West Virginia Code of State Rules › Agency 47 - Water Resources, Division Of Water And Waste Management › Title 47 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESOURCES › Series 47-40B - Hazardous Waste Emergency Response Fund Regulations Interpretive Rules Concerning Fee Assessment › Section 47-40B-4 - Hazardous Wastes Not Subject To Fee Assessment

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Provision Interpreted: West Virginia
				code § 20-5G-4(a).
The HWERF establishes a fee schedule designed to encourage
				  environmentally sound treatment and disposal practices. Accordingly, the Act
				  establishes a graduated fee assessment whereby the generator pays less per ton
				  of generated hazardous waste if the selected treatment or disposal practice
				  conforms to the Act's preferred practices. These practices and their associated
				  fee levels are as follows: Full assessment for generated hazardous waste
				  treated or disposed off-site; ninety percent (90%) of the full assessment for
				  generated hazardous waste treated or disposed on-site; seventy-five percent
				  (75%) of the full assessment for generated hazardous waste treated off-site so
				  that such waste is rendered nonhazardous; and twenty-five percent (25%) of the
				  full assessment for generated hazardous waste treated on-site so that such
				  waste is rendered nonhazardous.
In addition to graduated fee assessments, the HWERF exempts
				  from fee assessment certain types of hazardous waste or hazardous waste which
				  is handled in a specific manner. The exclusions are a part of the Act's goal to
				  not only provide the State with funds for emergency response but to also
				  provide an incentive to the generator to utilize the most environmentally sound
				  handling practice. Accordingly, the Act enumerates categories of hazardous
				  waste which are excluded from fee assessment.
The first group includes those wastes listed in West Virginia
				  Code § 20-5E-6(a)(2)(A) and enumerated in Sections 4.1.1 through 4.1.4 of
				  these regulations. These wastes are currently excluded from regulations as
				  hazardous waste under the HWMA until the completion of studies by the United
				  States Environmental Protection Agency that are required by the federal Solid
				  Waste Disposal Act. The second group encompasses either hazardous waste which
				  is not regulated as a hazardous waste under the HWMA or hazardous waste which
				  is handled In a manner which the HWERF is designed to encourage. These are
				  enumerated in Sections 4.1.5 through 4.1.9 of these regulations.
For the purpose of determining and reporting the amount of
				  hazardous waste generated under the Hazardous Waste Emergency Response Fund,
				  the following wastes shall not he included:
4.1.1. Fly ash waste, bottom ash waste, slag
				waste, and flue gas emission control waste generated primarily from the
				combustion of coal or other fossil fuels.
4.1.2. Solid waste from the extraction,
				beneficiation, and processing of ores and minerals, including phosphate rock
				and overburden from the mining of uranium ore.
4.1.3. Cement kiln dust waste.
4.1.4. Drilling fluids, produced waters, and
				other wastes associated with the exploration, development, or production of
				crude oil, natural gas, or geothermal energy.
4.1.5. Sludge from any publicly owned
				treatment works in the State.
4.1.6. Any discharge to waters of the State
				of hazardous waste pursuant to a valid water pollution control permit issued
				under federal or State law. (Note: This exclusion applies only when the point
				of generation is the actual point of discharge specified for such valid
				permit.)
4.1.7. Any hazardous
				wastes which are beneficially used or reused or legitimately recycled or
				reclaimed.
4.1.8. Hazardous wastes
				which are created or retrieved pursuant to an emergency or remedial
				action.
4.1.9. Hazardous wastes
				which are hazardous wastes based solely on the characteristic of corrosivity
				and which are subjected to on-site elementary neutralization in containers or
				tanks.