reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-08 - Rules And Regulations Governing The Submission And Approval Of A Comprehensive Mine Safety Program For Coal Mining Operations In The State Of West Verginia › Section 38-8-12 - Miscellaneous

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. The
				Commissioner may develop forms and guidelines to facilitate development,
				review, and approval of the comprehensive safety program submitted by each
				operator; provided, however, that such forms and guidelines cannot modify or
				expand the requirements of these rules and regulations.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-09 - Freedom Of Information Requests › Section 38-9-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1 Scope - These
				rules and regulations establish procedures .whereby any person may inspect and
				copy any public record prepared, owned, and retained by the West Virginia
				Department of Energy, except as provided in Section 4, Article 1, Chapter 29B
				of the Code of West Virginia.
1.2
				Authority - West Virginia Code
				29B-1-3
1.3 Filing Date - April 27, 1988
1.4 Effective Date - May 1,1988
1.5 Purpose This rule repeals and
				repromulgates existing Title 38, Series 9.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-09 - Freedom Of Information Requests › Section 38-9-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
As used in these regulations, unless used in a context that
				  clearly requires a different meaning, the term:
2.1
Act
means the
				"Freedom of Information Act" Chapter
				29B-1-1 et
				seq.
2.2
Commissioner
means the Commissioner of the West
				Virginia Department of Energy.
2.3
Department
means the West Virginia Department of
				Energy.
2.4
Public
				Record
means any books, papers, maps, photographs, cards, tapes,
				recordings, and other documentary material, regardless of physical form or
				characteristics, containing information relating to the conduct of the public's
				businesses which are proposed, owned, and retained by the West Virginia
				Department of Energy and which are not held in confidence pursuant to federal
				or state laws.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-09 - Freedom Of Information Requests › Section 38-9-3 - Form of Request

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1 Each,
				request to inspect or copy any public record of the Department of Energy shall
				be made, in writing, directly to the Commissioner and shall include the
				following:
(a) The name of the person making
				the request.
(b) The person's
				affiliation.
(c) The address and
				telephone number where the person may be contacted.
(d) A statement describing, with reasonable
				specificity, the information sought and whether or not the person will be
				requiring reproductions of the public record. The statement shall include a
				description of each document sought and if available, the title, date, and
				author of each such document.
(e) A
				statement that the person is prepared to pay any fees covering the actual cost
				to the Department of Energy for making reproductions of the public,
				record.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-09 - Freedom Of Information Requests › Section 38-9-4 - Responsibilities of the Department

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1
				The Department shall, upon receipt of a properly filed request, affix the date
				of receipt and initiate a search-for the requested information.
4.2 The Department shall respond to each
				request, in writing, as soon as practicable but within a maximum of five (5)
				working days of receipt of the request. Such response shall:
(a) Provide the requested
				information;
(b) Advise the
				requester of the time and place at which he may inspect and/or copy the
				information;
(c) Advise the
				requester that the description of the information sought is not sufficient to
				allow the Department to identify and locate the information and that the
				request cannot be further processed until additional identification is made
				available to the Department. Upon receipt by the Department of additional
				identification, the five(5) day time limit shall begin anew; or
(d) Deny the request clearly stating in
				writing the reason for such denial and informing the requester that he may
				appeal the agency's action in accordance with the provisions of Chapter 29B.
				The basis, for denial shall include, but not be limited to, the following:
(1) The requested record is not known to
				exist.
(2) The record is not in the
				Department's possession.
(3) The
				record is exempt from disclosure under Section 4 of the Act or other provisions
				of state and federal law.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-09 - Freedom Of Information Requests › Section 38-9-5 - Exemptions

Current through Register Vol. XLI, No. 28, July 12, 2024
In addition to the exemptions described in Section 4 of the
				  Act, any information required to be kept confidential under the provisions of
				  Chapter 22, Chapter 22A, and Chapter 22b of the Code shall be
				  exemption.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-09 - Freedom Of Information Requests › Section 38-9-6 - Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1 The Department
				shall establish fixed rate, fees for reproduction of documents, records, and
				files on the basis of the actual cost of such reproduction and shall document
				such costs; provided, that where total costs are less than $5.00,- no fee shall
				be charged:
6.2 All fees shall be
				paid in advance by certified check, cashiers check, or money order made payable
				to the Department of Energy.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-10 - Office Of Environmental Advocate › Section 38-10-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1.
Scope
- This Interpretive rule governs and controls the
				qualifications, powers, and duties of the position of Environmental Advocate
				within the
Division of Environmental
				Protection
.
1.2.
Authority
- West Virginia Code §
									22-1-3,
				22-1-3a,
				22-20
1.3.
Filing Date
- December 9, 1994
1.4.
Effective Date
-
1.5.
Incorporation by Reference - Federal Counterpart
Regulations
- The Director has determined that there is no
				counterpart federal regulation. Due to the absence of a counterpart federal
				regulation, a detertmination of whether or not to incorporate by reference is
				not required, and the Director is not required to consult with the
				Environmental Protection Advisory Council on this rule.
1.6.
Determination of Stringency -
				Federal Counterpart Regulations
- The Director has determined that there
				is no counterpart federal regulation, and that the absence of a federal
				regulation is not the result of a specific federal exemption. This rule is not
				construed to be more or less stringent than federal regulations.
1.7.
Constitutional Takings
				Determination
- The Director has determined and does state that this
				rule does not constitute a constitutional taking of real property.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-10 - Office Of Environmental Advocate › Section 38-10-2 - Appointment, Salary, and Qualifications

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
Appointment
- The position
				of Environmental Advocate will be a full-time position, will be appointed by
				the Director, and will serve at the will and pleasure of the Director of the
Division of Environmental Protection
in accordance
				with West Virginia Code §
									22-20-1.
2.2.
Salary
- The salary of the
				position of Environmental Advocate will be set by the Director and is subject
				to future adjustments at the discretion of the Director.
2.3.
Qualifications
- The
				Director will receive or solicit applications for the position of Environmental
				Advocate from persons having the following minimum qualifications:
2.3.1. A citizen and resident of the State of
				West Virginia.
2.3.2. A graduate
				from an accredited college or university with a four-year degree in a field of
				study directly related to the qualifications, powers, and duties of the
				position as set forth in this rule.
2.3.3. A minimum of two years full-time or
				cumulative experience in work directly relating to environmental protection, or
				other public service work or experience which demonstrates the ability to carry
				out the powers and duties of the position as set forth in this rule.
2.3.4. A working familiarity with some of the
				legal requirements and programmatic functions of the
Division of
				Environmental Protection
.
2.3.5. A demonstrated ability to skillfully
				communicate (both written and verbal) in a public forum.
2.3.6. A demonstrated ability to use word
				processing software in a micro-computer environment.
2.3.7. A valid West Virginia driver's
				license.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-10 - Office Of Environmental Advocate › Section 38-10-3 - Assignment of Duty Station and Support

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
Assignment
- The
				Environmental Advocate will be assigned by the Director to an Office within the
Division of Environmental Protection
.
3.2.
Support
- The Environmental
				Advocate will be provided with logistical support as follows:
3.2.1. Suitable office space within the
				Division of Environmental Protection Headquarters' office.
3.2.2. Basic complement of office equipment
				and supplies.
3.2.3.
				Secretarial/clerical support as necessary to carry out the duties of the
				position.
3.2.4. Per-diem and
				travel expenses, in accordance with the rules of the Governor's Travel
				Management Office, as necessary to carry out the duties of the
				position.
3.2.5. Training and
				educational tuition, fees, and expenses as necessary to carry out the duties of
				the position.
3.2.6. Use of pool
				vehicles as available and as necessary to carry out the duties of the
				position.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-11 - Miscellaneous Water Pollution Control › Section 33-11-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. - This
				legislative rule establishes requirements relating to discharge notification
				and response, waste load allocations, small wastewater treatment plants, permit
				application filing fee, and outlet markers,
and spill
				prevention,
for facilities operated in connection with the
				exploration, development, production, storage and recovery of oil and gas, and
				related mineral resources in this state.
1.2. Authority. - W. Va. Code §§
									22-1-13,
				22-1-15,
				22-1-16,
				22B-1-2,
				22B-1-7 and
				20-5A-1
				through 24.
1.3. Filing Date. April
				8, 1991
1.4. Effective Date.
June 1, 1991
1.5. Former Rule Superseded. -- This
				legislative rule supersedes West Virginia Legislative Rule, Water Resources
				Board, Chapter 20-5 and 20-5A, Series 3, Special Regulations in effect on July
				11, 1985, to the extent that any provision of said Series 3 pertains to the
				exploration, development, production, storage and recovery of oil and gas, and
				related mineral resources in this state. The provisions of said Series 3 had
				continued in effect pursuant to West Virginia Code
				22-1-5
				for the benefit of the Department of Energy to the extent that they pertained
				to the provisions of The West Virginia Energy Act.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-11 - Miscellaneous Water Pollution Control › Section 33-11-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
Unless the context in which used clearly requires a different
				  meaning, the definitions set forth in West Virginia Code
				  20-5A-2,
				  22B-1-1,
				  and
				  22-1-3
				  shall apply to this rule in addition to the definitions set forth in Series 17
and 18
of the Division's rules.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-11 - Miscellaneous Water Pollution Control › Section 38-11-3 - Discharge notification and response

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The owner or operator or person in
				charge of a facility subject to these regulations from which a reportable
				discharge as described in Section 3,3 occurs shall notify the Division of Oil
				and Gas by calling
1-800-354-3312
immediately, but in
				no case, later than twenty-four (24) hours after becoming aware of the
				discharge.
3.2. The person who
				notifies the Division pursuant to 3.1 shall report the type of substance and
				the estimated quantity discharged, if known; the location of the discharge;
				actions the -- person reporting the discharge proposed to take to contain,
				clean-up and remove the substance, if any, and any other information concerning
				the discharge which the Division may request at the time of notification. A
				written verification of such notification shall be submitted upon request of
				the Division.
3.3. The following
				discharges from a facility subject to these regulations are "reportable
				discharges" within the meaning of this section:
3.3.1. Any discharge which would be
				reportable pursuant to Section 311(b) of the Federal Water Pollution Control
				Act Amendment of 1972, as amended by the Clean Water Act of 1977,
				33 U.S.C.
				1321, and the regulations promulgated
				thereunder;
3.3.2. Any upset or
				bypass causing effluent limitations established under the general permit to be
				exceeded; or
3.3.3. Any pit failure
				which results in a discharge to any surface water of the state.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-11 - Miscellaneous Water Pollution Control › Section 38-11-4 - Waste load allocations

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Sewage
				Discharges - Waste load allocations for sewage dischargers are to be issued by
				the Director to potential applicants for a Water Pollution Control Permit (West
				Virginia Code
				22B-1-7,) to
				assist with planning of wastewater treatment works which will meet effluent
				limitations guidelines and not violate State Water Quality Standards for the
				receiving waters. Applications for the waste load allocations shall be made for
				any facilities which will produce or result in a discharge of sewage to the
				state's surface waters. Waste load allocations are not intended to be, and
				shall not be interpreted to be, an advance approval of wastewater treatment
facilities
which may be proposed nor is it an
				assurance that a Water Pollution Control Permit will be issued. It is
				emphasized that waste load allocations are issued on major effluent criteria
				only for planning purposes.
4.1.1.
				Application forms may be prescribed by the Director requiring submission of
				necessary information and data by the applicant to enable the Division of Oil
				and Gas to make a waste load allocation determination. Such determination shall
				be valid for a period of time specified by the Director. Re-application for a
				new waste load allocation will be required upon expiration of the preceding
				waste load allocation unless application for a Water Pollution Control Permit
				has been filed.
4.1.2. Waste load
				allocations shall prescribe the concentration and quality of significant
				wastewater substances and physical, chemical or biological conditions for the
				proposed discharge. The waste load limitations shall represent thirty (30) day
				and seven (7) day average values for biochemical oxygen demand, solids,
				nitrogen, and other criteria defining the load, except for pH and dissolved
				oxygen which are
instantaneous
limits, if it is deemed
				necessary to assure protection- of water uses immediately downstream from the
				point of discharge to the receiving waters.
4.1.3. Waste load allocations are not
				required prior to an application to dispose of treated domestic sewage effluent
				by land treatment and disposal methods. Applications for a Water Pollution
				Control Permit for such purpose will be reviewed on a case-by-case basis. Such
				systems may require a Water Pollution Control Permit from the Director,
				Division of Oil and Gas, Department of Energy.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-11 - Miscellaneous Water Pollution Control › Section 38-11-5 - Small wastewater treatment plants

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The requirements of this section apply
				to sewage treatment plants of forty thousand (40,000) gallons per day capacity
				or less at facilities subject to these regulations,
5.2. Operational reliability for such plants
				shall be provided in order that pollutants are not discharged during periods of
				power failure.
5.3. The wastewater
				treatment structure shall be protected against physical damage fox the
				twenty-five (25) year flood level and operability be maintained during the ten
				(10) year flood level.
5.4. No
				construction, installation, modification or operation of a wastewater disposal
				system (treatment plant sewers, life stations and appurtenances) shall be
				performed until a Water Pollution Control Permit has been issued for such
				facilities.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-11 - Miscellaneous Water Pollution Control › Section 38-11-6 - Outlet markers

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. In
				accordance with West Virginia Code
				22B-1-7 and
				20-5A-5 each holder of a Water Pollution Control Permit for a facility subject
				to these regulations shall post a permanent marker at the establishment under
				permit in accordance with the following unless an alternative marker
				requirement is established by permit:
6.1.1.
				A marker shall be posted on the stream bank at each surface water outlet
				covered by the permit.
6.1.2. The
				marker shall consist of the name of
the
establishment
				to which the permit was issued, the permit number, and the outlet
				number.
6.1.3. The marker shall be
				a minimum of two (2) feet by two (2) feet and shall be a minimum of three (3)
				feet above ground level.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-11 - Miscellaneous Water Pollution Control › Section 38-11-7 - Spill Prevention - Production Facilities

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. At each production facility, which
				includes all wells, flowlines, separation equipment, storage facilities,
				injection facilities, and auxiliary non-tranaportation-related equipment and
				facilities, all operators shall have appropriate containment and/or
				diversionary structures or equipment to prevent discharged oil or other
				pollutants from reaching the waters of the state. One of the following
				preventative systems or its equivalent shall be used as a minimum unless an
				appropriate water pollution control permit provides for another method of spill
				prevention:
7.1.1. Dikes, berms, or retaining
				walls sufficiently impervious to contain spilled oil or other
				pollutants;
7.1.2.
				Curbing;
7.1.3. Culverting gutters
				or other drainage systems;
7.1.4.
				Weirs, booms or other barriers;
7.1.5. Spill diversion ponds;
7.1.6. Retention ponds;
7.1.7. Sorbent materials.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-11 - Miscellaneous Water Pollution Control › Section 38-11-8 - Spill Prevention - Workover Operations

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Mobile drilling or workover equipment
				should be positioned or located so as to prevent spilled oil or other
				pollutants from reaching waters of state.
8.2. Depending on the location, catchment
				basins or diversion structures may be necessary to intercept and contain spills
				of fuel, crude oil, or oily drilling fluids.
8.3. Before drilling below any casing string
				or during workover operations, a blowout prevention (BOP.) assembly and well
				control system shall be installed that is capable of controlling any well head
				pressure that is expected to be encountered while that BOP assembly is on the
				well.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-11 - Miscellaneous Water Pollution Control › Section 38-11-9 - Submittal of Spill Prevention Plans

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Notwithstanding compliance with any
				division regulation or permit, whenever a facility has: Discharged more than
				1000 U.S. gallons into the waters of the state in a reportable discharge or
				discharged oil or other pollutants into the waters of the state in two reported
				discharges within any twelve month period; the owner or operator of such
				facility shall submit to the Director the following:
9.1.1. Name of the facility;
9.1.2. Names (s) of the owner or operator of
				the facility;
9.1.3. Location of
				the facility;
9.1.4. Date and year
				of initial facility operation;
9.1.5. Maximum storage or handling capacity
				of the facility and normal daily throughput;
9.1.6. Description of the facility, including
				maps, flow diagrams, and topographic maps;
9.1.7. The complete copy of the SPCC Plan
				with any amendments as required under 40 C.F.R. § 112, or Best Management
				, Plan (BMP) as required under any permit;
9.1.8. The cause(s) of such spill, including
				a failure analysis of system or sub-system in which the failure
				occurred;
9.1.9. The corrective
				actions and/or countermeasures taken, including an adequate description of
				equipment repairs and/or replacements;
9.1.10. Additional preventive measures taken
				or contemplated to minimize the possibility of recurrence;
9.1.11. Such other information as the
				Director may reasonably require pertinent to the Plan or spill
				event.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-12 - Solid Waste › Section 38-12-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1 Scope - This
				rule provides-a solid waste permit by rule for certain solid waste facilities
				and provide for the issuance of other solid waste permits pertaining to the
				exploration development, production, storage and recovery of oil and gas and
				related mineral resources in this state.
1.2 Authority and Related Code Citation(s) -
W.Va. Code
§§
									22-1-13;
				22-1-15;
				22-1-16;
				22B-1-2; and 20-5F-1
				through 8.
1.3 Filing Date - June
				12,1987
1.4 Effective Date - June
				12,1987
1.5 Former Rule Superseded
				- This legislative rule supersedes West Virginia Legislative Rule "Department
				of Natural Resources, Chapter 20-5F, Series XVIII, Subpart II" in effect on
				July 11, 1985, to the extent that such rule pertains to the exploration,
				development, production, storage and recovery of oil and gas, and related
				mineral resources in this state. Such rule was continued in effect pursuant to
W.Va. Code
§
									22-1-15
				for the benefit of the Department of Energy to the extent that it pertained to
				the provisions of The West Virginia Energy Act.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-12 - Solid Waste › Section 38-12-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
Unless the context in which used clearly requires a different
				  meaning, the definitions contained
W.Va. Code
§
				  20-5F-2 and in Section 2 of West Virginia Legislative Rule "Department of
				  Natural Resources, Chapter 20-5F, Series XVIII, Solid Waste Management
				  Regulations" in effect on July 11, 1985, shall apply to these
				  regulations.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-12 - Solid Waste › Section 38-12-3 - Permits

Current through Register Vol. XLI, No. 28, July 12, 2024
A permit shall be obtained from the Department of Energy,
				  Division of Oil and Gas prior to the installation, establishment,
				  construction/modification, operation or abandonment of any solid waste facility
				  that is within the scope of Section 1.1 of this rule. Such a permit shall
				  satisfy the requirements of
W.Va. Code
§§
				  20-5F-1 through 8 and contain such reasonable terms and conditions as may be
				  prescribed by the Director of the Department of Energy, Division of Oil and
				  Gas.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-12 - Solid Waste › Section 38-12-4 - Permit by Rule

Current through Register Vol. XLI, No. 28, July 12, 2024
A solid waste facility shall be deemed to have a solid waste
				  permit for that facility, if that facility complies with the regulatory and
				  permitting requirements set forth in Series 1 of the rules of the Department of
				  Energy, Division of Oil and Gas, Nothing in this section shall relieve an owner
				  or operator of such a well of any obligation to apply for. and receive
				  appropriate authorizations from other agencies for such a facility, if the
				  facility received waste from sources other than those associated with the
				  exploration, development, production, storage and recovery of oil and gas and
				  related mineral resources in this state.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-13 - Hazardous Waste › Section 38-13-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1 Scope - This
				rule excludes certain wastes from regulation as hazardous waste and provide a
				hazardous waste permit by rule for injection wells disposing of hazardous waste
				from the exploration, development, production, storage and recovery of oil and
				gas and related mineral resources in this state.
1.2 Authority and Related Code Citation(s) -
W. Va. Code
§§
									22-1-13;
				22-1-15;
				22-1-16;
				22B-1-2;
				20-5E-6(a)(2) and 20-5E-7(h).
1.3
				Filing Date - June 12, 1987
1.4
				Effective Date - This rule shall become effective upon the date of the
				proclamation by the Governor pursuant to
W. Va. Code
§ 22-1-20 stating that final approval of the transfer of this program has
				been given by the United States Environmental Protection Agency or that such
				final approval is not necessary.
1.5 Former Rule Superseded - This legislative
				rule supersedes Sections 3.01.03(b)(5) and 11.8.3 of West Virginia Legislative
				Rule "Department of Natural Resources, Chapter 20-5E, Series XV, Hazardous
				Waste Management Regulations" in effect on July 11, 1985, to the extent that
				such rule pertains to the exploration, development, production, storage and
				recovery of oil and gas and related mineral resources in this state. Such
				sections were contained in effect pursuant to
W.Va
				Code
§
									22-1-15
				for the benefit of the Department of Energy inasmuch as they pertained to the
				provisions of the West Virginia Energy Act.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-13 - Hazardous Waste › Section 38-13-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
Unless the context in which used clearly requires a different
				  meaning, the definitions contained in
W.Va. Code
§ 20-5E-3 and in Section 2 of West Virginia Legislative Rule "Department
				  of Natural Resources, Chapter 20-5E, Series XV, Hazardous Waste Management
				  Regulations, in effect on July 11, 1985 shall apply to these regulations,
				  except that for the purposes of this rule, "Department" shall mean the
				  Department of Energy, Division of Oil and Gas, and "Director" shall mean the
				  Director of the Division of Oil and Gas of the Department of
				  Energy.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-13 - Hazardous Waste › Section 38-13-3 - Exclusions

Current through Register Vol. XLI, No. 28, July 12, 2024
Consistent with
W.Va. Code
§
				  520-5E-6(a)(2), the following wastes are not hazardous wastes, drilling fluids,
				  produced waters, and other wastes associated with the exploration, development,
				  or production of crude oil, natural gas or geothermal energy.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-13 - Hazardous Waste › Section 38-13-4 - Permit by Rule

Current through Register Vol. XLI, No. 28, July 12, 2024
The owner or operator of an injection well disposing of
				  hazardous waste from the exploration, development, production, storage and
				  recovery of oil and gas and related mineral resources in this state, shall be
				  deemed to have a hazardous waste management permit for that facility from the
				  Division, if the owner or operator:
(1) Has a UIC permit for underground
				injection issued pursuant to Series 3 of the rules of the Department of Energy,
				Division of Oil and Gas; and
(2)
				Complies with the regulatory and permitting requirements set forth in Series 1
				of the rules of the Department of Energy, Division of Oil and Gas.
Nothing in this section shall relieve an owner or operator of
				  such a well of any obligation to apply for and receive appropriate
				  authorizations from other agencies for such well, if the well receives waste
				  from sources other than those associated with the exploration, development,
				  production, storage and recovery of oil and gas and related mineral resources
				  in this state.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-14 - Dam Control › Section 38-14-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1 Scope -This
				legislative rule establishes general and specific rules for the design,
				placement, construction, enlargement, alteration, repair or removal of dams
				pertaining to the exploration, development, production, storage and recovery of
				oil and gas, and related mineral resources in this state, to include
				application for approval, hazard potential, subsurface and geologic
				investigation, laboratory investigation, hydrology, runoff control, hydraulics,
				slope stability and protection, seepage analysis, settlement analysis,
				foundation analysis, liquefaction potential, quality control, maintenance and
				inspection.
1.2 Authority and
				Related Code Citation(s) -
W.Va. Code
§§
									22-1-13,
				22-1-15;
				22-1-16;
				22B-1-2, and 20-5D-1
				through 14.
1.3 Filing Date - June
				12, 1987
1.4 Effective Date - June
				12, 1987
1.5 Former Rule Superseded
				- This legislative rule supersedes West Virginia Legislative Rule "Department
				of Natural Resources, Chapter 20-5D, Series XVI, Dam Control Regulations" in
				effect on July 11,1985, to the extent that such rule pertains to the
				exploration, development, production, storage and recovery of oil and gas, and
				related mineral resources in this state. Such rule was continued in effect
				pursuant to
W.Va. Code
§
									22-1-15
				for the benefit of the Department of Energy to the extent that it pertained to
				the provisions of The West Virginia Energy Act.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-14 - Dam Control › Section 38-14-3 - Requirements for a Certificate of Approval

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1 Applicability - An application and
				certificate of approval is required for any placement, construction,
				modification, enlargement, alteration, repair or removal of a dam after June
				13, 1973, pertaining to the exploration, development, production, storage and
				recovery of oil and gas, and related mineral resources in this state. The
				Director of the Department of Energy, Division of Oil and Gas shall give notice
				to file an application for a certificate of approval to every owner of such a
				dam completed prior to July 1, 1973, that has not been issued a certificate of
				approval pursuant to
W.Va. Code
§§ 20-5D-1
				through 14, as of the effective date of this rule.. Any person who wishes to
				construct, modify, or remove such a dam or who is notified by said Director
				shall (a) file an application for a certificate of approval with the Department
				of Energy, Division of Oil and Gas and (b) obtain from said Division a
				certificate of approval, unless such person has applied for and been issued a
				certificate of approval pursuant to
W.Va. Code
§§ 20-5D-1 through 14, as of the effective date of this
				rule.
3.2 Application Requirements
				- An application for a certificate of approval shall be prepared by or under
				the direct supervision of a registered professional engineer. The application
				shall be on forms prescribed by the Director of the Division of oil and Gas of
				the Department of Energy and shall include one set of maps and drawings on
				standard 24" by 36" size plan sheets with two copies of an engineering report.
				The engineering report shall satisfy the requirements of Section 4.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-14 - Dam Control › Section 38-14-4 - Engineering Report Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
The engineering report required to accompany the application
				  for a certificate of approval shall contain the following information in the
				  order listed:
4.1 Project Narrative -
				A general narrative and discussion of the project shall be submitted to include
				as required by the design concept a discussion of existing site conditions,
				local geology the design life of the facility, subsidence potential, design
				methodology backed up with design computations and data, method of construction
				to include clearing and grubbing, topsoil stockpiles, construction of surface
				and subsurface drainage facilities, phases of construction, routine inspection
				and maintenance, and timetable of construction, A description of the duties,
				responsibilities and lines of communication between those persons responsible
				for the design, construction and operation of the dam shall be
				included.
4.2 Emergency Warning
				Systems - All owners of dams posing a hazard to human life shall include an
				emergency notification and evacuation procedure and shall include a list of
				appropriate agencies to be contacted in the event a dangerous condition
				develops. These agencies shall include as a minimum the Division of Oil and Gas
				of the Department of Energy, Office of Emergency Services and state and local
				law enforcement agencies.
4.3
				Hazard Classification - The hazard potential shall be determined by the
				applicant based on the potential loss that would result due to a failure and
				the classification determined as listed below:
4.3.1 Class A - Dams located in rural or
				agricultural areas where failure may damage farm buildings, agricultural land,
				or secondary highways. Failure of the structure would cause only loss of the
				structure and loss of property use such as related roads, but with little
				additional damage to adjacent property. Any impoundment exceeding 25 feet in
				height or 200 acre-feet storage volume or having a watershed exceeding 500
				acres shall not be a Class A structure.
4.3.2 Class B - Dams located in predominately
				rural agricultural areas where failure may damage isolated homes, primary
				highways or minor railroads or cause interruption of relatively important
				public utilities. Failure of the structure may cause great damage to property
				and project operations.
4.3.3 Class
				C - Dams located where failure may cause loss of human life, serious damage to
				homes, industrial and commercial buildings, important public utilities, primary
				highways, or main railroads. This classification must be used if failure would
				cause possible loss of human life.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-14 - Dam Control › Section 38-14-5 - Performance Standards

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1 Site
				Preparation
5.1.1 Sediment Control
Approved sediment 'control facilities shall be installed
				  prior to clearing and grubbing.
5.1.2 Clearing and Grubbing
Clearing and grubbing must be performed in foundation, borrow
				  and soil stockpile areas. Clearing is required in the maximum permanent pool
				  area unless otherwise approved.
5.1.3 Foundation Preparation
Preparation shall include installation of keyways and
				  subdrains, removal of soft areas and similar site preparation operations
				  dictated by the approved plan and site conditions. The foundation shall be
				  inspected by the Director prior to placement of embankment materials.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-14 - Dam Control › Section 38-14-6 - Inspection and Quality Control

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1
				Inspection During Construction
6.1.1 Plans,
				specifications and all previous inspection reports shall be available at the
				construction site office for reference by construction personnel and the
				Director of the Division of Oil and Gas of the Department of Energy.
6.1.2 A visual inspection for construction
				progress, determination of unstable conditions, conformance with plans, and
				quality control shall be held at least once every seven days, or more
				frequently as specified by the design engineer. The inspection shall be done by
				a registered engineer or a person under the direct supervision of the
				registered engineer. Inspections shall be held after heavy rainfall events to
				determine problems and remedial measures. Piezometers shall be monitored every
				seven days unless otherwise stated in the approved plan. This schedule may be
				changed by the Director of the Division of Oil and Gas of the Department of
				Energy depending on specific site conditions.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-14 - Dam Control › Section 38-14-7 - Reporting Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1
				Monthly Progress Reports During Construction - A written report containing
				results of inspection of construction progress shall be submitted by the owner
				every month. the report shall include but not be limited to a summary of
				instrumentation data, testing data, freeboard, crest elevation, water surface
				elevation, and specific construction problems. Upon completion of construction,
				notice shall be given to the Director of the Division of Oil and Gas of the
				Department of Energy.
7.2 Post
				Construction Inspection Reports - A report shall be submitted by the owner
				reporting the findings of the inspection required in Section 6.2. Certification
				by an engineer shall be submitted with the inspection report that:
(1) the dam and its appurtenances were
				constructed in general accordance with approved plans and specifications
				and
(2) the dam and appurtenances
				are functioning as designed.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-15 - Underground Injection Control › Section 38-15-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1 Scope. This
				rule sets forth criteria and standards for the requirements which apply to the
				State Underground Injection Control Program (UIC) as it relates to the
				exploration, development, production, storage and recovery of oil and gas and
				related mineral resources in this state. The UIC permit program regulates
				underground injection by five (5) classes of wells. The five (5) classes of
				wells are set forth in Section 5 of this rule. Underground injection which is
				not authorized either by rule or by permit is unlawful.
1.2 Authority.
W.Va.
				Code
§§
									22-1-13,
				22-1-15,
				22-1-16;
				22B-1-2;
				22B-1-7(b)(6);
				20-5E-7(h);
				20-5A-1
				through 24.
1.3 Filing Date. June
				12, 1987
1.4 Effective Date. This
				rule shall become effective upon the date of the proclamation by the Governor
				pursuant to
W. Va. Code
§ 22-1-20 stating that
				final approval of the transfer of this program has been given by the United
				States Environmental Protection Agency or that such final approval is not
				necessary.
1.5 Former Rule
				Superseded. This legislative rule supersedes in part West Virginia
				Administrative Regulations, "State Water Resources Board, Chapter 20-5A, Series
				IX Regulations for the West Virginia Underground Injection Control Program," in
				effect on July 11, 1985, to the extent that those regulations conflict with the
				authority of the Department of Energy set forth in Section 1.2 of this rule.
				Such regulations were continued in effect pursuant to
W.Va.
				Code
§
									22-1-15
				for the benefit of the Department of Energy to the extent that they pertained
				to the provisions of The West Virginia Energy Act.
1.6 Incorporation by Reference. All
				incorporations by reference in this rule (Series 3) of federal regulations
				shall refer to those federal provisions in effect as of Hay 1, 1986. A copy of
				the incorporated regulations was filed with the Secretary of State on May 14,
				1986.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-15 - Underground Injection Control › Section 38-15-2 - Specific Inclusions and Exclusions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1 Specific inclusions. Wells included among
				those types of injection activities which are covered by this rule are those
				set forth at 40 C.F.R. $144.1(g)(1). (This list is not intended to be exclusive
				but is for classification only).
2.2 Specific exclusions. Wells which are not
				covered by this rule are those set forth at
				40 C.F.R. §
										144.1(g)(2).
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-15 - Underground Injection Control › Section 38-15-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
Unless the context in which used clearly requires a different
				  meaning, the definitions set forth in
W.Va. Code
§§
									22-1-3
				  and
				  22B-1-1
				  shall apply to this rule, along with the definitions contained in the EPA
				  Injection Wells Criteria (
				  40
				  C.F.R. §
										146.3 ), and UIC Permit Rules (
				  40
				  C.F.R. §
										144.3 ). The statutory
				  definitions contained in
W.Va. Code
$§
									22-1-3
				  and
				  22B-1-1
				  shall control in the event of conflict between state and federal definitions.
				  Each time the word "EPA" or "Administrator" or "Regional Administrator" appears
				  in the federal, regulations, it shall be construed to mean the Director of the
				  Division of Oil and Gas, unless the context clearly indicates the term to stand
				  as "EPA."
The following definitions shall apply:
3.1 "State" means the State of West
				Virginia.
3.2 "State Act" means The
				West Virginia Energy Act,
W.Va. Code
§-§
									22-1-1
				through
				22-13-3,
				22A-1-1
				through
				22A-6-6;
				and
				22B-1-1
				through 22B-4-13.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-15 - Underground Injection Control › Section 38-15-4 - Criteria for Exempted Aquifers

Current through Register Vol. XLI, No. 28, July 12, 2024
The requirements of
				  40 C.F.R. §
										146.4 are incorporated by
				  reference.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-15 - Underground Injection Control › Section 38-15-5 - Classification of Injection wells

Current through Register Vol. XLI, No. 28, July 12, 2024
The requirements of
				  40 C.F.R. §
										144.6 are incorporated by
				  reference.
West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-15 - Underground Injection Control › Section 38-15-6 - Area of Review

Current through Register Vol. XLI, No. 28, July 12, 2024
The requirements of
				  40 C.F.R. §
										146.6 are incorporated by
				  reference.