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West Virginia Code of State Rules › Agency 47 - Water Resources, Division Of Water And Waste Management › Title 47 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESOURCES › Series 47-35 - Hazardous Waste Management Regulations (See 1st Public hearing 07/24/95) › Section 47-35-10 - LAND DISPOSAL RESTRICTIONS

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1.
40 CFR 268.
-- The provisions of 40 CFR part 268 are hereby
				adopted and incorporated by reference with the modifications, exceptions and
				additions set forth in this section.
10.2.
40 CFR
				268.1
-- The provisions of 40 CFR
				§ 268.1 (f)(3) are amended to read as follows:
(3) Thermostats and mercury containing lamps as described in
				  40 CFR § 273.4
10.3.
40 CFR §§ 268.5, 268.6, 268.10 - .13, 268.42(b) and
				268.44.
-- The provisions of 4 0 CFR §§ 268.5, 268.6, 268.10,
				268, 11, 268.12, 268.13, 268.42 (b) and 268.44 are excepted from incorporation
				by reference,
10.4.
Definition of Administrator in 40 CFR Part 268.40(b).
The term "administrator" in 40 CFR part 268.40(b) shall
				  retain its meaning as defined in 260.10.
West Virginia Code of State Rules › Agency 47 - Water Resources, Division Of Water And Waste Management › Title 47 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESOURCES › Series 47-35 - Hazardous Waste Management Regulations (See 1st Public hearing 07/24/95) › Section 47-35-11 - THE HAZARDOUS WASTE PERMIT PROGRAM

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1.
40 CFR Part 270.
-- The
				provisions of 40 CFR part 270 are hereby adopted " and incorporated by
				reference with the modifications, exceptions and additions set forth in this
				section.
11.2.
40 CFR
				§270.1
-- The provisions of 40 CFR § 270.1 (c)(2)(viii)(C) are
				amended to read as follows:
(c) Thermostats and mercury containing lamps as described in
				  40 CFR § 273.4.
11.3.
40
				CFR 270.2 Definitions
11.3.a.
Definition of "RCRA
				Permit"
, - For purposes of this section, the term "RCRA permit" means
				"West Virginia hazardous waste management permit." The following additional
				requirements shall apply to obtain a hazardous waste permit in West Virginia.
				All references in 40 CFR part 124 to 40 CFR part 270 shall be deemed to be
				references to the applicable provisions of subsections 11.4 through 11.14 of
				this rule. To the extent of any inconsistency with 40 CFR part 270, the
				specific provisions contained herein shall control.
11.3.b.
Definition of "Major
				Facility".
-- The term "major facility" shall have the meaning given at
				paragraph 2.1.a.1. of this rule.
West Virginia Code of State Rules › Agency 47 - Water Resources, Division Of Water And Waste Management › Title 47 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESOURCES › Series 47-35 - Hazardous Waste Management Regulations (See 1st Public hearing 07/24/95) › Section 47-35-12 - DEED AND LEASE DISCLOSURE; NOTICE IN DEED TO PROPERTY

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1.
Recording Requirement. --
The owner of the property on which a hazardous waste management facility is
				located must record, in accordance with state law, a notation on the deed or
				lease to the facility property -- or on some other instrument that is normally
				examined during title search -- that will in perpetuity notify any potential
				purchaser of the property that:
12.1.a. The
				land has been used to manage hazardous wastes; and
12.1.b. Its use is restricted under 40 CFR
				§ 264.117 (c).
West Virginia Code of State Rules › Agency 47 - Water Resources, Division Of Water And Waste Management › Title 47 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESOURCES › Series 47-35 - Hazardous Waste Management Regulations (See 1st Public hearing 07/24/95) › Section 47-35-13 - UNIVERSAL WASTE RULE

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1.
40 CFR Part 273.
-- The provisions of 40 CFR part 273 are hereby
				adopted and incorporated by reference with the modifications, exceptions and
				additions contained in this section.
13.2 In addition to pesticides, lead acid
				batteries, and thermostats covered by 40 CFR part 273, mercury containing
				lamps, commonly known as florescent light bulbs, are also covered under part
				273 as follows:
13.3.
40 CFR
				§ 273.1
-- The provisions of 40 CFR § 273.1 (a)(3) are amended
				to read as follows:
(3) Thermostats and mercury containing lamps as described in
				  40 CFR § 273.4
13.4.
40 CFR § 273.4
-- Applicability - mercury thermostats
				and mercury containing lamps
-- the provisions of 40 CFR § 273.4
				are amended by adding thereto a new subdivision designated subdivision (d) to
				read as follows:
(d) Whenever the phrase "mercury thermostats" or
				  "thermostats" is used in 40 CFR " part 273, the phrase is to be read to include
				  mercury" containing lamps except where such language refers to mercury
				  containing ampules. Mercury containing lamps shall be managed as universal
				  waste to the same extent as mercury thermostats if the mercury containing lamp
				  is a hazardous waste because it exhibits one or more of the characteristics
				  identified in 40 CFR part 261, subpart C. Mercury containing lamps must be
				  handled to prevent breakage, leakage or spillage of the hazardous constituents.
				  In the event that the hazardous constituents are released, the handler must
				  manage the material in accordance with all applicable universal waste
				  remediation procedures and determine whether..or not it is subject to the
				  requirements of 40 CFR Parts 260 through 272.
13.5.
40 CFR § 273.6
-
				Definitions - The provisions of 40 CFR § 273.6 are amended to read as
				follows:
13.5.a. "Mercury containing lamp"
				means an electric lamp in which mercury is purposely introduced by the
				manufacturer for the operation of the lamp. Mercury containing lamps commonly
				include florescent lamps.
13.5.b.
				"Universal Waste" means any of the following hazardous wastes that are managed
				under the universal waste requirements of 40 CFR part 273:
(1) Batteries as described in 40 CFR §
				273.2;
(2) Pesticides as described
				in 40 CFR § 273.3; and
(3)
				Thermostats and mercury containing lamps as described in 40 CFR §
				273.4.
West Virginia Code of State Rules › Agency 47 - Water Resources, Division Of Water And Waste Management › Title 47 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESOURCES › Series 47-35 - Hazardous Waste Management Regulations (See 1st Public hearing 07/24/95) › Section 47-35-14 - STANDARDS FOR THE MANAGEMENT OF USED OIL

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1.
40 CFR Part 279.
-- The
				provisions of 40 CFR part 279 are hereby adopted and incorporated by reference
				with the exception contained in this section.
14.2.
40 CFR Part 279.82(b).
--
				The terra EPA at 40 CFR part 279.82(b) shall have the meaning of United States
				environmental protection agency.
14.3.
Effective Date of Section
				14.
-- Notwithstanding the effective date of this rule, the effective
				date of the provisions of this section shall be July 1, 1995.
West Virginia Code of State Rules › Agency 47 - Water Resources, Division Of Water And Waste Management › Title 47 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESOURCES › Series 47-35 - Hazardous Waste Management Regulations (See 1st Public hearing 07/24/95) › Section 47-35-15 - MISCELLANEOUS PROVISIONS

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1. The
				provisions set forth in Appendix 1 are incorporated as a part of these rules.
TABLE 1
PERMIT APPLICATION FEE SCHEDULE
STORAGE
EPA CODE ACTIVITY
FEE
FEE
S01 Container
100 tons capacity
$2,500.00
=100 tons capacity
$3750.00
S02 Tank
100 tons capacity
$2,500.00
=100 tons capacity
$3,750.00
S04 Surface Impoundment
1,000 tons capacity
$10,000.00
=1,000 tons capacity
$12,500.00
S05 Drip Pad
$2,500.00
S03 Waste Pile
100 tons capacity
$5,000.00
=100 tons capacity
$7,500.00
SO6 Waste Pile
(Containment BIdg.)
100 tons capacity
$5,000.00
=100 tons capacity
$ 7,500.00
DISPOSAL
EPA CODE ACTIVITY
FEE
FEE
D80 Landfill
1,000 tons/year $15,000.00
=1,000 tons/year $25,000.00
D81 Land Application
1.000 tons/year $15,000.00
=1,000 tons/year $25,000.00
D83 Surface Impoundment
1,000 tons/year $15,000.00
=1,000 tons/year $25,000.00
TREATMENT
EPA CODE ACTIVITY
FEE
FEE
T01 Tank
100 tons capacity
$2,500.00
=100 tons capacity
$3,750.00
T02 Surface Impoundment
1,000 tons/year
$10,000.00
=1.000 tons/year
$12,500.00
T03 incinerator
1,000 tons/year
$5,000.00
= 1,000 tons/year
$7,500.00
T80 thru T93
Boiler/Industrial Furnace
1,000 tons/year
$5,000.00
= 1,000 tons/year
$7,500.00
T04 Other
$5,000.00
$7,500.00
T-94 Containment BIdg.
Treatment
$5,000.00
$7,500.00
EMERGENCY PERMITS
EPA CODE ACTIVITY
FEE
State and Federal
Nil
Others
$500.00
MISCELLANEOUS
EPA CODE ACTIVITY
FEE
Permit Modification under
							 40 CFR,
							 270.42 (Class I, II, III)
$1,250.00
Modification under
							 40 CFR,
							 270.41
$2,500.00
Post-Closure Care Permit
$15,000.00
Closure Plans
$1,500.00
West Virginia Code of State Rules › Agency 47 - Water Resources, Division Of Water And Waste Management › Title 47 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESOURCES › Series 47-38 - Solid Waste Management Rule › Section 47-38-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1.
Scope
				and Purpose.
-- This legislative rule establishes requirements for the
				siting (including location standards), financial assurance, installation,
				establishment, construction, design, groundwater monitoring, modification,
				operation, permitting, closure and post-closure care of any-solid waste
				facility that processes, recycles, composts, transfers or disposes of solid
				waste pursuant to W. Va. Code §22-15. This rule applies to any person who
				owns or operates a solid waste facility or who is responsible for the
				processing, composting, recycling, transfer or disposal of solid waste, except
				for those recycling facilities exempted from permitting requirements as
				authorized by W. Va. Code §
									20-11-12."
1.1.1.
Applicability.
1.1.1.a. Permittees or applicants of existing
				solid waste landfills (SWLFs), or portions thereof, that stopped receiving
				waste before the effective date of this rule must close their SWLF in
				accordance with the terms and conditions of their solid waste permit, order,
				and/or the laws, rules and regulations in place on the effective date of this
				rule, unless permit requirements are otherwise required by the
				director.
1.1.1.b. Permittees of
				existing SWLFs, or portions thereof, that initiate, or continue receiving waste
				after the effective date of "this rule must comply with the term and conditions
				of their existing solid waste permit, order, and additionally the laws, rules
				and regulations in place on the effective date of this rule, unless said permit
				is modified by the director to include the requirements of this rule, or unless
				permit requirements are otherwise modified by the director.
1.1.1.c. Applicants for new SWLFs, and
				lateral expansions of existing SWLFs that are issued permits .after the
				effective date of this rule must comply with the terms and conditions of that
				new solid waste permit, and/or the laws, rules and regulations, or order, in
				place on the effective date of this rule, unless otherwise required by the
				director,
1.1.1.d. The
				applicability requirements of this section do not apply to existing solid waste
				nondisposal solid waste facilities. These facilities must continue to comply
				with their existing permit and this rule, §§22-15, 22-12 and 22-11 as
				applicable, until such time as the permit is subject to renewal, modification
				or other similar permitting function. New "nondisposal" facility applicants
				must apply for permits as required by, and in compliance with, this
				rule.
West Virginia Code of State Rules › Agency 47 - Water Resources, Division Of Water And Waste Management › Title 47 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESOURCES › Series 47-38 - Solid Waste Management Rule › Section 47-38-4 - Landfill Performance Standards

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
Enforcement of Landfill
				Performance Standards,
Enforcement of the performance standards in section 4 of this
				  rule must be conducted in accordance with the provisions of W. Va. Code §
									22-15-1
				  et sec.
4.2.
Solid Waste
				Assessment Fees.
Permittees are required under the provisions of W. Va.
				Code §
									22-15-11
				and 110 CSR 6A of the W. Va. Department of Tax and Revenue to pay solid waste
				assessment fees.
4.3.
Landfill Manager Training and Certification.
4.3.1.
Qualifications.
Operation of every commercial solid waste disposal facility "landfill," must be
				conducted under the direction of an individual who has authority and knowledge
				to make and implement decisions regarding operating conditions at the facility
				(called in this subsection an "individual in responsible charge") and who has
				attended and successfully completed a course of instruction in solid waste
				management procedures and practices. Such course of instruction must be
				approved in writing by the director.
4.3.2.
Applicability.
Individuals in responsible charge of existing or new landfills and new
				individuals in responsible charge of existing landfills must attend and
				successfully complete a course of instruction within twelve (12) months from
				the effective date of this rule.
4.3.3.
Instruction Course Criteria.
An approved course of instruction must include at a minimum, the role
				of sanitary landfills in integrated solid waste management, basics of site
				selection, complying with design requirements, waste acceptance and screening,
				leachate management, landfill gas management, landfill operational techniques,
				environmental/operational and permit compliance inspections, field exercise and
				homework assignment, landfill economics, closure and post-closure care,
				state/federal regulations, permitting requirements and a written examination
				sanctioned by an internationally recognized certification organization or an
				accredited college or university program.
4.3.4.
Certificate Requirement.
Successful completion of an approved course of instruction by an individual in
				responsible charge must include passing the written examination and the award
				of a certificate as a certified manager; and
4.3.4.a. The individual must demonstrate that
				he or she has remained current in the field of solid waste management by
				attending at least thirty (30) contact hours of continuing education every
				three years and providing proof thereof upon request.
West Virginia Code of State Rules › Agency 47 - Water Resources, Division Of Water And Waste Management › Title 47 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESOURCES › Series 47-38 - Solid Waste Management Rule › Section 47-38-5 - Other Solid Waste Facility Performance Standards

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
Requirements for
				Incinerators.
5.1.1.
General
				Requirements.
5.1.1.a. The incinerator
				must be located, designed, and operated in accordance with section 5.1 of this
				rule.
5.1.1.b. Waste
				characterization must be performed in accordance with section 5.1 of this
				rule.
West Virginia Code of State Rules › Agency 47 - Water Resources, Division Of Water And Waste Management › Title 47 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESOURCES › Series 47-38 - Solid Waste Management Rule › Section 47-38-6 - Closure and Post-Closure Care

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1.
Permanent Closure
				Criteria.
6.1.1.
Applicability.
Any person who maintains or operates a solid waste facility
				  must, when the fill area or portion thereof reaches final grade or when the
				  director determines that closure is required, cease to accept waste and perform
				  closure activities at the facility or portion thereof in accordance with the
				  plan approval issued by the director and the provisions of section 6.1 of this
				  rule unless otherwise approved by the director in writing.
6.1.1.a. Upon request of the permittee, or
				upon the director's own initiative, the director may waive or modify any of the
				closure requirements of section 6 of this rule or allow alternative permit
				conditions or practices as appropriate for a specific coal combustion
				by-product facility or industrial solid waste facility based upon the type of
				wastes disposed, type of facility, site characteristics and sound engineering
				judgement.
6.1.1.b.
Closure
of existing solid waste landfills.
6.1.1.b.A. Existing SWLPs that cannot make
				the demonstration specified in section 3.2.7 pertaining to airports, section
				3.2.4 pertaining to floodplains, or section 3,2.10 pertaining to unstable
				areas, must close by October 9, 1996, in accordance with section 6.1 of this
				rule and conduct post-closure activities in accordance with section 6.3 of this
				rule.
6.1.1.b.B. The deadline for
				closure may be extended up to two years if the permittee can demonstrate to the
				director in writing that:
6.1.1.b.B. (a) There
				is no available alternative disposal capacity;
6.1.1.b.B. (b) There is no immediate threat
				to human health and the environment.
West Virginia Code of State Rules › Agency 47 - Water Resources, Division Of Water And Waste Management › Title 47 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESOURCES › Series 47-38 - Solid Waste Management Rule › Section 47-38-7 - Open Dumps

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1.
Prohibitions.
7.1.1. No person may
				create or operate an open dump.
7.1.2. No person may contribute additional
				solid waste to an open dump at any time.
7.1.3. Except as provided in sections 7.1.4
				and 7.1.5 of this rule, no landowner may allow an open dump to exist on his or
				her property unless such open dump is under a compliance schedule approved by
				the director.
7.1.4. An open dump
				operated prior to April 1, 1988 by a landowner or tenant for the disposal of
				solid waste generated by the landowner or tenant at his or her residence or
				farm is not deemed to constitute a violation of section 7.1.3 of this rule if
				such open dump did not constitute a violation of law on January 1, 1988.
7.1.4.a. After April 1, 1988, no additional
				solid waste may be contributed to an open dump operated by a landowner or
				tenant for the disposal of solid waste generated by the landowner or tenant at
				his or her residence or farm,
7.1.4.b. The landowner or tenant who operated
				an open dump for the disposal of solid waste generated at his or her residence
				or farm must, at a minimum, cover the accumulated waste with two (2) feet of
				topsoil.
7.1.5. An
				unauthorized dump created by unknown persons is not deemed to constitute a
				violation of section 7.1.3 of this rule and the owner of the land on which such
				dump is located is not liable for unauthorized dumping unless he refuses to
				cooperate with the division in stopping the dumping. Cooperation with the
				division may include, but is not limited to, the following:
7.1.5.a. The posting of signs stating that
				dumping is illegal;
7.1.5.b. The
				erection of fencing to surround the accumulated waste;
7.1.5.c. Surveillance of the open dumping
				areas to determine the identity of contributors to such open dumps;
7.1.5.d. The removal and keeping of certain
				indications of ownership as contemplated by W. Va. Code §
											20-7-26(b);
				or
7.1.5.e. Testimony before a
				judicial officer regarding the identity of contributors to the dump.
7.1.6. Open burning of solid waste
				is prohibited.
West Virginia Code of State Rules › Agency 47 - Water Resources, Division Of Water And Waste Management › Title 47 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESOURCES › Series 47-38C - Solid Waste Landfill Closure Assistance Program Regulations (See 1st Mod. 10/27/93) › Section 47-38C-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope and
				Purpose - This legislative rule establishes requirements for the .operation of
				the Landfill Closure Assistance Program pursuant to WV Code 20-5N-1 et seq.
				Article 5N provides an application process for the permittee, sets conditions
				for application approval, provides guidance for interim status assistance, and
				establishes a prioritization procedure for assistance. This rule applies to any
				permittee who may desire closure assistance from the Division of Environmental
				Protection.
1.2. Authority - WV
				Code § 20-5N-8
1.3. Filing
				Date - May 20, 1994
1.4. Effective
				Date - June 1, 1994
1.5. Short
				Title: Closure Assistance Program
1.6. Incorporation by Reference - Whenever
				federal or state statutes or regulations are incorporated into these
				regulations by reference, the reference is to the statute or regulation in
				effect on July 1, 1992.
West Virginia Code of State Rules › Agency 47 - Water Resources, Division Of Water And Waste Management › Title 47 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESOURCES › Series 47-38C - Solid Waste Landfill Closure Assistance Program Regulations (See 1st Mod. 10/27/93) › Section 47-38C-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Chief" means
				the chief of the Office of waste Management, Division of Environmental
				Protection or his or her authorized representative.
2.2. "Cost of project" includes the cost of
				"the services authorized in WV Code 20-5N-3 and 10, property, material and
				labor which are essential thereto, financing charges, interest during
				construction, and all other expenses, including legal fees, trustees'
				engineers' and architects' fees which are necessarily or properly incidental to
				the program;
2.3. "Director" means
				the director of the Division of Environmental Protection of the Department of
				Commerce, Labor and Environmental Resources, or his or her authorized
				representative;
2.4. "Landfill"
				means any solid waste facility for the disposal of solid waste on land, and so
				means any system, facility, land, contiguous land, improvements on the land,
				structures or other appurtenances or methods used for processing, recycling or
				disposing of solid waste, including landfills, transfer stations, resource
				recovery facilities and other such facilities not herein specified. The
				facility shall be considered to be situated, for purposes of this rule, in the
				county where the majority of the spatial area of the facility is
				located;
2.5. "Permittee" means a
				person who has or should obtain a permit for a commercial solid waste facility
				that is a landfill;
2.6. "Project"
				means the providing of closure assistance to one or more landfills under this
				rule;
2.7. The definitions provided
				in WV Code 20-5F-2, and the regulations promulgated thereunder, to the extent
				they are applicable, apply to this rule.
West Virginia Code of State Rules › Agency 47 - Water Resources, Division Of Water And Waste Management › Title 47 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESOURCES › Series 47-38C - Solid Waste Landfill Closure Assistance Program Regulations (See 1st Mod. 10/27/93) › Section 47-38C-4 - Conditions for Closure Assistance Application Approval

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The applicant must currently have in his
				or her possession a valid landfill facility permit in compliance with the Solid
				Waste Management Act (WV Code 20-5F-1, et seq. ) containing an approved closure
				plan for the landfill facility.
4.1.1. That
				landfill facility permit must contain, in the form of "major" or "minor"
				modifications, all changes in name, operation, ownership, or
				operator(s).
4.1.2. That landfill
				facility permit must contain, in the form of a modification, the landfill
				facility NPDES requirements, of the Water" Pollution Control Act (WV Code
				20-5A-1 et seq) .
West Virginia Code of State Rules › Agency 47 - Water Resources, Division Of Water And Waste Management › Title 47 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESOURCES › Series 47-38C - Solid Waste Landfill Closure Assistance Program Regulations (See 1st Mod. 10/27/93) › Section 47-38C-5 - Interim status Assistance

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1, The director may establish maintenance
				contracts to maintain intermediate cover, water control structures, sediment
				control structures, surface water and ground water monitoring, gas management,
				leachate management and any other closure related requirements of WV Code
				20-5F-1 et seq. and rules promulgated pursuant thereto. These contracts will be
				established for the purpose of assisting the permittee, who has an approved
				closure assistance application, in maintaining compliance with closure related
				requirements until final closure activities are initiated.
West Virginia Code of State Rules › Agency 47 - Water Resources, Division Of Water And Waste Management › Title 47 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESOURCES › Series 47-38C - Solid Waste Landfill Closure Assistance Program Regulations (See 1st Mod. 10/27/93) › Section 47-38C-6 - Post Closure Assistance

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Unless
				otherwise specified by the director, all post closure monitoring maintenance,
				sampling, testing, and water treatment will be conducted by the Division of
				Environmental Protection.
West Virginia Code of State Rules › Agency 47 - Water Resources, Division Of Water And Waste Management › Title 47 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESOURCES › Series 47-38C - Solid Waste Landfill Closure Assistance Program Regulations (See 1st Mod. 10/27/93) › Section 47-38C-7 - Contracting › Section 47-38C-8 - Final Closure Assistance Priority

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. The director shall establish the
				  priority for final closure assistance by assessing landfill conditions as
				  provided for by the utilization of the Priority Evaluation Matrix in Appendix
				  B.
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West Virginia Code of State Rules › Agency 47 - Water Resources, Division Of Water And Waste Management › Title 47 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESOURCES › Series 47-38D - Sewage Sludge Management Rule › Section 47-38D-1 - GENERAL

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope and
				Purpose. -- This legislative rule establishes requirements for the permitting
				siting, bonding, installation, establishment, construction, modification, and
				operation of any facility that generates, processes, recycles and/or disposes
				of sewage sludge by whatever means, including, but not limited to, land
				application, composting, incineration, mixed waste composting, or any other
				method of handling sewage sludge within the state. This rule applies to any
				person who owns or operates a sewage sludge facility or who is responsible for
				the processing or disposal of sewage sludge.
1.2. Authority -- W. Va. Code §
									22-15-20(b)
1.3. Filing Date -- May 1, 1996
1.4. Effective Date -- May 1, 1996
1.5. Incorporation by Reference -- Whenever
				federal or state statutes or regulations are incorporated into this rule by
				reference, the reference is to the statute or regulation in effect on the
				effective date of this rule.
West Virginia Code of State Rules › Agency 47 - Water Resources, Division Of Water And Waste Management › Title 47 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESOURCES › Series 47-38D - Sewage Sludge Management Rule › Section 47-38D-2 - DEFINITIONS

Current through Register Vol. XLI, No. 28, July 12, 2024
The following definitions shall apply to this rule unless
				  otherwise specified herein:
2.1.
				"Agronomic rate" means the whole sewage sludge application rate, by dry weight,
				designed:
(1) To provide the amount of
				nitrogen needed by the food crop, feed crop, fiber crop, cover crop or
				vegetation on the land; and
(2) To
				minimum the amount of nitrogen in sewage sludge that passes below the root zone
				of the crop or vegetation grown on the land to the ground water.
West Virginia Code of State Rules › Agency 47 - Water Resources, Division Of Water And Waste Management › Title 47 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESOURCES › Series 47-38D - Sewage Sludge Management Rule › Section 47-38D-3 - STANDARDS FOR USE, DISPOSAL AND PROCESSING OF SEWAGE SLUDGE

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Incorporation of Federal Regulations.
				--Federal regulations 40 CFR 503, excluding sections 503.10(b)(l) and 503.20
				through 503.29 inclusive, in effect on the effective date this rule, are hereby
				fully incorporated and implemented as a part of these sewage sludge management
				regulations promulgated under the authority of W. Va. Code §
									22-15-20,
				Provided, That in instances where similar provisions exist, the more stringent
				requirements (state or federal) shall apply,
3.2.Sewage Sludge Land Application Siting
				Restrictions and Location Standards.
3.2.1.
				Sludge will not be applied to land that meets any of the following conditions:
3.2.1.a. Land that is frozen, snow-covered,
				or known to be flooded on a regular basis unless the applicant can demonstrate
				to the Director that the land application will not cause runoff into streams or
				wetlands,
3.2.1.b. Land within 50
				feet of surface water to include streams,
springs, ponds, wetlands, or other collection points for
				  surface water.
3.2.1.c. Land
				within 200 feat of drinking water supply wells or other personal water
				supply,
3.2.1.d. Land within 200
				feet of an occupied dwelling.
3.2.1.e. Land within 50 feet of a federal or
				state highway,
3.2.1.f Land within
				100 feet of an adjacent property owner's property line.
3.2.1.g. Land from which drainage leads into
				a sinkhole.
3.2.1.h. Land that has
				been tested and determined to have a pH of less than 6.2, unless the pH is
				adjusted to 6.2 or greater
3.2.1.i.
				Land that has a slope greater than 15%,
3.2.1.j. Land that has a seasonal high
				groundwater table less than 2 feet from the surface.
3.2.1.k. Land that has less than 6 inches of
				soil over bedrock or an impervious pan.
3.2.1.l. Land containing soil with surface
				permeability of less than 0.6 inches/hour or greater than 6
				inches/hour.
West Virginia Code of State Rules › Agency 47 - Water Resources, Division Of Water And Waste Management › Title 47 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESOURCES › Series 47-38D - Sewage Sludge Management Rule › Section 47-38D-4 - PERMITS REQUIRED

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.Applicability.
4.1.1. No person may construct or operate a
				sewage sludge processing facility (including mixed waste composting facilities
				which utilize sewage sludge) or a commercial solid waste facility which
				processes or handles sewage sludge or materials derived from sewage sludge
				without first obtaining a solid waste facility permit; Provided, That land upon
				which sewage sludge is applied is not a solid waste facility,
4.1.2. On and after the effective date of
				this rule, all permitted facilities shall submit an application to modify such
				permit.
4.1.3. No person may land
				apply sewage sludge without first obtaining a land application permit;
				provided, That land application permit requirements may be incorporated into a
				modification of a facility's WV7NPDES permit required under W. Va. Code
				§22-11.
4.1.4. For those
				publicly owned treatment works (POTW's) which produce sewage sludge and are
				regulated by the Division pursuant to an WV/NPDES permit required under W. Va.
				Code §22-11 a sewage sludge processing Facility modification will be
				obtained by the applicant as a part of the existing WV/NPDES permit and shall
				include a sewage sludge management plan approved by the Chief of the Office of
				Water Resources of the Division.
4.1.5. Facilities which are surface disposal
				sites as defined in 40 CFR 503, Subpart C, are hereby defined as "landfills"
				and must meet all requirements of 47 CSR 38 applicable to landfills.
4.1.6. Permits issued under paragraph 4.1,1
				of this rule, shall be subject to the provisions of 47 CSR 38, section 3
				(excluding the provisions for Liner Requirements) and the closure requirements
				of 47 CSR 38, section 6.
4.1.7.
				Permits issued under paragraph 4.1,4. of this rule, shall be subject to the
				permit issuance procedures, procedures for permit modifications, suspension and
				revocation, procedures for transfer of permits, and the procedures for permit
				appeals of 47 CSR 10 and are not subject to the procedures outlined in 4,1.5,
				4.1.6. and 4.1,8 of this rule.
4.1.8. Permits issued under paragraph 4.1.5,
				of this rule, shall be subject to the procedures of 47 CSR 38 section 3 and the
				closure requirements of 47 CSR 38 section 6,
4.1.9 Permits issued under paragraph 4.1.3 of
				this rule except for land application modifications made in WV/NPDES permits
				under paragraph 4.1.4 of this rule shall be subject to the permit issuance
				procedures (subsections 3.17 through 3.29 inclusive) of 47 CSR 38 and are not
				subject to the procedures outlined in paragraphs 4.1.5, 4.1,6 and 4,1.8 of this
				rule,
West Virginia Code of State Rules › Agency 47 - Water Resources, Division Of Water And Waste Management › Title 47 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESOURCES › Series 47-38D - Sewage Sludge Management Rule › Section 47-38D-5 - GENERAL, PROCESSING FACILITY, AND LAND APPLICATION PERMIT REQUIREMENTS

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Permit General
				Requirements. --All permits issued pursuant to this rule shall contain the
				following:
5.1.1. Any requirement of 40 CFR
				503, including but not limited to;
5.1.1.a.
				Limitations on the concentrations of pollutants (heavy metals), toxins, vectors
				and pathogens in the sewage sludge or sewage sludge products;
5.1.1.b. Requirements relative to monitoring
				sewage sludge and sewage sludge product quality and reporting the results of
				those analyses for pH, percent solids, organic nitrogen, potassium, phosphorus,
				calcium, magnesium, total nitrogen, ammonia nitrogen, pathogen test results,
				vector attraction verification; and all heavy metals listed in Table 1 of this
				rule except that the frequency of monitoring shall be as described in Appendix
				A of this rule
5.1.1.c.
				Requirements relative to reporting and certification;
5.1.1.d. Requirement to pay fees as
				identified in section 6 of this rule;
5.1.1.e. Requirements for the proper
				collection, control and disposal of leachate and storm water runoff for the
				protection of ground and surface waters;
5.1.1.f. Requirements to retain records for
				the facility for a minimum of five years;
5.1.1
				.g. Requirements to monitor and report monthly to the Division the
				quantity of sewage sludge produced or imported and the specific source of the
				sewage sludge produced or imported;
5.1.1
				.h. Requirements not to exceed a commercial solid waste facility's
				tonnage limits, where applicable;
5.1.1.i. Requirements to provide copies of
				monthly reports to the county' or regional solid waste authority in which the
				facility or land application site(s) is located;
5.1.1.J. Any other requirements, including
				additional monitoring, determined to be necessary by the Director to insure
				compliance with state and federal regulations,
West Virginia Code of State Rules › Agency 47 - Water Resources, Division Of Water And Waste Management › Title 47 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESOURCES › Series 47-38D - Sewage Sludge Management Rule › Section 47-38D-6 - FEE AND BONDING REQUIREMENTS

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Applicability .--Any producer or
				importer of sewage sludge for land application shall be subject to
				non-refundable fees, as described herein, which shall be used to cover the
				costs of the sewage sludge management program. The fees established herein in
				paragraphs 6.4.1 and 6.4.2 of this rule shall be assessed on forms prescribed
				by the Chief of the Office of Water Resources of the Division and shall be paid
				to said chief quarterly.
6.2. Water
				Quality Management, Fund. Fees collected for land application shall be
				deposited in the special revenue fund designated the "Water Quality Management
				Fund" established under the provisions of W.Va, Code § 22-1 l-IO except as
				otherwise specified herein.
6.3.
				Bonding--The Director may require a surety bond, deposit or similar instrument
				in an amount sufficient to cover the cost of future environmental remediation
				from producers and importers of sewage.
6.4. Fee Assessments.
6.4.1. Producers and importers of sewage
				sludge or material derived from sewage sludge for land application shall be
				assessed a sewage sludge rnanagement program fee calculated as 85.00 per actual
				ton of sludge times the proportion of solids in the sludge for sludge with
				maximum metals concentrations not exceeding those listed in Table 1 of this
				rule.
6.4.2. All sewage sludge
				placed in, or upon, or used by a solid waste facility or processed or handled,
				pursuant to a permit issued by the Division, shall be subject to the same
				tipping arid other fees as levied on the disposal of solid waste under W. Va.
				Code § 22; Provided, That no such fees, excepting assessment fees required
				by this section, shall be levied upon the application of sewage sludge to land
				outside a solid waste facility in accordance with the statute and this
				rule.
6.4.3. Fees generated
				pursuant to paragraph 6.4.1 shall be reviewed periodically by the Director and
				shall be adjusted as necessary to assure that total collections shall not
				exceed $200,000 per year.
West Virginia Code of State Rules › Agency 47 - Water Resources, Division Of Water And Waste Management › Title 47 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESOURCES › Series 47-38G - Waste Tire Management Rule › Section 47-38G-1 - GENERAL

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1.
PURPOSE, SCOPE AND APPLICABILITY.
1.1.1.
Purpose.
This rule is
				intended to meet the requirements of Chapter 20, Article 11, Section 8(c), as
				amended. That section directed the division of environmental protection to
				promulgate rules, in accordance with the solid waste management board plan
				established under Chapter 20, Article 11, Section 8(b) to properly handle and
				manage waste tires and used tires.
1.1.2.
Scope.
This legislative
				rule establishes requirements for the proper handling and management of waste
				tires and used tires including permitting and reporting procedures pertaining
				to any facility or activity that generates, processes, or otherwise reuses or
				recycles tires by whatever means.
1.1.3.
Applicability.
This rule
				applies to any person. or persons who manage, collect, store, transport,
				recycle, process, dispose or otherwise handles waste tires and used tires after
				June 1, 1995. in the State of West Virginia, except as provided in section 3.1
				of this rule.
West Virginia Code of State Rules › Agency 47 - Water Resources, Division Of Water And Waste Management › Title 47 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESOURCES › Series 47-38G - Waste Tire Management Rule › Section 47-38G-3 - WASTE TIRE MANAGEMENT AND PERMITTING REQUIREMENTS

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
APPLICABILITY.
3.1.1.
Regulated Facilities and
				Activities.
This rule applies to any person or persons who generate,
				collect, transport, store, process, reuse, dispose, or otherwise manage waste
				tires and used tires after June 1, 1996, in the State of West
				Virginia.
3.1.2.
Penalties.
Any person who willfully or negligently violates the
				provisions of the "Solid Waste Management Act"; Chapter 22, Article 15, or any
				permit or order issued pursuant to Article 15 or rule pursuant to 47 CSR 38G is
				subject to the same criminal penalties as set forth in Chapter 22, Article 11,
				Section 24.
3.1.3.
Reasonable and Necessary Exceptions to Prohibiting Tire Material from Disposal
				in Landfills.
Reasonable and necessary exceptions to the prohibition of
				depositing waste tires in a solid waste facility, which will occur on June 1,
				1996 are provided and allowed by Chapter 20, Article 11, Section 8(a). These
				exceptions include:
3.1.3.a.
Waste
				Tire Monofills.
Monofills offer the advantage of providing a long terra
				storage site for waste tires or tire derived material, while minimizing the
				risk of vector attraction, fire and leachate generation until such time that
				markets are further developed for reuse and recycling.
3.1.3.b.
Alternative Daily
				Cover.
Tire derived material may be substituted for daily cover material
				at solid waste facilities not to exceed an application frequency of two
				consecutive days: Provided, however, that the substitution for daily cover
				material shall be exempt from the monthly tonnage limits imposed on
				landfills.
3.1.3.c.
Reuse as
				Select Waste.
Tire derived material may be beneficially reused as a
				substitute material for the first eight (8) feet, of select solid waste by
				being placed on the protective cover of the composite liner system and shall be
				exempt from the state solid waste assessment fee and monthly tonnage limit
				imposed on landfills when beneficially reused for this purpose: Provided/
				however, that the permittee is required to keep daily logs and include in the
				monthly tonnage report the amount (tonnage) of tire derived material
				beneficially reused for this purpose.
3.1.4.
Prohibitions.
Temporary
				containment or long terra storage of waste tires is prohibited and is deemed
				unlawful disposal and shall constitute an open dump, unless such temporary
				containment or long term storage is conducted in strict accordance with the
				provisions of this rule.
West Virginia Code of State Rules › Agency 47 - Water Resources, Division Of Water And Waste Management › Title 47 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESOURCES › Series 47-40B - Hazardous Waste Emergency Response Fund Regulations Interpretive Rules Concerning Fee Assessment › Section 47-40B-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- The
				purpose of these regulations is to provide interpretations for implementing the
				power, duties, and responsibilities vested in the director pursuant to Chapter
				20, Article 6G of the West Virginia Code as they relate to the assessment of
				hazardous waste generator fees.
1.2. Authority. -- W. Va. Code §§
				20-5G-5(d) and 19A-3.
1.3.
				Applicability. -- The regulations in this series provide interpretations for
				generators of hazardous waste. The Hazardous Waste Emergency Response Fund
				requires generators to pay a fee based upon the amount of hazardous waste
				generated as reported to the director in the generator's most recent annual
				report submitted pursuant to the Hazardous Waste Management Act.
1.4. Filing Date. -- April 14,1987
1.5. Effective Date. -- May 14,1987
1.6. Incorporation By Reference.
				-- Whenever either federal statutes or regulations or State statutes or
				regulations are incorporated by reference into these regulations, the reference
				is to the statute or regulation in effect on the date of enactment of the
				legislation authorizing these regulations.
1.7. Promulgation History. -- Legislative
				rules on this subject were originally promulgated on May 9, 1985 on an
				emergency basis. Such rules expired on November 9,1985. The current
				interpretive rules were filed on April 14,1987 and became effective on May 14,
				1987.
West Virginia Code of State Rules › Agency 47 - Water Resources, Division Of Water And Waste Management › Title 47 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESOURCES › Series 47-40B - Hazardous Waste Emergency Response Fund Regulations Interpretive Rules Concerning Fee Assessment › Section 47-40B-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Annual
				Report" means that report required to be submitted to the chief pursuant to the
				annual reporting requirements of the DNR Hazardous Waste Management
				Regulations, Section 6.4.2.
2.2.
				"Chief means the chief of the Division of Waste Management of the Department of
				Natural Resources.
2.3. "Generator"
				means any person, corporation, partnership, association, or other legal entity,
				by site location, whose act or process produces hazardous waste as identified
				or listed by the director in regulations promulgated pursuant to Section 6 of
				Chapter 20, Article 5E of the West Virginia Code in an amount greater than
				twelve thousand kilograms (12,000 kg) per year.
2.4. "HWERF" or "The Act" means the Hazardous
				Waste Emergency Response Fund, Chapter 20, Article 5G of the West Virginia
				Code.
2.5. "HWMA" means the
				Hazardous Waste Management Act, Chapter 20, Article 5E of the West Virginia
				Code.
2.6. "HWMR" or "DNR Hazardous
				Waste Management Regulations" means West Virginia Administrative Regulations,
				Department of Natural Resources, Series 35, promulgated pursuant to Chapter 20,
				Article 5E of the West Virginia Code.
2.7. "Series 40A" means West Virginia
				Administrative Regulations, Department of Natural Resources, Series 40A,
				Hazardous Waste Emergency Response Fund Regulations, Procedural Rules
				Concerning Fee Assessment.
2.8. All
				other terms shall have the meaning as prescribed in the DNR Hazardous Waste
				Management Regulations and Chapter 20, Article 5G of the West Virginia
				Code.
West Virginia Code of State Rules › Agency 47 - Water Resources, Division Of Water And Waste Management › Title 47 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESOURCES › Series 47-40B - Hazardous Waste Emergency Response Fund Regulations Interpretive Rules Concerning Fee Assessment › Section 47-40B-3 - List Of Provisions And Issues Interpreted

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Hazardous wastes not subject to fee
				assessment under Chapter 20-5G-4(a) of the West Virginia Code (Section 4).
3.1.1. Exclusion of discharges to the waters
				of the State of hazardous wastes pursuant to a valid water pollution control
				permit issued under federal or State law (Section 4.2.1.).
3.1.2. Exclusion of hazardous wastes which
				are hazardous wastes based solely on the characteristic of corrosivity and
				which are subjected to on-site elementary neutralization in containers or tanks
				(Section 4.2.2). (Reserved).