reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 157 - Highways › Title 157 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS › Series 157-05 - Traffic And Safety Rules › Section 157-5-6 - Special Permits

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1.
				General. Pursuant to authority vested in him or her by law, the Commissioner of
				Highways may, in his or her discretion, upon application in writing and good
				cause being shown therefore, issue a special permit authorizing the applicant
				to operate or move upon, along, over, or across the highways of this state, a
				vehicle or combination of vehicles of a size, weight, or load exceeding the
				maximums specified by law.
6.2.
				Basis for Granting or Denying Special Permits. In considering applications for
				special permits, primary consideration will be given to the protection and
				safety of the traveling public and the probable effects the issuance of the
				permits will have upon the state road system. The Commissioner of Highways will
				not grant permits for extra dimensional vehicles which will endanger other
				vehicles, or are likely to cause damage to bridges, municipal facilities,
				utility facilities, traffic signals, signs, or devices, or roadway structures
				of whatsoever kind or nature, or for overweight vehicles or loads which are
				likely to cause damage to any roads or roadway structures.
6.3. Officials Authorized to Issue Special
				Permits. Special Permits may be issued by the Commissioner of Highways, the
				Operations Division and other personnel as may be authorized by the
				Commissioner of Highways.
6.3.a. Permits
				Issued Solely by the Operations Division. Blanket permits, special permits for
				mobile homes, special permits for seagoing containerized cargo, timber permits,
				and permits for commodities manufactured for interstate commerce will be issued
				only by the Operations Division.
West Virginia Code of State Rules › Agency 157 - Highways › Title 157 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS › Series 157-05 - Traffic And Safety Rules › Section 157-5-7 - Other Safety Regulations

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1.
				Increase of Weight, Height, and Length Limitations Upon State Highways by
				Commissioner of Highways. Pursuant to the provisions of W. Va. Code
				§
									17C-17-11a and 11b, whenever in the opinion of the Commissioner of
				Highways, the design, construction and safety of any highway or portion thereof
				are such that the gross weight limitations prescribed by W. Va. Code
				§
									17C-17-4, can be increased without undue damage to the highway, or
				without undue risk of damage to the highway, or to bridges, municipal or
				utility facilities, traffic signs and signals, or roadway structures of other
				kind of nature, the Commissioner of Highways may, by order, increase the gross
				weight, height or length limits of vehicles which may be operated upon the
				highway or portion thereof and may establish the limitations which are
				applicable, subject, however, to the maximum limitations imposed by W. Va. Code
				§
									17C-17-11a and 11b.
7.1.a.
				Commissioner's Order for Increase of Weight, Height and Length Limitations.
				Whenever the Commissioner of Highways increases the limits under this
				subsection, he or she shall enter an order to that effect in the Commissioner's
				Order Book, as provided in Section 2, Rules Pertaining to Various Functions of
				the Commissioner of Highways, 157CSR1. The order shall set forth the reasons
				for his or her decision and shall designate and accurately describe the highway
				or portion thereof, to which the increase in weight, height or length limits is
				applicable.
West Virginia Code of State Rules › Agency 157 - Highways › Title 157 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS › Series 157-05 - Traffic And Safety Rules › Section 157-5-8 - Studded Tires

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. General.
				This rule, relating to the design, construction and use of studded tires, is
				promulgated by the Commissioner of Highways pursuant to the authority
				specifically delegated to him or her in the premises by the terms and
				provisions of W. Va. Code §
									17C-15-37.
8.2. Design and Construction Standards and
				Specifications. All studded tires sold in this State or offered for sale in
				this State shall comply with the following design and construction standards
				and specifications.
8.2.a. There shall be a
				minimum of one-eighth (1/8) inch of rubber between the base of the stud and the
				body of the tire;
8.2.b. the
				tungsten tip of the stud shall project no more than seven-sixty-fourths (7/64")
				of an inch from the surface of the tire;
8.2.c. the diameter of the stud, inclusive of
				the stud casing, shall not exceed three-eighths (3/8") of an inch;
8.2.d. the contact area of the total number
				of studs shall not exceed three (3) per centum of the total contact area of the
				tire;
8.2.e. in the interest of
				highway maintenance studs shall not be installed in tires which are operational
				with a recommended air pressure greater than 40 pounds per square
				inch;
8.2.f. The studs shall be
				firmly and securely seated in the tire, which may be tested by applying a
				tensile force to each of five (5) studs selected at random. The load shall be
				applied in the direction of minimum extraction force, and the load required to
				remove each stud shall be in excess of 30 pounds; and
8.2.g. Failure to comply with the provisions
				of this subsection is a violation of the provisions of W. Va. Code
				§
										17C-15-37, and subject to the penal sanctions imposed by W. Va. Code
				§
										17C-18-1.
West Virginia Code of State Rules › Agency 157 - Highways › Title 157 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS › Series 157-05 - Traffic And Safety Rules › Appendix B

Current through Register Vol. XLI, No. 28, July 12, 2024
WEST VIRGINIA DIVISION OF HIGHWAYS DISTRICT
				  ENGINEERS
DISTRICT
ADDRESS TO
LOCATION
TELEPHONE
One
District Engineer,
1340 Smith Street
Charleston, WV 25301
304 558-3001
W. VA. DOH
Two
District Engineer,
801 Madison Avenue
Huntington, WV 25712
304 528-5625
W. VA. DOH
Three
District Engineer,
624 Depot Street
Parkersburg, WV 26102
304 420-4595
W. VA. DOH
Four
District Engineer,
P.O. Box 4220
Clarksburg, WV 26302
304 326-0113
W. VA. DOH
Five
District Engineer,
P.O. Box 99
Burlington, WV 26710
681-320-2000
W. VA. DOH
Six
District Engineer,
1 DOT Drive
Moundsville, WV 26041
304 843-4000
W. VA. DOH
Seven
District Engineer,
131 Highland Drive
Weston, WV 26452
304 269-0400
W. VA. DOH
Eight
District Engineer,
US 219 North
Elkins, WV 26241
304 637-0220
W. VA. DOH
Nine
District Engineer,
146 Stonehouse Road
Lewisburg, WV 24901
304 647-7450
W. VA. DOH
Ten
District Engineer,
270 Hardwood Lane
Princeton, WV 24740
304 425-2155
W. VA. DOH
West Virginia Code of State Rules › Agency 157 - Highways › Title 157 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS › Series 157-06 - Use of State Road Rights of Way and Adjacent Areas › Section 157-6-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule establishes general rules pertaining to the use of state road
				rights of way and adjacent areas.
1.2. Authority. -- W. Va. Code §
									17-1-1
et seq.
; §
									17-3-9;
				§§
									17-4-1,
				2, 39, 40, and 45; §
									17-16-1
et seq.
; §
									17-20-1
et seq.
; §
									17-22-1
et seq.
; §
									17-23-1
et
				seq.
; §
									17-23-1
et seq.
; and §
									17-24-1
et seq
.
1.3.
				Filing Date. - March 18, 2020.
1.4.
				Effective Date. - March 18, 2020
1.5. Sunset Provision -_This rule Shall
				terminate and have no further force and effect March 18, 2025.
West Virginia Code of State Rules › Agency 157 - Highways › Title 157 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS › Series 157-06 - Use of State Road Rights of Way and Adjacent Areas › Section 157-6-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Abandoned
				salvage yard" means any unlicensed salvage yard or any salvage yard that was
				previously licensed but upon which the license has not been renewed for more
				than one year.
2.2. "Authorization
				number" means the unique, seven-character number assigned for cost accounting
				purposes to a specific highway project. This number is only assigned upon
				review and acceptance of the project by Division of Highways
				management.
2.3. "Back to back
				sign" means any sign constructed on a single set of supports with two sign
				facings in opposite directions each of which may have up to two sign faces
				visible.
2.4. "Changeable message
				signs (CMS)" means an outdoor advertising sign, display, or device which
				changes the message or copy on the sign by means of electronic rotation of
				panels or slats, or by LED, OLED or other illuminated message center. CMS's are
				considered outdoor advertising signs and must comply with all requirements
				applicable to outdoor advertising signs.
2.4.a. An off-premise CMS may not include,
				moving video or scrolling messages. Off-premise CMS must comply with all
				requirements for off-premise signs generally.
2.4.b. An on-premise CMS may scroll or change
				message content but may not contain flashing images. On-premise CMS must comply
				with all requirements for on-premise signs generally.
2.4.c. No CMS sign, display or device,
				whether on-premise or off-premise, may be illuminated by any rapid flashing
				intermittent light or lights.
West Virginia Code of State Rules › Agency 157 - Highways › Title 157 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS › Series 157-06 - Use of State Road Rights of Way and Adjacent Areas › Section 157-6-5 - Removal of Obstructions From Roadway

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Procedure for Effecting Removal of
				Obstructions. The procedure for effecting the removal of any obstruction, as
				defined in W. Va. Code, §
									17-16-1,
				from the right of way limits of any state highway, shall be as follows:
5.1.a. Notice. The County Maintenance
				Superintendent or District Utility Supervisor, as appropriate, shall notify the
				owner or the person responsible for the obstruction that he or she is violating
				the law in placing, or causing to be placed, the obstruction within the highway
				right of way limits, and that immediate steps must be taken not only to remove
				the obstruction, but also to make any necessary repairs resulting from the
				existence of the obstruction.
5.1.b. Additional Notice. In the event of
				failure or undue delay on the part of the owner or the person responsible for
				the obstruction to remove immediately the obstruction, the County Maintenance
				Supervisor or District Utility Supervisor, as appropriate, shall notify the
				District Engineer of the circumstances relating thereto. The District Engineer
				shall notify the responsible party by letter to remove the obstruction. If the
				obstruction is not removed within ten (10) days, the Commissioner, or his duly
				authorized representative, shall then cause a written notice to be served upon
				the owner or person responsible for the obstruction in the manner provided by
				law for service of notice or process, notifying the owner or responsible person
				to remove said obstruction within ten (10) days from the date of service of the
				notice. If, following service of the notice, the obstruction is not removed
				within ten days the Division will remove the obstruction. The costs and
				applicable penalties for the obstruction removal will be the responsibility of
				the owner or responsible person of the obstruction. The assessment and
				collection of costs will be pursued in accordance with W. Va. Code §
										17-16-3,
				4 and 5.
West Virginia Code of State Rules › Agency 157 - Highways › Title 157 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS › Series 157-06 - Use of State Road Rights of Way and Adjacent Areas › Section 157-6-6 - Constructing Driveways on State Highway Right of Way

Current through Register Vol. XLI, No. 28, July 12, 2024
Any person desiring to construct or reconstruct one or more
				  driveways or other connections to or within the right of way of any state
				  system street or highway, must do so in accordance with the requirements
				  specified in the Division's manual, "Rules and Regulations for Constructing
				  Driveways on State Highway Rights of Way." This manual may be obtained by
				  contacting the Division's central headquarters in Charleston or any of the
				  Division's district headquarters.
West Virginia Code of State Rules › Agency 157 - Highways › Title 157 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS › Series 157-06 - Use of State Road Rights of Way and Adjacent Areas › Section 157-6-7 - Requirements for Outdoor Advertising on the State Highway System

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1.
7.1.a. Purpose. This section's purpose is to
				regulate and control the erection and maintenance of outdoor advertising signs,
				displays and devices along the total highway system and further to set up
				specific limitations relating to size, spacing and lighting of those signs,
				displays and devices, located along those highways in West Virginia designated
				for federal-aid funding purposes as interstate and primary highways in
				accordance with Title 23, United States Code.
7.1.b. This section is correlated to and
				applies along with that certain agreement dated the 6th day of January, 1969,
				between the United States of America, represented by the Secretary of
				Transportation, acting through the Federal Highway Administrator, and that
				agreement dated the 19th day of June, 1961, between the United States Secretary
				of Commerce and the State Road Commissioner and the "National Standards" of
				23CFR, Chapter 1, §750.105 et.seq. as prepared and promulgated by the
				Bureau of Public Roads in relation to the National System of Interstate and
				Defense Highways.
West Virginia Code of State Rules › Agency 157 - Highways › Title 157 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS › Series 157-06 - Use of State Road Rights of Way and Adjacent Areas › Section 157-6-8 - Salvage Yards

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Application
				for License. No person may establish, operate or maintain a salvage yard
				without first obtaining a license from the Commissioner. Application for a
				salvage yard license must be made in writing on the form prescribed by the
				Commissioner and must be signed by the applicant or his authorized agent. A
				license fee in the amount of Two Hundred Dollars ($200), payable by certified
				or cashier's check or money order, must accompany the application. The license
				will expire on the first day of January following the date of issuance. The
				license may be renewed from year to year upon submitting the prescribed form
				and the $200.00.
8.1.a. Each application must
				include, but is not limited to the following: name, address, and business
				capacity of the applicant, i.e., whether the business is conducted by an
				individual, partnership, corporation, society or association; the date the
				business was established; the date of the last salvage yard license (if any
				issued) and the number thereof, and the location of the salvage yard, including
				the number of the nearest State highway in accordance with W. Va. Code §
										17-23-3.
8.1.b. Prior to establishing a salvage yard,
				the owner or operator must first obtain a permit from the County Planning
				Commission. If the County does not have a planning commission, then the
				owner/operator must obtain a permit from any agency so designated by the County
				Commission in which the salvage yard is to be located.
8.1.c. In accordance with the provisions of
				W. Va. Code §
										17-23-3,
				the owner or operator of a salvage yard may have no more than one hundred waste
				tires which are not mounted on wheels on vehicles or machines unless the
				salvage yard has received a license, permit or approval from the Department of
				Environmental Protection.
West Virginia Code of State Rules › Agency 157 - Highways › Title 157 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS › Series 157-06 - Use of State Road Rights of Way and Adjacent Areas › Section 157-6-9 - Roadside Memorials

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1.
				Purpose. This section provides requirements for the placement of roadside
				memorials within the rights of way of the State's highways by or on behalf of
				family members or friends for the sole purpose of memorializing persons who
				have died as a result of vehicle related accidents.
9.2. General Requirements. All roadside
				memorials must be placed at or near the location of a fatal vehicular accident
				in compliance with the following rules:
9.2.a. Within the highway right of way, as
				far from the travel lanes as reasonably possible and not on private property
				nor in front of or alongside private property or residences unless express
				permission has been obtained from the property owner.
9.2.b. Clear of ditches, culvert pipes,
				bridges and other highway features that require access for
				maintenance.
9.2.c. Behind the
				guardrail, if one is present, except that temporary memorials may be tied to a
				guardrail post with lightweight string, wire or tape and must be easily
				removable for maintenance purposes.
9.2.d. Roadside memorials may not be placed
				in any median, nor may they be affixed to any bridge, tree, fence, sign or
				lighting pole, utility pole, traffic signal pole, signs, etc.
9.2.e. Roadside memorials may not interfere
				with any traffic control device or be a hazard to the motoring public in any
				way including, but not limited to, restricting drivers' or other road users'
				sight distance; having any light-reflecting parts or materials, or any means of
				illumination; or mimicking or imitating any official traffic control
				device.
9.2.f. Persons placing or
				visiting roadside memorials or roadside memorial signs are responsible for
				their own safety and must act in a responsible, safe manner including parking
				completely clear of the travel lanes, even if it means walking some
				distance.
9.2.g. Removal of
				roadside memorials. Division of Highways personnel will normally not remove
				roadside memorials that meet the requirements of this rule. However, the
				Commissioner has the authority to direct or cause the removal of any roadside
				memorial, without notice, within a state highway right of way upon determining
				that removal is necessary for construction, maintenance, safety or other
				purpose.
9.2.h. If more than one
				person applies for a roadside memorial sign for the same victim or for multiple
				victims of the same accident, the applications will be consolidated and treated
				as one.
West Virginia Code of State Rules › Agency 157 - Highways › Title 157 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS › Series 157-06 - Use of State Road Rights of Way and Adjacent Areas › Section 157-6-10 - Promulgation of interpretive rule and legislative rule on fees

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. The Division shall promulgate an
				interpretive rule in accordance with W. Va. Code 25 §
									29A-3-1
et seq.
setting forth the requirements for accommodating
				utilities on highway right-of way and the adjustment and relocation of utility
				facilities on highway projects. The interpretive rule may not contain any type
				of fee.
10.2. The Division shall
				promulgate any fees levied on a utility or telecommunications provider by
				legislative rule in accordance with W. Va. Code §
									29A-3-1
et seq.
West Virginia Code of State Rules › Agency 157 - Highways › Title 157 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS › Series 157-07 - Transportation of Hazardous Wastes Upon the Roads and Highways › Section 157-7-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule applies to all persons offering and/or transporting hazardous
				waste by vehicle upon the roads and highways of this State if the
				transportation requires a manifest under The United States Environmental
				Protection Agency (EPA), Hazardous Waste Manifest System (See link, pages 8 and
				9).This rule should be read in conjunction with the West Virginia Department of
				Environmental Protection Agency (DEP) rule, 33CSR20, Hazardous Waste Management
				System (See link, pages 8 and 9).
1.2. Authority. -- W. Va. Code §
									22-18-7(a).
1.3. Filing Date. -- March 17,
				2020.
1.4. Effective Date. -- March
				17, 2020.
1.5. Sunset Provision.
				This rule shall terminate and have no further effect March 17, 2025.
1.6. Enforcement. Commissioner of Highways
				delegates the enforcement authority granted to him in the Hazardous Waste
				Management Act to Highways' State Safety Officer and may delegate enforcement
				authority to the Public Service Commission.
West Virginia Code of State Rules › Agency 157 - Highways › Title 157 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS › Series 157-07 - Transportation of Hazardous Wastes Upon the Roads and Highways › Section 157-7-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Terms. The
				terms used in this rule are defined as follows.
2.1.1. "Authorized" means any person and/or
				transport vehicle who has received an EPA Identification Number from the U.S.
				Environmental Protection Agency which enables that person to transport or offer
				hazardous waste for transportation by highway vehicle upon the roads and
				highways of the state of West Virginia.
2.1.2. "C.F.R." means Code of Federal
				Regulations.
2.1.3. "Hazardous
				Waste Management" means the systematic control of the collection, source
				separation, storage, transportation, processing, treatment, recovery and
				disposal of hazardous wastes.
2.1.4. "Highway Transporter" means a person
				engaged or authorized to engage in off-site transportation of hazardous waste
				by road and highway.
2.1.5. "Offer"
				means that moment when the shipper (generator) certifies the uniform hazardous
				waste manifest.
2.1.6. "Person"
				means any individual, trust, firm, joint stock company, public, private or
				government corporation, partnership, association, state or federal agency, the
				United States government, this State or any other state, municipality, county
				commission or any other political subdivision of a state or any interstate
				body.
2.1.7. "Shipper" means any
				person transporting, and/or offering hazardous waste for off-site management by
				highway transporter.
2.1.8.
				"Transport Vehicle" means an automobile, van, tractor, trailer or semitrailer,
				portable tank, cargo tank, or any combination thereof, propelled or drawn by
				mechanical power and used upon the roads and highways for the transportation of
				hazardous waste or authorized to transport hazardous waste.
2.1.9. "Transporter" means any person
				accepting hazardous waste for transportation on the roads and highways of this
				state.
2.1.10. "Uniform Hazardous
				Waste Manifest" means the shipping document required by the EPA for all persons
				who transport, offer for transport, treat, recycle, store or dispose of
				hazardous waste.
2.1.11. "Vehicle
				Inspection" means inspection by a Division of Highways or Public Service
				Commission representative working in his official capacity, including
				inspection of the uniform hazardous waste manifest, driver requirements,
				vehicle safety requirements, and/or cargo packaging requirements.
West Virginia Code of State Rules › Agency 157 - Highways › Title 157 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS › Series 157-07 - Transportation of Hazardous Wastes Upon the Roads and Highways › Section 157-7-3 - Uniform Hazardous Waste Manifest System

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. General Requirements.
3.1.1. Any person who offers or transports
				hazardous waste for off-site treatment, storage, or disposal must prepare a
				Uniform Hazardous Waste Manifest in accordance with the EPA's Hazardous Waste
				System.
3.1.2. Before transporting
				the hazardous waste, the highway transporter must sign and date the manifest
				acknowledging acceptance of the hazardous waste from the shipper (generator).
				The highway transporter must return a signed copy to the generator before
				leaving the generator's property.
3.1.3. The highway transporter must ensure
				that the manifest accompanies the hazardous waste.
3.1.4. Before accepting hazardous waste from
				a rail transporter, a highway transporter must sign and date the manifest and
				provide a copy to the rail transporter.
West Virginia Code of State Rules › Agency 157 - Highways › Title 157 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS › Series 157-07 - Transportation of Hazardous Wastes Upon the Roads and Highways › Section 157-7-4 - Recordkeeping

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Record
				Retention General Requirements. A highway transporter of hazardous waste must
				keep a copy of the manifest signed by the generator, himself, and the next
				designated transporter or the owner or the operator of the designated facility
				for a period of three (3) years from the date the hazardous waste was accepted
				by the initial transporter.
4.2.
				Record Retention Foreign Shipments Requirements. A transporter who transports
				hazardous waste out of the United States must keep a copy of the manifest
				indicating that the hazardous waste left the United States for a period of
				three (3) years from the date the hazardous waste was accepted by the initial
				transporter.
4.3. Automatic Periods
				of Retention. The periods of retention referred to in this Section are extended
				automatically during the course of any unresolved enforcement action regarding
				the regulated activity or as requested by the Administrator of the U.S.
				Environmental Protection Agency and/or the West Virginia Division of
				Highways.
West Virginia Code of State Rules › Agency 157 - Highways › Title 157 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS › Series 157-07 - Transportation of Hazardous Wastes Upon the Roads and Highways › Section 157-7-5 - Transportation Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				Requirements. No person will transport or offer to transport and no transporter
				will accept hazardous waste in this state except in accordance with:
a.) the requirements of this rule;
b.) 33 CSR 20 of the Department of
				Environmental Protection implementing the Hazardous Waste Management
				Act;
c.)40 C.F.R. 262, 263, 266
				Subpart M, 273, "Universal Waste", and 279, "Used Oil" of the U.S.
				Environmental Protection Agency; and
d.) 49 C.F.R. Parts 171 through 173, 177 through 179, 49 C.F.R.
				387 - Minimum levels of financial responsibilities for motor carriers, and 49
				C.F.R. 390 through 397 of the Federal Highway Administration, Department of
				Transportation as amended. (See link, pages 8 and 9).
West Virginia Code of State Rules › Agency 157 - Highways › Title 157 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS › Series 157-07 - Transportation of Hazardous Wastes Upon the Roads and Highways › Section 157-7-6 - Discharges

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Immediate
				Procedures. In the event of a discharge of hazardous waste during
				transportation, the highway transporter must immediately take appropriate
				action to protect human health and the environment (e.g., notify local
				authorities, dike the discharge area).
6.2. Emergency Measures for Removal of Waste.
				If a discharge of hazardous waste occurs during transportation and a government
				official, acting within the scope of his authority, determines that immediate
				removal of the waste is necessary to protect human health or the environment,
				that official may authorize the removal of the waste by transporters who do not
				have EPA Identification Numbers and without the preparation of a
				manifest.
6.3. Required Notices. A
				highway transporter who has discharged hazardous waste must give notice to:
6.3.1 The WV Division of Highways
1900 Kanawha Boulevard, East, Room 110
Charleston, WV 25305
Telephone: (304) 558-3028
twenty-four hours a day;
6.3.2. The WV Department of
Environmental Protection
Division of Water and Waste Management
601 57th Street, SE
Charleston, WV 25304
Telephone: 800-642-3074
FAX: (304) 926-0463
6.3.3. The National Response Center
Telephone: 1-800-424-8802 or (202) 426-2675, but only
				  if:
6.3.3.a. A person is killed;
				or,
6.3.3.b. A person receives
				injuries requiring hospitalization; or,
6.3.3.c. Total property damage from the spill
				exceeds $50,000; or,
6.3.3.d. The
				discharge involves radioactive waste and/or materials; or,
6.3.3.e. The discharge involves shipment of
				etiologic agents; or,
6.3.3.f. The
				situation, in the judgment of the carrier, should be reported.
6.3.4. The notice shall contain
				the following information:
6.3.4.a. Name of
				reporter;
6.3.4.b. Name and address
				of carrier;
6.3.4.c. Phone number
				where reporter can be reached;
6.3.4.d. Date, time and location of
				spill;
6.3.4.e. Extent of injuries,
				if any;
6.3.4.f. Type and quantity
				of hazardous waste involved, if any;
6.3.4.g. Description of incident and whether
				a continuing danger to life exists at the scene.
West Virginia Code of State Rules › Agency 157 - Highways › Title 157 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS › Series 157-08 - Waste Tire Remediation/Environmental Clean Up › Section 157-8-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. This
				rule relates to the remediation and environmental clean up of waste tire
				piles.
1.2. Authority. W. Va. Code
				§§
									17-23-2
				and 3 and 17-24, et seq.
1.3.
				Filing Date. May 2, 2001.
1.4.
				Effective Date. May 4, 2001.
West Virginia Code of State Rules › Agency 157 - Highways › Title 157 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS › Series 157-08 - Waste Tire Remediation/Environmental Clean Up › Section 157-8-3 - Location and Identification

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1
				Inventory Listing. All piles of tires meeting the definition of waste tire
				piles will have the following information maintained in a Division inventory
				listing:
3.1.a Generic address with
				directions from the nearest road on the State Highway System.
3.1.b Latitude and Longitude.
3.1.c Name of Quandrangle Sheet
				(USCS).
3.1.d Name of drainage
				basin, name of immediate discharge stream and milepost.
3.1.e Name and location of Fire Department
				serving the area, including phone number.
West Virginia Code of State Rules › Agency 157 - Highways › Title 157 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS › Series 157-08 - Waste Tire Remediation/Environmental Clean Up › Section 157-8-4 - Prohibition on Starting or Increasing the Size of Waste Tire Piles

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1 No Increase. No
				person may increase the size, volume or numbers of tires in a waste tire pile
				within the State.
4.2 Monofills
				Exempt. Properly permitted monofills are exempt from Subsection 4.1 of these
				rules.
4.3 No New Tire Piles. No
				person may accumulate, collect, deposit, or abandon waste tires in a tire pile
				whose increase in number would cause it to become an illegal waste tire
				pile.
4.4 Combining Tire Piles.
				Depositing tires from a waste tire pile to another waste tire pile is
				prohibited.
4.5 Disposal. Tires
				removed from a waste tire pile must be disposed of in a manner not in conflict
				with these rules, and in compliance with Legislative Rule 33CSR5, Section 1, et
				seq, "Waste Tire Management" of the DEP.
4.6 Component Disposal. After shredding or
				other breaking down, cutting or processing of waste tires, no components
				thereof may be disposed of in a manner not consistent with these rules and with
				Legislative Rule, 33CSR5, "Waste Tire Management" of the DEP.
4.7 Proper Transportation. Waste tires or
				components thereof, may not be transported into or out of this State for any
				purpose other than approved proper processing and/or legal disposal of the
				waste tire or component thereof.
4.8 DEP Rules. No waste tire or component
				thereof, may be disposed of in a manner not consistent with these rules and the
				rules of DEP and the Solid Waste Management Board.
4.9 Temporary Accumulations. As noted in WV
				Code §
									17-24-3(a),
				the Commissioner may temporarily accumulate as many waste tires as he/she deems
				necessary at any location(s) necessary to effectuate the purpose of this rule.
				This also applies to contractors under contract with the Division to do
				remediation work at the direction of the Commissioner.
4.10 Clean Up Notification. Companies,
				groups, persons that conduct clean up efforts to remediate tire problems are
				exempt from the provisions of these rules that limit the amount of tires and/or
				tonnage that may be accrued as a result of these efforts, provided that a
				written notice is delivered to the Commissioner and DEP at least 72 hours prior
				to the start of the event and a second written notice is delivered within 72
				hours after the clean up.
4.10.a. The written
				notice prior to the clean up event must provide the tire pile location, a
				contact name, address and phone number for the company, group or person
				responsible for the event as well as the identity of the hauler(s) of the tires
				and the identity of the approved disposal point.
4.10.b. The written notice after the clean up
				event must list the number of tires collected.
West Virginia Code of State Rules › Agency 157 - Highways › Title 157 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS › Series 157-08 - Waste Tire Remediation/Environmental Clean Up › Section 157-8-5 - Contractual Services

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1
				Commissioner's Discretion. The Commissioner may, in the remediation process, at
				his or her discretion, contract with, but is not limited to the following
				options.
5.1.a Government or Quasi-Govemment
				Agencies, such as;
5.1.a.1 West Virginia
				Division of Corrections,
5.1.a.2
				West Virginia DHHR,
5.1.a.3 West
				Virginia Regional Jail and Corrections Authority Facility,
5.1.a.4 West Virginia National
				Guard,
5.1.a.5 U.S. Army
				Reserve,
5.1.a.6 West Virginia
				Citizen's Conservation Corps,
West Virginia Code of State Rules › Agency 157 - Highways › Title 157 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS › Series 157-08 - Waste Tire Remediation/Environmental Clean Up › Section 157-8-6 - Right of Entry

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1 For Studies
				and Exploratory Work. Division of Highways employees, their authorized
				representatives, contractors and sub-contractors, upon presentation of proper
				identification, have the right of entry upon any property suspected of having a
				waste tire pile for the purpose of:
6.1.a
				conducting studies;
6.1.b
				performing exploratory work to determine the existence of waste tire piles and
				their adverse effects;
6.1.c
				determining the feasibility of remediation;
6.1.d determining the potential adverse
				effects of remediation; and
6.1.e
				establishing identification information.
West Virginia Code of State Rules › Agency 157 - Highways › Title 157 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS › Series 157-08 - Waste Tire Remediation/Environmental Clean Up › Section 157-8-7 - Other Agency Rules

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1.
				Conflicting Rules. In the event of conflict between this rule and other
				agencies' rules, if the other agency's rule is more stringent that agency's
				rule prevails.
7.2. Commissioner's
				Determiniation is Final. For the time period that the Tire
				Remediation/Environmental Clean up Act is in effect, the Commissioner, being
				primarily responsible for the remediation of waste tire piles, will make the
				final determination on issues of conflict with other agencies pertaining to
				this rule.
7.3. Site Monitoring.
				All other agencies are encouraged to monitor the clean up/remediation of any
				and all sites.
7.3.a. Any problems noted
				during remediation are to be addressed to the Division and the Division's
				on-site coordinator. Under no circumstances are the other agencies to direct
				the Division's Contractor in any remediation effort.
West Virginia Code of State Rules › Agency 157 - Highways › Title 157 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS › Series 157-08 - Waste Tire Remediation/Environmental Clean Up › Section 157-8-8 - Commissioner Bureau of Public Health

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. In accordance with WV Code §16, the
				Commissioner of the Bureau of Public Health may enforce the public health laws
				in instances where waste tire piles present an imminent and substantial
				endangerment to public health.
West Virginia Code of State Rules › Agency 157 - Highways › Title 157 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS › Series 157-08 - Waste Tire Remediation/Environmental Clean Up › Section 157-8-9 - Remediation Liability

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1.
				Liability. Any person who has illegally disposed of waste tires is liable for
				all clean up costs associated therewith.
9.2. Land Owner Liability. Any person who has
				waste tire piles disposed on their property is liable for all clean up costs
				associated therewith.
9.3. Clean Up
				Costs. Costs of removal or remediation will include but not be limited to:
9.3.a. All costs of removal, ingress, egress,
				clean up and remediation by the Division.
9.3.b. All costs associated with remediation
				include collection, transporting, processing and disposal of waste tires, cost
				of providing ingress and egress, damage to adjacent property, legal costs
				incurred to bring legal actions, and staff time involved with the remediation
				and court time.
West Virginia Code of State Rules › Agency 157 - Highways › Title 157 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS › Series 157-08 - Waste Tire Remediation/Environmental Clean Up › Section 157-8-10 - Orders/Notice

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1 Method of
				Owner Notification. Any notices and any orders will be by registered or
				certified mail. If said notice is returned, delivery will then be by the
				Sheriff's office or personal delivery.
10.2. Purpose of Owner Notification. The
				Division will notify the person(s) owning the property where a waste tire pile
				exists that said waste tire pile must be remediated.
10.3. Compliance Schedule. After the notice
				of the existence of a waste tire pile that must be remediated, the Division
				will issue an order to said property owner to submit an acceptable compliance
				schedule within thirty days of receipt of said order.
10.3.a. The Division's acceptance of a
				compliance schedule will also be considered the Division's time limit for
				completion of remediation.
10.3.b.
				The Division will return unacceptable compliance schedules to the owner(s) (by
				certified mail) with the request to resubmit for an approved compliance
				schedule for remediation. The owner must submit the updated compliance schedule
				within thirty days after receiving the notice of the unacceptable
				schedule.
10.3.c. Failure to return
				an updated compliance schedule after receiving notice of an unacceptable
				schedule will be deemed non-compliance with the order.
West Virginia Code of State Rules › Agency 157 - Highways › Title 157 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS › Series 157-08 - Waste Tire Remediation/Environmental Clean Up › Section 157-8-11 - Liens

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1 Lien on
				Remediated Property. A lien may be placed upon all real property and rights to
				the property on which the waste tire pile is remediated when State funds from
				the TREC Fund are expended for remediation, and no arrangements are made by the
				owner to repay the remediation costs.
11.2 Time Period. The lien will continue
				until the liability for the costs or judgment against the property is
				satisfied.
11.3 Included Costs. The
				lien will include all costs from the latter of:
11.3.a when costs are first incurred by the
				Division; or
11.3.b the Notice of
				Remediation is received by the owner(s) of the property.
West Virginia Code of State Rules › Agency 157 - Highways › Title 157 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS › Series 157-08 - Waste Tire Remediation/Environmental Clean Up › Section 157-8-12 - Injunctive Relief

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1 Division's
				Rights. The Division may seek injunctive relief through the West Virginia
				Attorney General or the local county prosecuting attorney's office to provide
				remedies when a violation of the provisions of this rule occurs.
12.2 Inclusions. The injunctions may be, but
				not necessarily limited to restraint, prevention or abatement of the
				maintaining and storage of waste tire piles in violation of the provisions of
				this rule.
West Virginia Code of State Rules › Agency 157 - Highways › Title 157 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS › Series 157-08 - Waste Tire Remediation/Environmental Clean Up › Section 157-8-13 - Records Retention

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1 Time
				Period. The records for any and all remediation work on waste tire piles must
				be kept for a minimum of five years after completion. All records must be kept
				minimally for the previous five calendar years.
13.2 Federal Time Period. For those sites
				that involve Federal Highway Funds or Federal Grants, the records retention
				will be for the time required by that fund, grant, etc., but in no case less
				than five calendar years from the date of completion.
13.3 Other Agency Requirements. In
				remediation cases, where hazardous or other specific types of solid waste are
				encountered, the records retention will be that prescribed by particular
				statute or rule, but in no case less than five calendar years after
				completion.
13.4 Other's Retention
				Responsibilities. All agencies, contractors, subcontractors, consultants and
				contractual parties must retain all records of all waste tire pile remediations
				for which they are involved for the prescribed time periods.
13.5 Following Litigation. On all sites where
				any person takes any type of legal action, the records must be maintained for
				five years after litigation is settled.
West Virginia Code of State Rules › Agency 157 - Highways › Title 157 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS › Series 157-08 - Waste Tire Remediation/Environmental Clean Up › Section 157-8-14 - Hauling of Waste Tires

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1
				Delivery to Approved Sites. The haulers of waste tires must meet all applicable
				State of West Virginia rules and may only deliver waste tires to approved
				holding facilities or approved disposal or processing sites.
14.1.a Haulers must ensure that none of the
				tires will be resold for domestic uses as vehicle tires.
14.1.b Haulers must provide written
				documentation that all waste tires were disposed in a manner acceptable to the
				Division and West Virginia DEP.
West Virginia Code of State Rules › Agency 157 - Highways › Title 157 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS › Series 157-08 - Waste Tire Remediation/Environmental Clean Up › Section 157-8-15 - Owner Remediation

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1
				Owners Involvement Encouraged. Owners of property on which waste tire piles are
				located, may properly remediate the waste tire problems and only in compliance
				with this rule.
15.2 Compliance
				Schedule. The owner must provide an acceptable compliance schedule for the
				Order/Notice to Remediate the waste tire pile on their property.
15.3 PSC Rules Compliance. The owner must
				comply with the Public Service Commission rules on Waste Tire Haulers under WV
				Code §24A.
15.4 Record
				Keeping. The owner must keep records that include date, hours of operation,
				number of trucks, hauler's name, number of tires removed, approved location to
				where tires are being transported. Written verification of the hauler's
				disposal permit is required.
15.5
				Owner Remediation Responsibilites.
15.5.a The
				owner must complete the remediation within the time schedule in the approved
				Order/Notice.
15.5.b The owner must
				properly dispose of all solid waste encountered with the waste tire pile(s), in
				accordance with applicable DEP regulations.
15.5.c The owner must properly dispose of all
				hazardous material encountered with the waste tire pile(s) in accordance with
				applicable DEP Regulations.
15.5.d
				The owner must follow proper procedures and regulations for sediment control
				during clean up of the site (33CSR1).
15.5.e The owner must properly dress up, seed
				and mulch the remediated area where the tire pile existed.
15.5.f The owner must notify the Commissioner
				in writing that said waste tire pile has been remediated.
15.5.g The owner must provide proper
				protection, safeguards and security so that the area cannot be used again for a
				dump or for waste tires.
West Virginia Code of State Rules › Agency 157 - Highways › Title 157 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS › Series 157-08 - Waste Tire Remediation/Environmental Clean Up › Section 157-8-16 - Storage

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1 Temporary
				Storage. In accordance with WV Code §
									17-24-3, the
				Commissioner may temporarily accumulate as many waste tires as he/she deems
				necessary at locations necessary to effectively carry out this rule.
16.1.a All waste tires temporarily stored as
				whole tires must be covered.
16.1.b
				Proper vector control must be provided at all temporary waste tire storage
				areas.
16.1.c Waste tires
				temporarily stored may be as whole, chipped or shredded tires, provided that
				they are properly protected.
West Virginia Code of State Rules › Agency 157 - Highways › Title 157 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS › Series 157-08 - Waste Tire Remediation/Environmental Clean Up › Section 157-8-17 - Disposal

Current through Register Vol. XLI, No. 28, July 12, 2024
17.1 Approved
				Disposal. All waste tires collected from individuals and all waste tires from
				the waste tire piles must be disposed of in a proper and acceptable manner.
17.1.a Waste tires must be recycled in any
				manner that does not pollute the environment.
17.1.b Waste tires shall not be sold or
				offered for sale as a usable tire for its original intended use.
17.1.c Waste tires, from tire pile
				remediation projects, may be disposed of in approved solid waste landfills
				and/or approved monofills as per DEP's rules. It is recommended that waste
				tires be shredded before being disposed of in solid waste landfills or
				monofills.
17.1.d. Waste tires may
				be used for any beneficial use.