reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 56 - Miners' Health, Safety And Training › Title 56 - LEGISLATIVE RULE OFFICE OF MINERS' HEALTH, SAFETY AND TRAINING › Series 56-23 - Rules for Operating Diesel Equipment in Underground Mines in West Virginia › Section 56-23-20 - Emissions Monitoring and Control

Current through Register Vol. XLI, No. 28, July 12, 2024
20.1. Emissions for diesel-powered equipment
				shall be monitored and controlled as provided in this section.
20.2. When any diesel-powered machine first
				enters service at a mine, baseline emission values shall be determined by a
				qualified mechanic. Unless the director approves an alternate procedure, the
				qualified mechanic shall:
20.2.1. Verify that
				the seal on the engine fuel injector pump is in place and that the proper fuel
				pump is on the equipment.
20.2.2.
				Install a new clean intake air cleaner, measure and record the intake
				restriction pressure.
20.2.3. Check
				the level of engine oil.
20.2.4.
				Change the engine lubrication oil if not fresh.
20.2.5. Check the level of the transmission
				fluid.
20.2.6. Flush the exhaust
				system, if needed. Measure and record the exhaust back pressure. If exhaust gas
				backpressure is above that recommended by the manufacturer, then steps must be
				taken to bring the exhaust gas back pressure within the manufacturer's
				recommended limit prior to beginning the test described in this
				section.
20.2.7. Test the
				brakes.
20.2.8. Place the equipment
				into an intake entry.
20.2.9. Set
				the brakes and chock the wheels.
20.2.10. Start the engine and allow it to
				warm up to operating temperature.
20.2.11. For mobile equipment, shift into the
				highest gear and put the engine at full throttle, or for stationary equipment,
				induce a load and put the engine at full throttle.
20.2.12. Start the CO sampler and measure and
				record CO levels every thirty seconds for ninety seconds.
20.2.13. Comply with recordkeeping
				requirements pursuant to section 17 of this rule.
20.2.14. An alternative to the testing
				provided in the aforementioned subsections may be developed by the director.
Note: CO baseline emissions must be representative of MSHA's
				  approval data.
West Virginia Code of State Rules › Agency 56 - Miners' Health, Safety And Training › Title 56 - LEGISLATIVE RULE OFFICE OF MINERS' HEALTH, SAFETY AND TRAINING › Series 56-23 - Rules for Operating Diesel Equipment in Underground Mines in West Virginia › Section 56-23-21 - Diagnostic Testing

Current through Register Vol. XLI, No. 28, July 12, 2024
21.1. At
				intervals not exceeding once every two hundred (200) hours of engine operation,
				a qualified mechanic shall perform equipment maintenance diagnostic testing of
				each piece of diesel-powered equipment in the mine. The qualified mechanic
				shall:
21.1.1. Verify the identification
				numbers on the equipment;
21.1.2.
				Check the level of the engine lubricating oil;
21.1.3. Check the level of the transmission
				fluid;
21.1.4. Set the brakes and
				chock the wheels;
21.1.5. Install
				the portable CO sampling device into the untreated exhaust port
				coupling;
21.1.6. Start the engine
				and allow it to warm up to operating temperature;
21.1.7. Check the intake restriction and the
				exhaust back pressure at high idle speed;
21.1.8. If the intake restriction is more
				than the manufacturer's maximum recommended intake restriction, replace the
				intake filter with a clean one;
21.1.9. If exhaust gas backpressure is above
				that recommended by the manufacturer, then steps must be taken to bring the
				exhaust gas back pressure within the manufacturer's recommended limit prior to
				beginning the test described in this section;
21.1.10. For mobile equipment, shift into the
				highest gear and put the engine at full throttle, or for stationary equipment,
				induce a load and put the engine at full throttle.
21.1.11. Start the CO sampler and record CO
				levels every thirty (30) seconds for ninety (90) seconds;
21.1.12. Install the portable CO sampling
				device into the treated exhaust port coupling and repeat steps 21.1.l and
				21.1.k;
21.1.13. If the average CO
				reading for treated exhaust gas is greater than 100 ppm, the equipment has
				failed and must be serviced and retested before it is returned to regular
				service; and
21.1.14. Comply with
				recordkeeping requirements pursuant to section 17 of this rule.
21.1.15. An alternative to the testing
				provided in subsections 21.1.1 thru 21.1.15. may be developed and/or approved
				by the director.
West Virginia Code of State Rules › Agency 56 - Miners' Health, Safety And Training › Title 56 - LEGISLATIVE RULE OFFICE OF MINERS' HEALTH, SAFETY AND TRAINING › Series 56-23 - Rules for Operating Diesel Equipment in Underground Mines in West Virginia › Section 56-23-23 - Equipment-Specific Training

Current through Register Vol. XLI, No. 28, July 12, 2024
23.1.
				Equipment-specific hands-on orientation training shall be given in an area of
				the mine where the equipment will be operated. This orientation shall be
				specific to the type and make of the diesel machine and shall be presented in
				small groups. The following subjects shall be included in the training:
23.1.1. Equipment layout, which shall include
				familiarization with the layout of the equipment, the operator's compartments
				and the controls.
23.1.2.
				Pre-operation inspection, which shall include familiarization with the
				pre-operation inspection procedure and review of specific details of the
				inspection and location of the components to be inspected.
23.1.3. Equipment limitations, which shall
				include instruction relating to equipment performance, speeds, capacities and
				blind areas.
23.1.4. Operating
				areas, which shall include instruction relating to areas in which the equipment
				may be operated.
23.1.5. Operation,
				which shall include familiarization with the controls, gauges and warning
				devices and safe operating limits of all indicating gauges.
23.1.6. Refueling procedure, which shall
				include familiarization with fuel handling, permissible refueling areas, spill
				prevention, cleanup and potential hazards from diesel fuel.
23.1.7. Emergency devices, which shall
				include instruction relating to the location and use of the fire extinguisher
				and fire suppression devices.
23.1.8. Driving practice, which shall include
				supervised operation of the equipment.
West Virginia Code of State Rules › Agency 56 - Miners' Health, Safety And Training › Title 56 - LEGISLATIVE RULE OFFICE OF MINERS' HEALTH, SAFETY AND TRAINING › Series 56-23 - Rules for Operating Diesel Equipment in Underground Mines in West Virginia › Section 56-23-25 - Operation of Diesel-Powered Equipment

Current through Register Vol. XLI, No. 28, July 12, 2024
25.1. In addition to other requirements of
				this rule, diesel-powered equipment shall be operated pursuant to the standards
				set forth in this rule.
25.2. All
				diesel-powered equipment shall be attended while in operation with the engine
				running in underground mines.
25.3.
				Unnecessary idling of diesel-powered equipment shall be prohibited.
25.4. All roadways where diesel-powered
				equipment is operated shall be maintained as free as practicable from bottom
				irregularities, debris and wet or muddy conditions that will affect control of
				the equipment.
25.5. Operating
				speeds shall be consistent with conditions of roadways, grades, clearances,
				visibility and traffic and type of equipment used.
25.6. Equipment operators shall have full
				control of the mobile equipment while it is in motion.
25.7. Traffic rules, including speed, signals
				and warning signs, shall be standardized at each mine and posted.
25.8. All diesel-powered equipment shall be
				maintained in a safe and healthful operating condition. Equipment in an unsafe
				or unhealthful condition or not maintained in accordance with the engine or
				emissions control operating specifications shall be removed from service
				immediately and shall not be returned to service until all necessary corrective
				actions have been taken.
West Virginia Code of State Rules › Agency 56 - Miners' Health, Safety And Training › Title 56 - LEGISLATIVE RULE OFFICE OF MINERS' HEALTH, SAFETY AND TRAINING › Series 56-23 - Rules for Operating Diesel Equipment in Underground Mines in West Virginia › Section 56-23-26 - Diesel Inspectors; Employment; Training

Current through Register Vol. XLI, No. 28, July 12, 2024
26.1. The office of miners' health, safety
				and training shall assign a diesel inspector in each region of the state's four
				regional offices.
26.2. The diesel
				inspector may be assigned other duties as prescribed by the director.
26.3. The office of miners' health, safety
				and training shall provide the diesel inspectors with specific training on this
				rule; also they shall train and equip the diesel inspectors with the proper
				equipment so that the inspectors may effectively test for diesel emissions and
				properly enforce this rule as prescribed by the director.
26.4. The diesel inspectors shall be trained
				in accordance with criteria as established and approved by the
				director.
26.5. After the
				implementation of this rule, the office of miners' health, safety and training
				shall employ additional diesel inspectors as needed.
West Virginia Code of State Rules › Agency 56 - Miners' Health, Safety And Training › Title 56 - LEGISLATIVE RULE OFFICE OF MINERS' HEALTH, SAFETY AND TRAINING › Series 56-23 - Rules for Operating Diesel Equipment in Underground Mines in West Virginia › Section 56-23-27 - Diesel Inspector - Training Course

Current through Register Vol. XLI, No. 28, July 12, 2024
27.1. Training for diesel inspectors shall
				include, but is not limited to, the following:
27.1.1. Engine Fundamentals B Components and
				Operation of a Diesel Engine.
27.1.2. Fuel Standards B Fuel Requirements
				and Effect of Various Fuels on DPM Emissions.
27.1.3. Diesel Regulations B State and
				Federal.
27.1.4. DPM B Health
				Effects.
27.1.5. Factors that
				increase/decrease DPM emissions.
27.1.6. Emission Control Techniques B
				Operation, Maintenance and Testing.
27.1.7. Diagnostics B Instruments, Testing
				and Evaluation.
27.1.8. Inspection
				Techniques B Enforcement.
27.1.9.
				Ventilation.
27.1.10. Fire
				Suppression Systems B Operation, Testing and Maintenance.
27.1.11. Emergency Procedures B Firefighting,
				Spills/Containment.
27.1.12. Fuel
				Handling/Storage.
27.1.13.
				Manufacturer Training.
27.1.14.
				Training Requirements B Plans, Record Keeping.
West Virginia Code of State Rules › Agency 56 - Miners' Health, Safety And Training › Title 56 - LEGISLATIVE RULE OFFICE OF MINERS' HEALTH, SAFETY AND TRAINING › Series 56-23 - Rules for Operating Diesel Equipment in Underground Mines in West Virginia › Section 56-23-28 - Operation of Underground Diesel Powered Electric Generators

Current through Register Vol. XLI, No. 28, July 12, 2024
28.1. While being operated, the diesel
				generator shall be vented directly to the return air course.
28.2. At least one person shall be present
				within sight and sound while the generator is in operation (engine running) and
				he/she shall have a multi-gas detector capable of detecting nitric oxide (NO),
				nitrogen dioxide (NO2) and carbon monoxide
				(CO).
28.3. All current state rules
				and statutes relating to the use of diesel-powered equipment and electricity
				remain in force.
28.4. Prior to the
				initial operation of the diesel generator underground, the operator shall give
				the director or his/her authorized representative ten (10) days' written
				notice. In case of an emergency, the operator shall notify the director or
				his/her authorized representative as soon as possible prior to its initial
				use.
West Virginia Code of State Rules › Agency 56 - Miners' Health, Safety And Training › Title 56 - LEGISLATIVE RULE OFFICE OF MINERS' HEALTH, SAFETY AND TRAINING › Series 56-23 - Rules for Operating Diesel Equipment in Underground Mines in West Virginia › Section 56-23-29 - Electrical Provisions for Diesel-Powered Electrical Generators

Current through Register Vol. XLI, No. 28, July 12, 2024
29.1. Electrical
				provisions for diesel-powered electrical generators used as an alternative to
				power centers for moving equipment in, out, and around the mine and to perform
				work in areas where permissible equipment is not required, must comply with the
				following:
29.1.1. A grounding resistor rated
				for the phase-to-phase voltage of the system must be provided to limit the
				ground-fault current to not more than 0.5 amperes.
29.1.1.a. The grounding resistor(s) must be
				located:
29.1.1.a.1. Between the wye-connected
				generator neutral and the generator frame or
29.1.1.a.2. Between the wye-connected
				generator neutral and the generator frame and between the wye-connected
				transformer secondary and the transformer frame when an isolation
				transformer(s) is used and the generator is supplying power to the other
				equipment or
29.1.1.a.3. Between
				the wye-connected generator neutral and the generator frame when an
				auto-transformer is used.
West Virginia Code of State Rules › Agency 57 - Commercial Hazardous Waste Management Facility Siting Board › Title 57 - LEGISLATIVE RULE COMMERCIAL HAZARDOUS WASTE MANAGEMENT FACILITY SITING BOARD › Series 57-01 - Commercial Hazardous Waste Management Facility Siting Board Certification Requirements › Section 57-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This rule establishes the
				procedures for obtaining a Certificate of Site Approval prior to the
				construction of a commercial hazardous waste management facility. By no means
				does this rule permit the operation of a commercial hazardous waste management
				facility, it provides solely for the approval or rejection of the proposed
				location of a commercial hazardous waste management facility.
1.2. Authority. -- W. Va. Code
				'20-10-3(j).
1.3. Filing Date. --
				May 19, 1994.
1.4. Effective Date.
				-- May 19, 1994.
West Virginia Code of State Rules › Agency 57 - Commercial Hazardous Waste Management Facility Siting Board › Title 57 - LEGISLATIVE RULE COMMERCIAL HAZARDOUS WASTE MANAGEMENT FACILITY SITING BOARD › Series 57-01 - Commercial Hazardous Waste Management Facility Siting Board Certification Requirements › Section 57-1-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Board" means the Commercial Hazardous
				Waste Management Siting Board established pursuant to W. Va. Code
				'20-10-3.
2.2. "Commercial
				Hazardous Waste Management Facility" or "Commercial Facility" means any
				hazardous waste treatment, storage, or disposal facility, which accepts
				hazardous waste, as identified or listed by the Director of the Division of
				Environmental Protection under the "Hazardous Waste Management Regulations", 47
				C.S.R. 35, generated by sources other than the owner or operator of the
				facility and shall not include an approved hazardous waste facility owned and
				operated by a person for the sole purpose of disposing of hazardous waste
				created by that person or such person or other persons on a cost-sharing or
				nonprofit basis.
2.3.
				"Construction" as used in these regulations, means:
2.3.1. For new commercial facilities,
				pursuant to W. Va. Code '20-10-3(c), the significant alteration (as determined
				by the Board) of a site to install, or the installation of permanent equipment
				or structures;
2.3.2. For existing
				commercial facilities, an alteration or expansion that increases the capacity
				of the facility to accept fifty percent (50%) more hazardous waste, or any
				change in design or process that results in a substantially different type of
				facility (e.g., disposal facility being converted to a storage
				facility).
2.3.3. Construction does
				not include preliminary engineering or site surveys, environmental studies,
				site acquisition, or acquisition of options to purchase and other similar
				activities normally incident thereto.
West Virginia Code of State Rules › Agency 57 - Commercial Hazardous Waste Management Facility Siting Board › Title 57 - LEGISLATIVE RULE COMMERCIAL HAZARDOUS WASTE MANAGEMENT FACILITY SITING BOARD › Series 57-01 - Commercial Hazardous Waste Management Facility Siting Board Certification Requirements › Section 57-1-3 - Exclusions From the Commercial Hazardous Waste Management Facility Siting Board Regulations

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. A hazardous
				waste management facility, as defined in Section 2 of these regulations, is
				exempt from these regulations if:
3.1.1. It is
				owned and operated by a person solely for the treatment, storage, disposal, or
				recycling of hazardous waste generated by that person or that person and others
				on a cost- sharing, nonprofit basis;
3.1.2. The facility treats, stores, disposes,
				or recycles hazardous wastes used principally as fuels in an on-site production
				process; or
3.1.3. The facility is
				used exclusively for the pretreatment of wastes discharged directly to a
				publicly-owned sewage treatment works (POTW).
West Virginia Code of State Rules › Agency 57 - Commercial Hazardous Waste Management Facility Siting Board › Title 57 - LEGISLATIVE RULE COMMERCIAL HAZARDOUS WASTE MANAGEMENT FACILITY SITING BOARD › Series 57-01 - Commercial Hazardous Waste Management Facility Siting Board Certification Requirements › Section 57-1-5 - Determination of Completeness and Notification

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				Within thirty (30) calendar days after the Board's determination that the
				application is complete, the Board shall, at the expense of the applicant, do
				the following:
5.1.1. Publish in the State
				Register a notice of a public comment period and a public hearing and provide a
				copy of the application to the public library in the proposed host community
				(or the most proximate library) for public inspection;
5.1.1.a. The Board will hold the public
				hearing within sixty (60) calendar days of the Board's determination of the
				completeness of the application;
5.1.1.b. The public hearing shall be in the
				county in which the commercial facility is proposed to be located, and at a
				location convenient to a population center nearest to the proposed facility
				location;
5.1.1.c. An accurate
				record of the hearing, transcribed at the applicant's expense, shall be kept by
				the Board (i.e., cassette recording, stenographer);
5.1.1.d. The close of the hearing also ends
				the written comment period. No written comments received after the close of the
				hearing will be considered, except as provided under Section 5.1.1.e. of this
				rule;
5.1.1.e. The Board shall
				reopen the public comment period and schedule an additional public hearing if
				the Board finds it necessary for additional input on any unsettled issues
				concerning the application;
5.1.1.f. The Board will make transcripts of
				the hearing available through the Division of Environmental Protections Public
				Information Office at a reasonable cost; provide written notice to the Chief
				Executive Officer of each affected community in which the proposed commercial
				facility is to be located; and direct the applicant to publish a Class I-O
				legal advertisement in at least two (2) daily or weekly newspapers having
				circulation within the vicinity of the proposed commercial facility. The legal
				advertisement shall identify the proposed location; the type of facility and
				activities involved; the name of the owner and operator; the date, time and
				place that the Board will convene a public hearing regarding the application;
				an address to which written comments can be sent; and the name, address and
				telephone number of a person from whom interested parties may obtain further
				information, including copies of the application. A qualified daily or weekly
				newspaper meets the criteria of W. Va. Code '59-3-1(b).
West Virginia Code of State Rules › Agency 57 - Commercial Hazardous Waste Management Facility Siting Board › Title 57 - LEGISLATIVE RULE COMMERCIAL HAZARDOUS WASTE MANAGEMENT FACILITY SITING BOARD › Series 57-01 - Commercial Hazardous Waste Management Facility Siting Board Certification Requirements › Section 57-1-6 - Approval or Denial of Application

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Upon
				completion of the public hearing, the Board shall render a decision based upon
				the application and the record as set forth in Sections 4 and 5 of this rule,
				and the W. Va. Code '20-10-3(i).
6.2. Before a decision is made, the Board may
				seek consultation from the applicant or the Division of Environmental
				Protection if clarification is needed regarding the application and any
				comments received.
6.3. Within
				sixty (60) calendar days of the public hearing the Board shall:
6.3.1. Grant a Certificate of Site
				Approval;
6.3.2. Grant a
				Conditional Certificate of Site Approval; or
6.3.3. Deny a Certificate of Site
				Approval.
West Virginia Code of State Rules › Agency 57 - Commercial Hazardous Waste Management Facility Siting Board › Title 57 - LEGISLATIVE RULE COMMERCIAL HAZARDOUS WASTE MANAGEMENT FACILITY SITING BOARD › Series 57-01 - Commercial Hazardous Waste Management Facility Siting Board Certification Requirements › Section 57-1-7 - Effect of Certification

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The
				approval and conditions thereto of the Certificate of Site Approval supersede
				any local ordinance or regulation that is inconsistent or conflicts with the
				terms contained in the Certificate of Site Approval.
7.2. Nothing in this rule affects the
				authority of the host community to enforce its regulations and ordinances to
				the extent that they are not inconsistent with the terms and conditions of the
				approval certificate. There may be state or federal laws which pre-exempt or
				supercede, or otherwise preclude or restrict the enforcement of local
				regulations and ordinances.
7.3.
				Commercial facility site approval will not preclude or excuse the applicant
				from any required permits or approvals under any State or federal laws and
				regulations.
West Virginia Code of State Rules › Agency 57 - Commercial Hazardous Waste Management Facility Siting Board › Title 57 - LEGISLATIVE RULE COMMERCIAL HAZARDOUS WASTE MANAGEMENT FACILITY SITING BOARD › Series 57-01 - Commercial Hazardous Waste Management Facility Siting Board Certification Requirements › Appendix II

Current through Register Vol. XLI, No. 28, July 12, 2024
West Virginia
Commercial Hazardous Waste Management
Facility Siting Board
Pre-Siting Notice Outline
The Pre-Siting Notice shall contain, at a minimum, the following information in an outline format:
I. Name of owner(s) and description of prior hazardous waste management experience.
II. Name of operator(s) and description of prior hazardous waste management experience.
III. Type of facility (i.e. hazardous waste management processes to be employed).
IV. Volume, type and source of wastes to be managed.
V. A topographic map of the proposed facility and its environs. The contour interval of the map shall be sufficient to clearly show the patern of surface water flow. The map shall also include:
Map scale and date;
100 year floodplain;
Surface waters, including intermittent streams;
Surrounding land uses;
Locations of schools, hospitals, recreational facilities and other pulic institutions and places, major businesses or commercial activities;
Wind rose;
Orientation of map;
Municipal and county boundaries;
Injection and withdrawal wells.
VI. Synopsis of potential adverse impacts.
VII. Synopsis of potential beneficial impacts.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-01 - Rules For Open Governmental Proceedings › Section 58-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				Procedural rules relating to open governmental proceedings.
1.2. Authority. -- W. Va. Code ''20-1-7 and
				6-9A-3.
1.3. Filing Date. --
				October 9, 1996.
1.4. Effective
				Date. -- November 8, 1996.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-01 - Rules For Open Governmental Proceedings › Section 58-1-2 - Repeal of Former Regulations

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. This procedural rule repeals
				"Regulations for Open Governmental Meetings", '58 CSR 3A which was filed on
				July 30, 1987 and became effective on August 31, 1987 and "Regulations for Open
				Governmental Meetings", '182 CSR 2 which was filed on July 30, 1987 and became
				effective on August 31, 1987.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-01 - Rules For Open Governmental Proceedings › Section 58-1-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1."Governing
				Body" - means the members of any public body having the authority to make
				decisions for or recommendations to a public body on policy or administration,
				the membership of which governing body consists of two (2) or more
				members.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-01 - Rules For Open Governmental Proceedings › Section 58-1-4 - Governing Bodies Within the Division of Natural Resources

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Natural
				Resources Commission.
4.2.
				Whitewater Commission.
4.3. Public
				Land Corporation.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-01 - Rules For Open Governmental Proceedings › Section 58-1-5 - Notice of Meetings

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				Regular/Special Meetings. The aforementioned governing bodies of the Division
				of Natural Resources shall, within at least seven (7) days of each regularly
				scheduled or special meeting, cause to be published through the division news
				service a public notice which shall state the time, place, and purpose of such
				meeting. This public notice shall also be filed for publication with the
				Secretary of State in such a manner as to allow the notice to appear in the
				State Register at least five (5) days prior to the date of the
				meeting.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-01 - Rules For Open Governmental Proceedings › Section 58-1-6 - Public Attendance

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1.
				Limiting Attendance. The presiding officer of any regularly scheduled or
				special meeting shall, for safety reasons, have the authority to limit the
				number of public attendants at such meeting.
6.2. Public Notice. If there is a reason to
				believe that there may be more public attendants at a regularly scheduled or
				special meeting than there is room available, the governing body shall include
				a statement in its public notice advising members of the public who wish to
				attend the meeting that attendance will be limited to the number specified in
				the notice.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-02 - Rules Controlling the Public Land Corporations Sale, Lease, Exchange or Transfer of Land or Minerals (Repealed) › Section 58-2-1 - General (Repealed)

Current through Register Vol. XLI, No. 28, July 12, 2024
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-02 - Rules Controlling the Public Land Corporations Sale, Lease, Exchange or Transfer of Land or Minerals (Repealed) › Section 58-2-2 - Definitions (Repealed)

Current through Register Vol. XLI, No. 28, July 12, 2024
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-02 - Rules Controlling the Public Land Corporations Sale, Lease, Exchange or Transfer of Land or Minerals (Repealed) › Section 58-2-4 - Bidding Procedures for Land Sales (Repealed)

Current through Register Vol. XLI, No. 28, July 12, 2024
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-02 - Rules Controlling the Public Land Corporations Sale, Lease, Exchange or Transfer of Land or Minerals (Repealed) › Section 58-2-5 - Competitive Bidding and Notice Procedures for the Lease of Minerals (Repealed)

Current through Register Vol. XLI, No. 28, July 12, 2024
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-05 - Recycling Assistance Grant Program › Section 58-5-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope and
				Purpose. - This rule sets out guidelines and procedures for providing
				assistance grants to counties, municipalities, and others planning and
				implementing recycling programs, related public education programs, and
				recycling market procurement efforts.
1.2. Authority. -- W. Va. Code '20-11-5a(h)(1).
1.3. Filing Date. -- April 14,
				2000.
1.4. Effective Date. -- May
				1, 2000.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-05 - Recycling Assistance Grant Program › Section 58-5-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Director"
				means the director of the Division of Natural Resources, or his or her,
				authorized representative.
2.2.
				"Instrumentality" means an agency authorized by state law.
2.3. "Municipality" means an incorporated
				community.
2.4. "Other Interested
				Party" means private enterprise and nonprofit organizations.
2.5. "Recycling Market Procurement" means
				developing markets for the materials generated by recycling programs.
2.6. "Recyclable Materials" includes, but is
				not limited to steel and bimetal cans, aluminum, glass, paper, plastic, tires,
				white goods and yard waste.
2.7.
				"Source Separated" means materials separated from general solid waste at the
				point of origin for the purpose of reuse and recycling but does not include
				sewage sludge.
2.8. "White Goods"
				means bulky appliances such as stoves, hot water heaters, sinks, washers,
				dryers, refrigerators, and dishwashers.
2.9. ''Division" means the West Virginia
				Division of Natural Resources.
2.10. The terms as defined in the Solid Waste
				Management Rule, 47 C.S.R. 38, are adopted for use, where applicable, in this
				rule.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-05 - Recycling Assistance Grant Program › Section 58-5-3 - Grants Available From Recycling Assistance Grant Program

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The recycling
				assistance grant program provides grants to assist municipalities, counties and
				others in:
3.1.1. implementation of recycling
				programs;
3.1.2. public education
				programs which promote recycling; and
3.1.3. recycling market procurement
				efforts.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-05 - Recycling Assistance Grant Program › Section 58-5-4 - Grant Program Priority and Other Criteria

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. All West Virginia municipalities, county
				commissions, county and regional solid waste authorities, instrumentalities,
				proprietorships, partnerships, corporations and private schools, are eligible
				to apply for recycling assistance grants as provided for in subdivisions 3.3.1.
				through 3.3.4. of this rule, through notification of the county or regional
				solid waste authority in which the applicant is located. The recycling
				assistance fund grant review committee shall give priority to those
				municipalities, counties, state instrumentalities, private schools,
				proprietorships, partnerships, corporations, and cooperatives, required to
				implement recycling programs as a result of a county referendum or pursuant to
				the provisions of W. Va. Code ''20-11-5 and 20-11-6. If a county has adopted a
				recycling ordinance by referendum vote, the ordinance shall be consistent with
				the provisions of W. Va. Code '20-11-5c for the applicant to receive priority
				for a grant. If the county has one or more municipalities each with a
				population greater than 10,000, the municipality's program shall, at a minimum,
				be consistent and coordinated with the county's recycling program. Grant
				proposals shall meet the following criteria:
4.1.1. Municipalities with populations over
				10,000; county governments; cooperatives; and other interested parties:
4.1.1.a. Proposals for grants under
				subdivision 3.3.1. of this rule shall have work elements that are at a minimum
				consistent with the provisions of subsections (a) and (b) of W. Va. Code
				'20-11-5; and
4.1.1.b. Proposals for grants under
				subdivision 3.3.3. of this rule shall document that the plan to be implemented
				has been approved by the solid waste management board. Grant proposals shall
				include, but not be limited to the following:
4.1.1.b.A. source separation of at least
				three recyclable materials;
4.1.1.b.B. collection and transportation of
				materials to a processing center; and
4.1.1.b.C. public education programs which
				promote recycling.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-05 - Recycling Assistance Grant Program › Section 58-5-5 - Use of a Grant

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. A
				Recycling assistance grant shall be used for:
5.1.1. Personnel - A grant is limited to the
				salary costs associated with a recycling manager, coordinator, or laborers. No
				more than a total of $20,000 may be used from grant funds for the combined
				wages and/or benefits of a recycling manager, coordinator, and/or
				laborers;
5.1.2. Travel -
				Educational recycling conference expenses are limited to: airfare or mileage,
				meals, lodging, parking and registration fees. No more than a total of $1,500
				may be used from grant funds for travel;
5.1.3. Supplies - A grant is allowed for
				general office supplies, and other supplies, such as collection bags or
				household bins used for the collection/storage of recyclables;
5.1.4. Equipment - A grant is limited to
				processing equipment, material handling or storage equipment, scales, and
				safety equipment used in recycling activities. The equipment is to remain in
				the grantee's name and may be leased, but not transferred to a third party. The
				Division of Natural Resources shall by grant agreement acquire a lien interest
				in property and equipment purchased with grant monies. This lien shall state
				the terms of release and the period of years in which the lien attaches, in
				accordance with subdivision 6.1.11. of this rule. All equipment becomes
				property of the Division of Natural Resources if the recycling program
				dissolves. At the discretion of the Director, equipment which has not been
				productively used for 180 days shall become property of the Division of Natural
				Resources;
5.1.5. Recycling Vehicle
				Expense - A grant is limited to the lease/purchase, maintenance, fuel, mileage
				and insurance for a truck or van used in approved recycling activities.
				Transporting materials to market using the program's vehicle and labor is an
				approved recycling activity;
5.1.6.
				Printing - A grant is limited to costs associated with educational materials on
				recycling such as pamphlets, posters, flyers, etc;
5.1.7. Advertising - A grant is limited to
				costs associated with the production and/or placement of recycling advertising
				in newspaper, radio, business cards, and other advertising related to
				development and implementation of a recycling program;
5.1.8. Promotional Items - A grant is limited
				to costs associated with promotional items such as awards, decals, patches,
				buttons, magnets, and costs associated with the rental of a fair booth and/or
				exhibit space for creating public awareness;
5.1.9. Professional Services - A grant is to
				assist in planning and implementation of recycling projects including
				feasibility studies; and
5.1.10.
				Development Work - A grant is directed towards recycling market
				procurement.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-05 - Recycling Assistance Grant Program › Section 58-5-7 - Schedule of Grants Available

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Schedule for one applicant:
Type of
							 Grant
Maximum Grant
Municipality over 10,000 population.
$100,000
Community/Municipality under 10,000.
$ 50,000
County or Regional Solid
Waste Authority.
$100,000
State agency/state instrumentality or school.
$ 50,000
Recycling Promotion,
Collection Drive and Office
Paper Recovery.
$ 50,000
Recycling Feasibility
Study/Planning.
$ 20,000
Recycling Market Development.
$ 20,000
Non-Profit /Other
Interested Party.
$50,000
7.2.
				Schedule for cooperatives - For a cooperative recycling between counties,
				municipalities, or private sector entities, the maximum amount of funding for a
				cooperative grant_shall not exceed $200,000, or the cumulative of the maximum
				amount allowable for each individual applicant as stated in subsection 7.1 of
				this section, whichever is smaller.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-05 - Recycling Assistance Grant Program › Section 58-5-8 - Criteria for Developing a Grant Proposal

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. The grant proposal should demonstrate
				the relationship to, and support of, the hierarchy established under W. Va.
				Code '22C-4, i.e., source reduction; recycling, reuse and resource recovery;
				and landfilling.
8.2. All
				applicants shall submit to the county or regional solid waste authority in
				which the proposed project is located, a copy of their application to be
				reviewed by the members of the solid waste authority to avoid duplication,
				ensure coordination of solid waste programs, and maximize the market for
				recyclables.
8.3. The proposal
				shall contain the following:
8.3.a. A policy
				statement and/or resolution or ordinance as required by the provisions of this
				rule;
8.3.b. An outline of the
				materials to be source separated and recycled. The list of recyclable material
				may be adjusted according to whether the generator is residential, commercial
				or another type of establishment;
8.3.c. A public information program to ensure
				receipt of good clean quality materials;
8.3.d. A description of a collection
				system;
8.3.e. Provisions where
				required to ensure compliance with W. Va. Code '20-11-1, including
				incentives and penalties;
8.3.f. A
				projection of the cost effectiveness and self-sufficiency of the proposed
				project;
8.3.g. Documentation of
				the type of in-kind services to be provided by the grantee;
8.3.h. Documentation of any other type of
				grant assistance received, including the dollar amount, type of project, etc.,
				for recycling and/or solid waste management; and
8.3.i. Economic development aspects of the
				project, i.e.: job creation.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-05 - Recycling Assistance Grant Program › Section 58-5-9 - Recycling Assistance Fund Grant Review Committee

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. All grant proposals will be reviewed by
				a recycling assistance grant review committee, composed of the following: a
				member of a county or regional solid waste authority, a representative of
				business or industry, and a representative from the solid waste industry, to be
				appointed by the Director; the Executive Director of the Solid Waste Management
				Board; the Director of the West Virginia Development Office; the Director of
				the Division of Environmental Protection; and the Director of the Division of
				Natural Resources or any other person to whom the agency Director has delegated
				his or her authority or duties. For the purpose of conducting business, four
				(4) members of the recycling assistance grant review committee are required for
				a quorum. The Director may only vote to break tie votes of the committee. The
				committee shall submit approved grants meeting the program's criteria to the
				Director of the Division of Natural Resources for final approval and
				awarding.
9.2. The division through
				the recycling assistance grant review committee reserves the right to reject
				any and all proposals. Applicants not selected for grants will be notified by
				the division within a reasonable time after award decisions have been made.
				Unsuccessful applicants may discuss their proposals with the appropriate
				staff.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-05 - Recycling Assistance Grant Program › Section 58-5-11 - Site Visits and Reports Required

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. Grantees shall submit a final report
				for approval on or before March 31 of the year following the grant award. The
				report shall include the following:
11.1.1.
				An evaluation of successes and failures encountered in implementing the
				original proposal's work tasks;
11.1.2. An evaluation of the operating costs
				and community support for the project;
11.1.3. An analysis of the economic
				development achievements, such as job creation;
11.1.4. An analysis of the project including:
				total volume (tons) of waste diverted from the solid waste stream, the
				estimated cost per ton to recycle that volume, the estimated revenue per ton of
				recycled material, and the estimated savings from recycling in lieu of land
				filling; and
11.1.5. A complete
				accounting of the grant expended for the entire year.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-05 - Recycling Assistance Grant Program › Section 58-5-12 - Equal Employment Opportunity

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. To implement the recycling assistance
				grant, the grantee shall agree:
12.1.1. That
				it will not discriminate against any employee or applicant for employment
				because of race, color, age, religion, sex, or national origin; and
12.1.2. That all solicitations or
				advertisements for employees placed by or on behalf of grantee shall state that
				all qualified applicants will receive consideration for employment without
				regard to race, color, age, religion, sex, or national origin.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-05 - Recycling Assistance Grant Program › Section 58-5-13 - Certification Regarding Drug-Free Workplace Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. The Drug-Free Workplace Act of 1988,
				Title V-D Public Law 100-690, Federal Register, Volume 54, No. 19, and W. Va.
				Code '60A-2-201
				requires that all state governments, federal contractors, and federal and state
				grant recipients maintain a drug-free workplace. The Act is implemented through
				additions to the Debarment and Suspension regulations, published in the Federal
				Register on January 31, 1989. The certification form shall be completed and
				accompany the grant application.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-05 - Recycling Assistance Grant Program › Section 58-5-14 - Submission of an Application

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1.
				The application for a recycling assistance grant shall contain in addition to a
				description of the proposed project, an applicant profile, an estimated budget
				with justification, certification regarding a drug-free workplace, an
				application checklist, a time line graph, attested financial documents, a
				letter of receipt of application from county solid waste authority, and
				equipment specifications. The division shall not consider incomplete
				applications and shall mark them "incomplete" and return them to the applicant.
				The applicant may complete the returned application and resubmit it before the
				grant submission deadline date.
14.2. The original and one copy of the
				application must be received by the division on or before 5:00 p.m. of the last
				business day in July. Applications shall be hand delivered or mailed to: West
				Virginia Division of Natural Resources, 1900 Kanawha Boulevard, East, Building
				3, Room 732, Charleston, West Virginia 25305-0665.
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-06 - Awarding of Matching Grants for Local Litter Control Programs (Repealed) › Section 58-6-1 - General (Repealed)

Current through Register Vol. XLI, No. 28, July 12, 2024
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-06 - Awarding of Matching Grants for Local Litter Control Programs (Repealed) › Section 58-6-2 - Definitions (Repealed)

Current through Register Vol. XLI, No. 28, July 12, 2024
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-06 - Awarding of Matching Grants for Local Litter Control Programs (Repealed) › Section 58-6-3 - Applicability (Repealed)

Current through Register Vol. XLI, No. 28, July 12, 2024
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-06 - Awarding of Matching Grants for Local Litter Control Programs (Repealed) › Section 58-6-4 - In-kind Services (Repealed)

Current through Register Vol. XLI, No. 28, July 12, 2024
West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-06 - Awarding of Matching Grants for Local Litter Control Programs (Repealed) › Section 58-6-5 - Authorized Uses Of Grant Funds (Repealed)

Current through Register Vol. XLI, No. 28, July 12, 2024