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West Virginia Code of State Rules › Agency 33 - Waste Management, Division Of Water And Waste Management › Title 33 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION WASTE MANAGEMENT › Series 33-01 - Solid Waste Management Rule › Section 33-1-7 - Open Dumps

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1.
				Prohibitions.
7.1.a. No person may create or
				operate an open dump.
7.1.b. No
				person may contribute additional solid waste to an open dump at any
				time.
7.1.c. Except as provided in
				subdivisions 7.1.d and 7.1.e of this rule, no landowner may allow an open dump
				to exist on his or her property, unless such open dump is under a compliance
				schedule approved by the Secretary.
7.1.d. An open dump operated prior to April
				1, 1988 by a landowner or tenant for the disposal of solid waste generated by
				the landowner or tenant at his or her residence or farm is not deemed to
				constitute a violation of subdivision 7.1.c of this rule, if such open dump did
				not constitute a violation of law on January 1, 1988.
7.1.d.1. After April 1, 1988, no additional
				solid waste may be contributed to an open dump operated by a landowner or
				tenant for the disposal of solid waste generated by the landowner or tenant at
				his or her residence or farm.
7.1.d.2. The landowner or tenant who operated
				an open dump for the disposal of solid waste generated at his or her residence
				or farm must, at a minimum, cover the accumulated waste with two (2) feet of
				topsoil.
7.1.e. An
				unauthorized dump created by unknown persons is not deemed to constitute a
				violation of subdivision 7.1.c of this rule, and the owner of the land on which
				such dump is located is not liable for unauthorized dumping, unless he refuses
				to cooperate with the Department in stopping the dumping. Cooperation with the
				Department may include, but is not limited to, the following:
7.1.e.1. The posting of signs stating that
				dumping is illegal;
7.1.e.2. The
				erection of fencing to surround the accumulated waste;
7.1.e.3. Surveillance of the open dumping
				areas to determine the identity of contributors to such open dumps;
7.1.e.4. The removal and keeping of certain
				indications of ownership as contemplated by W. Va. Code §
											22-15A-4(b);
				or
7.1.e.5. Testimony before a
				judicial officer regarding the identity of contributors to the dump.
7.1.f. Open burning of solid waste
				is prohibited.
West Virginia Code of State Rules › Agency 33 - Waste Management, Division Of Water And Waste Management › Title 33 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION WASTE MANAGEMENT › Series 33-01 - Solid Waste Management Rule › Appendix I - CONSTITUENTS FOR PHASE I DETECTION MONITORING[1]

Current through Register Vol. XLI, No. 28, July 12, 2024
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West Virginia Code of State Rules › Agency 33 - Waste Management, Division Of Water And Waste Management › Title 33 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION WASTE MANAGEMENT › Series 33-01 - Solid Waste Management Rule › Appendix II - PHASE II ASSESSMENT MONITORING HAZARDOUS INORGANIC AND ORGANIC CONSTITUENTS[1]

Current through Register Vol. XLI, No. 28, July 12, 2024
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West Virginia Code of State Rules › Agency 33 - Waste Management, Division Of Water And Waste Management › Title 33 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION WASTE MANAGEMENT › Series 33-01 - Solid Waste Management Rule › Appendix III - MAXIMUM CONTAMINANT LEVELS (MCLs) (PROMULGATED UNDER THE SAFE DRINKING WATER ACT)

Current through Register Vol. XLI, No. 28, July 12, 2024
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West Virginia Code of State Rules › Agency 33 - Waste Management, Division Of Water And Waste Management › Title 33 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION WASTE MANAGEMENT › Series 33-01 - Solid Waste Management Rule › Appendix IV - Schedule of Solid Waste Facility Permit Application Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
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West Virginia Code of State Rules › Agency 33 - Waste Management, Division Of Water And Waste Management › Title 33 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION WASTE MANAGEMENT › Series 33-01 - Solid Waste Management Rule › Appendix V - Leachate Sampling Parameters for Facilities Accepting Drill Cuttings and Associated Drilling Waste

Current through Register Vol. XLI, No. 28, July 12, 2024
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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 33-01A - DISPOSAL OF COMPLETION OR PRODUCTION WASTE › Section 33-1A-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule provides guidance and direction to commercial solid waste facilities for
				the proper disposal of completion or production waste as a special solid waste
				generated from horizontal well sites, pursuant to the provisions of the Solid
				Waste Management Rule, 33 C. S. R. 1.
1.2. Authority. -- W. Va. Code §§
									22-15-5(a)
				and
				22-15-8(h)
1.3. Filing. -- June 22, 2017.
1.4. Effective Date. -- August 1,
				2017.
1.5. Applicability. - This
				rule is applicable to the commercial solid waste facilities that are permitted
				to take drill cuttings and drilling waste generated from horizontal oil and
				natural gas well sites pursuant to the West Virginia Solid Waste Management
				Act, W. Va. Code §
									22-15-8(g).
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 33-01A - DISPOSAL OF COMPLETION OR PRODUCTION WASTE › Section 33-1A-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 §
									22-15-2
				  and 33 C.S.R. 1 § 2 apply to this rule, in addition to the definition set
				  forth below.
2.1. "Completion or
				production waste" means wastes generated during the completion or production
				processes or derived from the hydraulic fracturing process associated with
				horizontal natural gas well development, including without limitation, flowback
				solids, brine, tank bottoms, pit cleanout material and sludges, filters and
				filter media, pipe scale and used fracturing sand and proppants. Completion or
				production waste does not include any waste containing radioactive tracers
				regulated by the Nuclear Regulatory Commission (NRC), unless the generator of
				the waste has obtained permission from the NRC to dispose of this waste in a
				West Virginia landfill.
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 33-01A - DISPOSAL OF COMPLETION OR PRODUCTION WASTE › Section 33-1A-3 - Acceptance and Handling of Completion or Production Waste as a Special Solid Waste

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Prior to
				the acceptance and disposal of completion or production waste, a permittee
				shall apply for and obtain a special waste minor permit modification in
				accordance with subsection 4.13 of the Solid Waste Management Rule.
3.2. The permittee shall dispose of all
				completion or production waste in a cell(s) dedicated solely to the disposal of
				drill cuttings and associated drilling waste, as established in the West
				Virginia Solid Waste Management Act and the Solid Waste Management
				Rule.
3.3. The permittee shall
				comply with all liner system requirements set forth in the Solid Waste
				Management Rule related to the construction of separate cells for the disposal
				of drill cuttings and associated drilling waste and all radiation monitoring
				requirements set forth in_Section 3.5 below.
3.4. Waste Profiling Requirements.
3.4.a. The facility must obtain from the
				generator results from at least one representative composite sample of the
				waste, unless otherwise approved by the Secretary. At a minimum, the facility
				must submit the following analyses with each application for a special waste
				minor permit modification: Toxicity Characterization Leaching Procedure (TCLP)
				Metals, EPA Method 1311; TCLP Volatile Organic Compounds, EPA Method 8260B; and
				TCLP Semivolatile Organic Compounds, EPA Method 8270C. Sampling results for
				these parameters must not exceed the limits of
				40 C.F.R. §
											261.24. The facility must also submit
				analyses for Total Petroleum Hydrocarbons (TPH), EPA Method 8015C, and Percent
				Solids, EPA Method Number 160.3 or 2540.
3.4.b. In addition to analyses set forth in
				subdivision 3.4.a above, the permittee must analyze each load of completion or
				production waste entering the facility for the combined concentration of Radium
				226 and Radium 228, and each load shall be accompanied by the test results for
				that load. The analysis must be done by a laboratory certified by the
				Department's Environmental Laboratories Certification program. If the combined
				concentration in the waste is less than or equal to fifty picocuries per gram
				(50pCi/gr.), the facility may accept the waste for disposal. If the values are
				greater than 50pCi/gr, the facility shall reject the load.
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 33-01A - DISPOSAL OF COMPLETION OR PRODUCTION WASTE › Section 33-1A-4 - Daily Cover

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The
				Secretary may require daily cover in excess of that required in the Solid Waste
				Management Rule on these drilling waste cells that receive completion or
				production waste if, in the Secretary's discretion, extra cover is needed to
				protect the environment or the health, safety, and welfare of the
				public.
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 33-01B - Requirements for the Management of Coal Combustion Residuals › Section 33-1B-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				Legislative Rule adopts 40 CFR Part 257 Subpart D, Standards for the Disposal
				of Coal Combustion Residuals in Landfills and Surface Impoundments, by
				reference. This subpart applies to owners and operators of new and existing
				landfills and surface impoundments, including any lateral expansions of such
				units that dispose or otherwise engage in solid waste management of CCR
				generated from the combustion of coal at electric utilities and independent
				power producers. Unless otherwise provided in this subpart, these requirements
				also apply to disposal units located off-site of the electric utility or
				independent power producer. This subpart also applies to any practice that does
				not meet the definition of a beneficial use of CCR.
Except as otherwise provided, the regulations of the United
				  States Environmental Protection Agency set forth in Subpart D of 40 CFR Part
				  257, promulgated as of December 14, 2020, excluding 40 CFR 257.50(e), 40 CFR
				  257.90(g), and 40 CFR 257.95(h)(2), and including 40 CFR 257.3-1, 257.3-2, and
				  257.3-3, wherein they exclusively relate to standards for the disposal of coal
				  combustion residuals in landfills and surface impoundments, are hereby
				  incorporated as part of the West Virginia Solid Waste Management Regulations,
				  33 CSR 1, et seq.
1.2.
				Authority. -- W. Va. Code §§ 22-15-5 and 22-15-10.
1.3. Filing Date. -- March 01,
				2022.
1.4. Effective Date. -- March
				01, 2022.
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 33-01B - Requirements for the Management of Coal Combustion Residuals › Section 33-1B-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Except as
				otherwise provided, all material definitions, reference materials, and other
				ancillaries that are part of incorporated sections of 40 CFR Part 257 are also
				hereby incorporated as part of the West Virginia Solid Waste Management
				Regulations.
2.2. In all locations
				in this series, where text from 40 CFR Part 257 is incorporated by reference,
				the following additions, modifications, and exceptions shall amend the
				incorporated text for the purpose of its incorporation into this chapter. The
				following terms, where they appear in the Code of Federal Regulations shall,
				for the purpose of this chapter, have the following meanings or
				interpretations:
2.2.a. "Secretary" shall
				supplant the "State Director" wherever it appears.
2.2.b. "Qualified professional engineer" or
				"engineer" means a "professional engineer" certified to practice in the State
				of West Virginia.
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 33-02 - Sewage Sludge Management Rule › Section 33-2-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule establishes requirements for the permitting siting, bonding,
				installation, establishment, construction, modification, and operation of any
				facility that generates, processes, recycles and/or disposes of sewage sludge
				by whatever means, including, but not limited to, land application, composting,
				incineration, mixed waste composting, or any other method of handling sewage
				sludge within the state. This rule applies to any person who owns or operates a
				sewage sludge facility or who is responsible for the processing or disposal of
				sewage sludge.
1.2. Authority. --
				W. Va. Code §§
									22-15-8(e),
				22-15-20(b)
				and
				22-15-20(q).
1.3. Filing Date. -- May 12, 2000.
1.4. Effective Date. -- June 12, 2000.
1.5. Incorporation by Reference.
				-- Whenever federal or state statutes or regulations are incorporated into this
				rule by reference, the reference is to the statute or regulation in effect on
				the effective date 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 33-02 - Sewage Sludge Management Rule › Section 33-2-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
The following definitions shall apply to this rule unless
				  otherwise specified herein:
2.1.
				"Agricultural Land" is land on which a food crop, feed crop, or fiber crop is
				grown. This includes, but is not limited to, range land and land used as
				pasture.
2.2. "Agronomic rate"
				means the whole sewage sludge application rate, by dry weight, designed:
(1) To provide the amount of nitrogen needed
				by the food crop, feed crop, fiber crop, cover crop or vegetation on the land;
				and
(2) To minimize the amount of
				nitrogen in the sewage sludge that passes below the root zone of the crop or
				vegetation grown on the land to the ground water.
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 33-02 - Sewage Sludge Management Rule › Section 33-2-3 - Standards for Use, Disposal and Processing of Sewage Sludge

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Incorporation of Federal Regulations. --
				Federal regulations 40 CFR 503, excluding sections 503.10(b)(1) and 503.20
				through 503.29 inclusive, in effect on the effective date this rule, are hereby
				fully incorporated and implemented as a part of this rule promulgated under the
				authority of W. Va. Code §
									22-15-20.
				Provided, That in instances where similar provisions exist, the more stringent
				requirements (state or federal) shall apply.
3.2. Sewage Sludge Land Application Siting
				Restrictions and Location Standards.
3.2.a.
				Except as provided in subsection 3.2.b of this rule, sewage sludge shall not be
				applied to land that meets any of the following conditions:
3.2.a.1. Land that is frozen, snow-covered,
				or known to be flooded on a regular basis unless the applicant can demonstrate
				to the director that the land application will not cause runoff into streams or
				wetlands.
3.2.a.2. Land within
				fifty (50) feet of surface water to include streams, springs, ponds, wetlands,
				or other collection points for surface water.
3.2.a.3. Land within two hundred (200) feet
				of drinking water supply wells or other personal water supply.
3.2.a.4. Land within two hundred (200) feet
				of an occupied dwelling.
3.2.a.5.
				Land within fifty (50) feet of a federal or state highway.
3.2.a.6. Land within one hundred (100) feet
				of an adjacent property owner's property line.
3.2.a.7. Land from which drainage leads into
				a sinkhole.
3.2.a.8. Land that has
				been tested and determined to have a pH of less than 6.2, unless the pH is
				adjusted to 6.2 or greater.
3.2.a.9. Land that has a slope greater than
				15%.
3.2.a.10. Land that has a
				seasonal high groundwater table less than 2 feet from the surface.
3.2.a.11. Land that has less than 6 inches of
				soil over bedrock or an impervious pan.
3.2.a.12. Land containing soil with surface
				permeability of less than 0.6 inches/hour or greater than 6 inches/hour.
3.2.a.13. Other land determined by
				the director to be unsuitable for application of sewage sludge.
3.2.a.14. The prohibitions of 3.2.a.4, 5, 6,
				8, 9, 11 and 12 may be waived by the Division in any land application permit
				for exceptional quality compost upon a showing by the applicant that the
				application of exceptional quality compost will not cause significant
				environmental impact. The applicant shall include in writing the justification
				for such request in its application for a land application permit.
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 33-02 - Sewage Sludge Management Rule › Section 33-2-5 - General, Processing Facility, and Land Application Permit Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Permit General
				Requirements. -- All permits issued pursuant to this rule shall contain the
				following:
5.1.a. Any requirement of
				40CFR503, including but not limited to:
5.1.a.1. Limitations on the concentrations of
				pollutants (heavy metals), toxins, vectors and pathogens in the sewage sludge
				or sewage sludge products;
5.1.a.2.
				Requirements relative to monitoring sewage sludge and sewage sludge product
				quality and reporting the results of those analyses for pH, percent solids,
				organic nitrogen, potassium, phosphorus, calcium, magnesium, total nitrogen,
				ammonia nitrogen, pathogen test results, vector attraction verification; and
				all heavy metals listed in Table 1 of this rule except that the frequency of
				monitoring shall be as described in Appendix A of this rule; except that
				permits issued for land application of domestic septage shall contain
				requirements to monitor the soil at the land application sites in lieu of
				sampling individual domestic septic tank systems. Such permits for domestic
				septage shall contain a provision requiring a manifest listing each source of
				domestic septage and certifying that the domestic septage contains no
				industrial or commercial waste products;
5.1.a.3. Requirements relative to reporting
				and certification;
5.1.a.4.
				Requirement to pay fees as identified in section 6 of this rule;
5.1.a.5. Requirements for the proper
				collection, control and disposal of leachate and stormwater runoff for the
				protection of groundwater, surface waters, and potable waters in the
				area;
5.1.a.6. Requirements to
				retain records for the facility for a minimum of five years;
5.1.a.7. Requirements to monitor and report
				monthly to the Division the specific source and quantity of sewage sludge
				generated, treated, stored, processed, composted, disposed, or
				placed;
5.1.a.8. Requirements not
				to exceed a commercial solid waste facility's tonnage limits, where
				applicable;
5.1.a.9. Requirements
				to provide copies of monthly reports to the county or regional solid waste
				authority in which the facility or land application site(s) is
				located;
5.1.a.10. Any other
				requirements, including additional monitoring, determined to be necessary by
				the director to insure compliance with state and federal
				regulations;
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 33-02 - Sewage Sludge Management Rule › Appendix A

Current through Register Vol. XLI, No. 28, July 12, 2024
FREQUENCY OF MONITORING
AMOUNT OF SEWAGE SLUDGE RECEIVED
FREQUENCY OF
						  MONITORING
(Actual dry tons per 365 per day)
Greater than zero but less than
						  290...................................
once every 6 months
Equal to or grater than 290 but less
than 1,5000
once per quarter
(4 times per year)
Equal to or greater than 1,500 but less
than 15,000
once per month
(12 times per month)
Equal to or greater than 15,000
once per
						  week
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 33-03 - Yard Waste Composting Rule › Section 33-3-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule establishes requirements for the proper handling and
				composting of yard waste including siting, bonding, design, construction,
				modification, operation, closure and permitting procedures pertaining to any
				facility or activity that generates, processes, composts or otherwise reuses or
				recycles yard waste by whatever means and sets forth requirements for operator
				training and certification.
1.2.
				Authority. -- W. Va. Code '20-11-8(c).
1.3. Filing Date. -- June 26, 2001.
1.4. Effective Date. -- June 26,
				2001.
1.5. Legislative Mandate.
Effective January 1, 1997 it is unlawful to deposit yard
				  waste, including grass clippings and leaves, in a solid waste facility in West
				  Virginia: Provided, That such prohibitions do not apply to a facility designed
				  specifically to compost yard waste or otherwise recycle or reuse such items:
				  Provided, That reasonable and necessary exceptions to such prohibitions are
				  included in subsection 3.1.c of this rule.
1.6. Incorporation by Reference.
Whenever federal or state statutes or rules are incorporated
				  into this rule by reference, the reference is to the statute or rule in effect
				  on the effective date 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 33-03 - Yard Waste Composting Rule › Section 33-3-3 - Yard Waste Composting and Permitting Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Applicability.
3.1.a. This rule applies to all persons who
				handle or manage yard waste to produce compost and requires that:
3.1.a.1. Methods employed for yard waste
				composting must be consistent with section 4 of the Solid Waste Management
				Board's program for the AProper Handling of Yard Waste,@ dated May 1,
				1993.
3.1.a.2. Yard wastes must not
				be combined with Asludge,@ as defined in 33CSR1 section 2 of the Solid Waste
				Management Rule, Apetroleum contaminated soil@ or other solid waste materials
				specified by the Secretary.
3.1.a.3. A yard waste composting facility may
				not be situated atop a partially or fully closed solid waste disposal area,
				unless approved by the Secretary in writing; An existing solid waste facility
				by minor permit modification may include yard waste composting
				operations.
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 33-03 - Yard Waste Composting Rule › Section 33-3-4 - Closure Requirements for a Commercial Yard Waste Composting Facility

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Maintenance
				Minimization.
The owner or operator shall close the facility in a manner
				  that minimizes the need for further maintenance. All solid waste, compost, and
				  residues shall be removed and disposed in a permitted solid waste disposal
				  facility.
4.2. Closure Plan
				and Closure Plan Amendments.
The owner or operator of a commercial yard waste composting
				  facility shall have a written closure plan.
4.2.a. Closure Plan Inclusions.
4.2.a.1. This plan shall identify the steps
				necessary to completely close the facility at the time when its operation is
				most extensive or operating at peak capacity. The closure plan must include, at
				a minimum, a schedule for final closure, the anticipated date when wastes will
				no longer be received, the date when completion of final closure is
				anticipated, and intervening milestone dates which will allow tracking of the
				progress of closure.
4.2.a.2. The
				closure plan shall be submitted to the Department of Environmental Protection
				as a part of the application for a permit. If the Secretary finds the closure
				plan is deficient, the closure plan shall be amended by the owner or operator
				within ninety (90) days of the Secretary=s finding. The permit will not be
				issued by the Department of Environmental Protection until the amended plan
				meets the closure requirements.
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 33-03 - Yard Waste Composting Rule › Section 33-3-5 - Commercial Yard Waste Composting Operator Training and Certification Program

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Experience,
				Training and Education.
In order to ensure the proper, safe and efficient composting
				  of yard waste, operators of commercial yard waste composting facilities must
				  have a minimum of two (2) years on the job experience in yard waste composting
				  or receive training and education in yard waste composting. The training and
				  education shall consist of but not be limited to forty (40) classroom hours.
				  Topics should include:
5.1.a. Proper
				and safe equipment operation and equipment preventive maintenance;
				and
5.1.b. Composting science
				technology which encompasses the composting process, composting methods,
				composting operations, site and environmental considerations, facility design
				and use, compost quality control, using and marketing compost, composting
				economics, record keeping and reporting, worker safety, business math and
				volumetric calculations.
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 33-04 - Lead Acid Battery Rule (Tech Cleanup changing # from 33-38F filed 1997) › Section 33-4-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule establishes requirements for the proper storage, handling,
				recycling, and disposal of lead acid batteries.
1.2. Authority
.
-- W. Va. Code
				'20-11-8(c).
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 33-04 - Lead Acid Battery Rule (Tech Cleanup changing # from 33-38F filed 1997) › Section 33-4-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
All definitions in W. Va. Code '22-15-2, are fully
				  incorporated into this rule by reference. The following additional definitions
				  apply to this rule unless otherwise specified herein:
2.1. "Lead Acid Battery" means an encasement
				which contains or contained lead and sulfuric acid to produce an electrical
				charge.
2.2. "Lead Acid Battery
				Storage Facility" means any facility used for the storage of lead acid
				batteries, including any wholesale or retail business, automotive service or
				repair garages or other persons that handle lead acid batteries for purposes of
				commerce, recycling or disposal.
2.3. "Lead Acid Battery Dealer" means any
				person selling, collecting, disposing, storing, recycling or otherwise handling
				new or spent lead acid batteries on a wholesale or retail basis.
2.4. "Spent Lead Acid Battery" means an
				encasement which contains or contained lead and sulfuric acid which will no
				longer produce an electrical charge.
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 33-04 - Lead Acid Battery Rule (Tech Cleanup changing # from 33-38F filed 1997) › Section 33-4-3 - Lead Acid Battery Handling, Storage and Disposal Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Certain
				Disposal Prohibited. -- After the first day of June 1994, it shall be unlawful
				to deposit lead acid batteries in a solid waste disposal facility in West
				Virginia. Spent lead acid batteries must be delivered to an automotive battery
				dealer, or wholesaler, a secondary lead smelter permitted by the United States
				Environmental Protection Agency (USEPA), or a collection or recycling facility
				authorized under the hazardous waste laws of the State of West Virginia, or
				other jurisdiction.
3.2. Disposal
				by Dealers. -- No lead acid battery dealer shall dispose of a spent lead acid
				battery except by delivery to a secondary lead smelter permitted by the USEPA,
				or to the agent of a battery manufacturer or wholesaler for delivery to a
				secondary lead smelter permitted by the USEPA, or to a collection or recycling
				facility authorized under the laws of the State of West Virginia or laws of the
				state where the collection or recycling facility is located.
3.3. Collection for Recycling and Public
				Notice Requirements. -- Any person selling or offering lead acid batteries for
				sale at retail or wholesale shall:
3.3.a.
				Accept, at the point of transfer, spent lead acid batteries from customers when
				purchases new batteries. It is not necessary to exchange a battery in order to
				purchase a new one.
3.3.b. Post
				written notices on at least 8 1/2 inch by 11 inch poster clearly visible to all
				customers and containing the universal recycling symbol and the following
				language:
3.3.a.1. AIt is unlawful to dispose
				of a lead acid battery in a W. Va. landfill.
3.3.a.2. Please RECYCLE your used
				batteries.
3.3.a.3. State rules
				require us to accept used or spent lead acid batteries for recycling in
				exchange for new batteries purchased from the dealer. Note: It is not necessary
				to exchange a used battery in order to purchase a new one.@
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 33-05 - Waste Tire Management Rule › Section 33-5-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Purpose and
				Applicability.
1.1.a. Purpose. This rule is
				intended to meet the requirements of W. Va. Code ''20-11-8 and 22-15-21, as
				amended, to properly manage waste tires, including collection, accumulation,
				storage, disposal, processing, monofilling, reusing, transporting, recycling,
				permitting and recordkeeping.
1.1.b. Applicability. This rule applies to
				and establishes requirements for any person or persons who manage waste tires
				by whatever means in the State of West Virginia, as of the effective date of
				this rule.
1.1.c. Reference to
				Other State Agency Requirements.
1.1.c.1.
				Persons who manage waste tires may also be regulated under W. Va. Code, ''17-23
				or 24, 20-11, 24-2, and rules promulgated thereunder.
1.1.c.2. In the event of conflict between
				this rule and other state agencies= rules, the more stringent rule
				prevails.
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 33-06 - Solid Waste Assessment Fee Exemptions › Section 33-6-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope.
This rule establishes procedures to be followed in obtaining
				  solid waste assessment fee exemptions provided under W. Va. Code '22-15-11(e).
1.2. Authority. -- W. Va. Code
				'22-15-5.
1.3. Filing Date. -- February 24,
				1999.
1.4. Effective Date. -- April
				1, 1999.
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 33-06 - Solid Waste Assessment Fee Exemptions › Section 33-6-2 - Solid Waste Assessment Fee Exemptions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Exemptions for Certain Facility Owners,
				Operators, and Lessees. -- A person who owns, operates, or leases an approved
				solid waste disposal facility is exempt from the payment of solid waste
				assessment fees, upon the receipt of a Certificate of Exemption from the
				director, if that facility is used exclusively to dispose of waste originally
				produced by such person in his or her regular business or personal activities
				or by persons utilizing the facility on a cost-sharing or nonprofit basis.
2.1.a. In order to obtain a Certificate of
				Exemption under subsection 2.1 of this rule, a person must submit the following
				information to the Division of Environmental Protection on the form provided in
				Appendix A of this rule:
2.1.a.1. The name,
				address, and telephone number of the person applying for the
				exemption;
2.1.a.2. A notation of
				the status of the person applying for the exemption as either the owner,
				operator, or lessee of the approved solid waste disposal facility;
2.1.a.3. The location and permit number of
				the facility;
2.1.a.4. A
				description of the origins, types, and estimated amounts of all wastes disposed
				of at the facility;
2.1.a.5. A
				brief description of each business or activity that produces the wastes
				disposed of at the facility;
2.1.a.6. The name, address, and telephone
				number of each person utilizing the facility on a cost-sharing or nonprofit
				basis; and
2.1.a.7. A summary of
				the legal documents that describe the relationship between the owner, operator,
				or lessee of the approved facility and the other person or persons disposing of
				solid waste at the facility. Copies of the actual documents may be requested 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 33-06 - Solid Waste Assessment Fee Exemptions › Section 33-6-3 - Certificates of Exemption

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
				Exemption Determination. -- After reviewing the information submitted by a
				person seeking an exemption under subsection 2.1 or 2.2 of this rule, Division
				of Environmental Protection personnel will recommend to the director that:
3.1.a. A Certificate of Exemption be
				granted;
3.1.b. A Certificate of
				Exemption be denied; or
3.1.c. A
				letter requesting additional information be sent to the person seeking the
				exemption.
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 33-07 - Proof Of Proper Solid Waste Waste Disposal › Section 33-7-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope and
				Purpose. -- This rule provides guidance to persons occupying a residence or
				operating a business establishment in this state regarding the approved method
				of providing proof of proper solid waste disposal to the Division of
				Environmental Protection.
1.2.
				Authority. -- W. Va. Code '22C-4-10.
1.3. Filing Date. -- February 24,
				1999.
1.4. Effective Date. -- April
				1, 1999.
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 33-07 - Proof Of Proper Solid Waste Waste Disposal › Section 33-7-2 - Proof of Proper Solid Waste Disposal

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Applicability. -- Each person occupying
				a residence or operating a business establishment in this state must be able to
				provide proof to the Division of Environmental Protection that his solid waste
				was disposed of at an approved solid waste facility.
2.2. Forms of Proof. -- Proof of proper solid
				waste disposal includes:
2.2.a. Records
				demonstrating that a person has subscribed to and used a solid waste collection
				service and has paid the fees established therefor; or
2.2.b. Records, including bills of receipt,
				demonstrating that a person has delivered his or her waste to an approved solid
				waste facility for disposal.
Note: The term "solid waste collection service" means a
				  collection service offered either by a common carrier certificated by the West
				  Virginia Public Service Commission (or similar body of a contiguous state) or
				  by a municipality or other governmental body.
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 33-08 - Standards For Beneficial Use Of Materials Similar To Sewage Sludge › Section 33-8-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				This legislative rule establishes a mechanism and requirements for the
				permitting, siting, bonding, and use of sludge or other material that has
				beneficial properties similar to sewage sludge. This rule applies to any person
				who seeks approval from the Secretary to beneficially reuse sludge or other
				non-hazardous material within the state. This rule does not apply to sewage
				sludge, products derived from sewage sludge, or materials regulated as
				hazardous waste under W. Va. Code §§
									22-18-1,
				et seq.
1.2. Authority. -- W. Va.
				Code §
									22-15-22(b).
1.3. Filing Date. -- March 21, 2003.
1.4. Effective Date. -- March 21,
				2003.
1.5. Incorporation by
				Reference. -- Whenever federal or state statutes or regulations or rules are
				incorporated into this rule by reference, the reference is to the statute or
				regulation or rule in effect on the effective date 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 33-08 - Standards For Beneficial Use Of Materials Similar To Sewage Sludge › Section 33-8-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
The following definitions apply to this rule unless otherwise
				  specified herein:
2.1. "Agricultural
				land" means land on which a food crop, feed crop, or fiber crop is grown. This
				includes, but is not limited to, range land and land used as pasture.
2.2. "Agronomic rate" means the application
				rate, by dry weight, designed:
(1) To provide
				the amount of nutrients needed by the food crop, feed crop, fiber crop, cover
				crop or vegetation on the land; and
(2) To minimize the amount of nutrients in
				the sludge or other material that passes below the root zone of the crop or
				vegetation grown on the land to the ground water.
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 33-08 - Standards For Beneficial Use Of Materials Similar To Sewage Sludge › Section 33-8-3 - Standards for Beneficial Use of Sludge or Other Approved Materials

Current through Register Vol. XLI, No. 28, July 12, 2024
Beneficial Use Determination. -- Materials determined by the
				  Secretary to have beneficial characteristics similar to sewage sludge may be
				  beneficially used in a manner approved by the Secretary in accordance with this
				  rule.
3.1.a. Any beneficial use
				determination made by the Secretary shall be based, at a minimum, on analysis
				of the material and other information demonstrating its beneficial use
				characteristics, an evaluation of the sources contributing to the waste stream
				from which the material originates, an evaluation of the pollutant levels
				contained in the material, and an evaluation of the potential impact to human
				health and the environment from the proposed method of use.
3.1.a.1. Beneficial characteristics that may
				be considered under this rule must include nutrient content.
3.1.a.2. The concentration of any heavy metal
				in the sludge or other material shall not exceed the values listed in Table 1
				of this rule.
3.1.a.3. Background
				concentrations at land application sites, residential soil concentrations in
				60CSR3, and any other applicable information may be used by the Secretary as a
				guide to establish limits for pollutant loading rates when maximum soil
				concentrations are not established in Table 2 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 33-08 - Standards For Beneficial Use Of Materials Similar To Sewage Sludge › Section 33-8-4 - Permits Required

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
				Applicability.
4.1.a. No person may land apply
				sludge or other material subject to this rule without first obtaining a land
				application permit.
4.1.a.1. For those
				facilities holding a WV/NPDES Permit required under W. Va. Code
				22-11-1 et
				seq., the land application permit requirements may be incorporated into a
				modification of that facility's WV/NPDES permit.
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 33-08 - Standards For Beneficial Use Of Materials Similar To Sewage Sludge › Section 33-8-5 - Permit Application Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Permit Application Forms. -- Persons
				required to obtain a permit pursuant to this rule must provide the following
				information, in the form and manner prescribed by the Secretary. The form may
				require information in addition to that required by this subsection.
5.2. Permit Application Requirements. -- All
				applicants must provide the following information:
5.2.a. The name, address, and location of the
				facility generating the sludge or other material;
5.2.b. A description of the activities
				conducted or to be conducted by the applicant;
5.2.c. The operator's and owner's name,
				address, telephone number, ownership status, and status as a federal, state,
				private, public or other entity;
5.2.d. Other environmental permits issued by
				any local, state or federal agency previously held or currently in
				effect;
5.2.e. A description of the
				specific source(s) of sludge or other material;
5.2.f. A description of the process used to
				generate the sludge or other material including, but not limited to, raw
				materials used, contributing waste streams, and other by-products
				produced;
5.2.g. The amount of
				sludge or other material generated, processed, or proposed for beneficial
				use;
5.2.h. A description of the
				beneficial characteristics of the sludge or other material;
5.2.i. A description of the current method of
				disposal or use for the sludge or other material;
5.2.j. A physical description of the sludge
				or other material, including moisture content expressed as the percent solids,
				odor, particle size, and appearance;
5.2.k. The content of heavy metals,
				pathogens, and other pollutants present in the sludge or other
				material;
5.2.l. A hazardous waste
				determination, including a toxicity characteristic leaching procedure analysis:
				Provided, That a toxicity characteristic leaching procedure analysis need not
				be performed if a total analysis of the material demonstrates that individual
				analytes are not present in the waste or that they are present at such low
				concentrations that the appropriate regulatory levels could not be
				exceeded;
5.2.m. A description of
				the method used to collect or control leachate and surface water runoff from
				any storage areas;
5.2.n. A
				description of existing and potential land-use of the area within one mile of
				the facility; and
5.2.o. A
				certified copy of any municipal or county zoning restrictions, if
				applicable.
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 33-08 - Standards For Beneficial Use Of Materials Similar To Sewage Sludge › Section 33-8-6 - Draft Permits and Public Comment

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Administration.
6.1.a. Once an application is complete, the
				Secretary shall decide whether to prepare a draft permit or to deny the
				application.
6.1.b. If the
				Secretary decides to issue a draft permit, it must contain the information
				required under section 8 of this rule.
6.1.c. All draft permits shall be provided to
				permittees and shall be publicly noticed and available for public comment in
				accordance with subsection 6.2.