West Virginia Code of State Rules › Agency 33 - Waste Management, Division Of Water And Waste Management › Title 33 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION WASTE MANAGEMENT › Series 33-12 - Covered Electronic Device Recycling Rule › Section 33-12-4 - Covered Electronic DeviceStorage, Handling, Recycling, and Disposal Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
				General Operational Requirements. Unless otherwise approved by the Secretary in
				writing, all commercial solid waste landfills and CED collectors shall conform
				to the following operational requirements:
4.1.a. The facility shall be secure from
				theft, vandalism, fire, and unauthorized access.
4.1.b. The facility shall be designed to
				receive, process, and store CEDs and any components thereof in a manner that
				prevents surface water, stormwater or groundwater contamination.
4.1.b.1 Within one year after the effective
				date of this rule, receiving, storage, operations, and shipping areas must be
				under a roof or in an enclosed area sufficient to prevent stormwater
				contamination.
4.1.b.2 Receiving,
				storage, operations, and shipment areas must have an impermeable surface
				sufficient to prevent surface water and groundwater contamination.
4.1.c. The facility must manage all cathode
				ray tubes (CRTs) in a manner that prevents breakage and ship them intact to a
				designated recycling facility. All CRTs, regardless of condition (broken,
				intact or otherwise separated from the CED), must be accepted by the facility
				and properly managed for recycling. Any broken CRTs shall be handled as
				described in subdivision 4.1.e below.
4.1.d. If circuit boards are removed from
				CEDs they must be removed, stored, and shipped to the recycler as an intact or
				whole circuit board. Components removed from a whole or intact circuit board
				are considered newly generated waste and may be subject to handling, storage,
				and shipment in accordance with the
West Virginia Hazardous Waste
				Management Act
, W. Va. Code §
										22-18-1,
				et seq., and any rules promulgated thereunder.
4.1.e. The facility shall immediately clean
				up any broken CRTs from a CED and place all such waste in a container that is
				closed, structurally sound, compatible with the CRTs, and capable of preventing
				leakage, spillage or releases of broken CRTs, glass particles or other
				hazardous constituents from the broken CRTs to the environment. As soon as
				possible, the facility shall package and ship broken CRTs to a designated
				recycling facility.
4.1.f. The
				facility shall not shred, crush, heat or otherwise treat CEDs or any component
				thereof and shall not break the CRT in any CED. A facility may disassemble CEDs
				for the sole purpose of marketing, reselling, reusing or recycling components
				thereof.
4.1.g. The facility shall
				clearly label or mark each CED or container, package or pallet containing CEDs
				with one of the following phrases: "Universal Waste - Covered Electronic
				Devices" or "Waste Covered Electronic Devices" or "Used Covered Electronic
				Devices."
4.1.h. The facility shall
				determine whether all CEDs and any component thereof destined for disposal meet
				the definition of "hazardous waste" as defined in W. Va. Code §
										22-18-3(6).
				Any CED or component thereof that meets the definition of hazardous waste shall
				be stored, managed, handled, and disposed of in accordance with the
West Virginia Hazardous Waste Management Act
, W. Va. Code
				§
										22-18-1,
				et seq., and the rules promulgated thereunder.