix I form. Such fee payment
				must be transmitted to the Secretary. If such fee payment is mailed, then the
				payment must be postmarked by the date specified by these rules. Electronic
				funds transfers shall be made in accordance with procedures established by the
				State Treasurers Office.
5.2.c. If
				the facility of a person subject to this rule is described by more than one of
				the categories identified in section 5.1, only the category resulting in the
				highest fee shall apply. No person shall be required to pay more than one
				category of fees for each facility listed in section 5.1.
5.2.d. If a person owns or operates more than
				one facility in the large quantity generator or small quantity generator
				category, such person shall be required to pay the fee established in section
				5.1 for each facility or the maximum amount for multiple facilities, whichever
				is less.
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 33-26 - Hazardous Waste Emergency Response Fund Procedural Rule Conderning Fee Assessment › Section 33-26-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- The
				purpose of this rule is to establish procedures for the assessment and
				collection of hazardous waste generator fees pursuant to W. Va. Code §
									22-19-1 et
				seq.
1.2. Authority. -- W. Va. Code
				§§
									22-19-5(d)
				and 29A-3.
1.3. Filing Date. --
				August 28, 2002.
1.4. Effective
				Date. -- September 27, 2002.
1.5.
				Incorporation by Reference. -- Whenever either federal statutes or regulations
				or state statutes or rules are incorporated by reference into this rule, the
				reference is to the statute in effect on the date on which this rule is now
				proposed.
1.6. Repeal of Former
				Rule. -- This rule repeals and replaces 33CSR26 filed December 16, 1999, and
				effective January 19, 2000.
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 33-26 - Hazardous Waste Emergency Response Fund Procedural Rule Conderning Fee Assessment › Section 33-26-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
Definitions of all terms used, but not defined in this
				  subsection, shall have the meaning prescribed in the HWMR and Article
				  19.
2.1. "Article 19" means W. Va.
				Code §
									22-19-1 et
				seq.
2.2. "Director" means the
				director of the Division of Waste Management of the West Virginia Department of
				Environmental Protection.
2.3.
				"Generator" means any person, corporation, partnership, association, or other
				legal entity, by site location, whose act or process produces hazardous waste
				as defined or listed by the director in rules promulgated pursuant to W. Va.
				Code §
									22-18-6
				in an amount greater than five thousand kilograms ( 5,000 kg) per
				year.
2.4. "HWMR" or "The Hazardous
				Waste Management Rule" means Title 33, Series 20, Department of Environmental
				Protection's Hazardous Waste Management Rule (33CSR20).
2.5. "Hazardous Components" shall be
				equivalent to the term "Hazardous Constituent" as used in Article 19, and shall
				mean that portion of a mixture of hazardous waste and other waste which is
				identified or listed in HWMR.
2.6.
				"Nonhazardous Constituents" means that portion of a mixture of hazardous waste
				and other waste which is neither identified nor listed pursuant to HWMR. (Note:
				Water which is mixed with a hazardous waste is considered a nonhazardous
				constituent for the purposes of this rule.)
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 33-26 - Hazardous Waste Emergency Response Fund Procedural Rule Conderning Fee Assessment › Section 33-26-3 - Fee Assessment Deposits

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
				Deposits to the Fund.
3.1.a. All monies
				collected from generators under Article 19 will be deposited in the State
				Treasury in a special fund designated "The Hazardous Waste Emergency Response
				Fund."
3.1.b. Deposits will include
				all generator fee assessments, all interest or surcharges assessed and
				collected by the director, and all interest accruing on investments and
				deposits of the Fund.
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 33-26 - Hazardous Waste Emergency Response Fund Procedural Rule Conderning Fee Assessment › Section 33-26-4 - Information and Reporting Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Reporting.
4.1.a. All generators shall provide the
				following information to the division for the applicable calendar year on the
				form identified as Appendix I and attached to this rule:
4.1.a.1. Total amounts (in tons) of hazardous
				waste generated, excluding nonhazardous constituents;
4.1.a.2. The amounts (in tons) of the
				quantity of hazardous waste reported for paragraph 4.1.a.1 of this rule which
				was treated or disposed of off-site;
4.1.a.3. The amounts (in tons) of that
				quantity of hazardous waste reported for paragraph 4.1.a.1 of this rule which
				was treated or disposed of on-site;
4.1.a.4. The amount (in tons) of that
				quantity of hazardous waste reported for paragraph 4.1.a.1 of this rule which
				was treated off-site so that such waste was rendered nonhazardous;
				and
4.1.a.5. The amount (in tons)
				of that quantity of hazardous waste reported for paragraph 4.1.a.1 of this rule
				which was treated on-site so that such waste was rendered
				nonhazardous.
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 33-26 - Hazardous Waste Emergency Response Fund Procedural Rule Conderning Fee Assessment › Section 33-26-5 - Fee Assessment

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				Dissemination of Fee Schedule.
5.1.a. Fee
				assessments will be computed by the department for all generators in accordance
				with the provisions of Article 19. Generators for whom fee assessments are
				computed by the department to be less than five dollars ($5.00) will not be
				sent a fee assessment invoice, nor are they required to pay such
				fees.
5.1.b. The director shall
				provide a copy of the fee schedule to each generator, by certified mail, within
				fifteen (15) days of publishing the fee schedule in the state
				register.
5.1.c. An invoice for the
				fee required pursuant to this rule shall be provided by the director to each
				generator upon whom a fee is assessed within fifteen (15) days of publication
				of the fee schedule in the state register. Such invoice shall include an
				itemized list of fees to be assessed and the date upon which such fees are due
				and payable. The invoice shall be provided in the form and manner prescribed by
				the director.
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 33-26 - Hazardous Waste Emergency Response Fund Procedural Rule Conderning Fee Assessment › Appendix I

Current through Register Vol. XLI, No. 28, July 12, 2024
HAZARDOUS WASTE EMERGENCY RESPONSE FUND
FEE ASSESSMENT REPORT
Company Name:
				  __________________________________
EPA I.D.#:
				  ___________________________________________
Generator Location:
				  _____________________________________
1. The amount of hazardous wastes generated during the
				  20____calendar year, EXCLUDING NONHAZARDOUS CONSTITUENTS.
____Tons
2. The amount of hazardous wastes generated (from the amount
				  determined in #1)that were treated or disposed of off-site, but remained
				  hazardous.
____Tons
3. The amount of hazardous wastes generated (from the amount
				  determined in #1) that were treated or disposed of on-site, but remained
				  hazardous.
____Tons
4. The amount of hazardous wastes generated (from the amount
				  determined in #1) that were treated off-site, so that such wastes were rendered
				  nonhazardous.
____Tons
5. The amount of hazardous wastes generated (from the amount
				  determined in #1) that were treated on-site, so that such wastes were rendered
				  nonhazardous.
_____Tons
6. Provide a brief narrative of the method(s)used to
				  determine the amount given in #1, including method(s) used to determine the
				  nonhazardous constituents.
7. If the total of items #2 through #5 is not equal to item
				  #1, provide reasons for the difference.
CERTFICIATION:
I certify under penalty of law that this document and all
				  attachments were prepared under my direction or supervision in accordance with
				  a system designed to assure that qualified personnel properly gather and
				  evaluate the information submitted. Based upon my inquiry of the person or
				  persons who managed the system or those persons directly responsible for
				  gathering the information, the information submitted is to the best of my
				  knowledge and belief true, accurate, and complete. I am aware that there are
				  significant penalties for submitting false information, including the
				  possibility of fine and imprisonment for knowing violations.
_____________________________
				  ___________________________
Print or Type Name of Title
Representative
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 33-27 - Hazardous Waste Administrative Proceedings and Civil Penalty Assessment › Section 33-27-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule establishes a procedure for the resolution of enforcement actions and the
				assessment of civil penalties for violations of the Hazardous Waste Management
				Act in lieu of the institution of a civil action.
1.2. Authority. -- W. Va. Code §
									22-18-17(b)(2).
1.3. Filing Date. -- May 2, 2013
1.4. Effective Date. -- June 1,
				2013
1.5. Nothing in this rule
				shall be construed as limiting or altering the authority of the Secretary to
				enforce the provisions of the Hazardous Waste ManagementAct ("Act")or the
				Hazardous Waste Management Rule(s) ("Rules")as set forth therein. This
				enforcement provision is in addition to any and all other enforcement
				provisions set forth in the Act or Rules.