reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 54 - Solid Waste Management Board › Title 54 - LEGISLATIVE RULE SOLID WASTE MANAGEMENT BOARD › Series 54-04 - The Development Of Commercial And Solid Waste Facility Siting Plans › Section 54-4-4 - Required Format of Commercial Siting Plan

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Required Format. -- In addition to the information required in section 5 of this rule, each plan submitted shall include:
4.1.a. A cover sheet which includes the name of the authority, the title of the plan, and the signature of the chairman of the authority;
4.1.b. A forward or preface which includes the purpose of the plan;
4.1.c. A table of contents indicating the major subdivisions of the plan;
4.1.d. A brief summary of the plan and its procedures, its methodology, and its conclusions;
4.1.e. The solid waste facility zones;
4.1.f. The rationale for establishing these zones;
4.1.g. The published announcement of all public hearings;
4.1.h. A brief summary of public comments and a statement describing how the authority responded to the public comments; and
4.1.i. Appropriate highway and topographical maps.
West Virginia Code of State Rules › Agency 54 - Solid Waste Management Board › Title 54 - LEGISLATIVE RULE SOLID WASTE MANAGEMENT BOARD › Series 54-04 - The Development Of Commercial And Solid Waste Facility Siting Plans › Section 54-4-5 - Required Content of Commercial Siting Plan

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. General Information. -- The plan shall include the following general information:
5.1.a. A description of the purposes and objectives to be met by the plan within a period of twenty (20) years.
5.1.b. The provisions of the comprehensive litter and solid waste control plan, as submitted to the Board pursuant to W. Va. Code '22C-4-8, regarding collection and disposal of solid waste and the requirements, if any, for additional commercial solid waste landfill and transfer station capacity.
West Virginia Code of State Rules › Agency 54 - Solid Waste Management Board › Title 54 - LEGISLATIVE RULE SOLID WASTE MANAGEMENT BOARD › Series 54-04 - The Development Of Commercial And Solid Waste Facility Siting Plans › Section 54-4-6 - Review and Amendment Process

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Each authority shall review the plan for its county or region every five (5) years. A
public hearing on any amendments must be held in the same manner as outlined in section 7 of this rule. Any changes or amendments necessary shall be submitted to the Board for approval.
6.2. At the time of the five-year review, the authority shall, in addition to any other amendments considered necessary, extend the period of time covered by the plan to include the next twenty (20) years following the five-year review date.
6.3. The plan may be amended at any time by the county or regional authority which originated the plan. Amendments must meet all requirements of the original plan, including that of holding a public hearing as detailed in section 7 of this rule. No amendments may become effective until approved by the Board in the same manner as the original plan.
6.4. Upon application from any person or group, the authority may amend the siting plan by redesignating a zone or any portion of a zone.
6.4.a. In such case, the person seeking the change has the burden to affirmatively and clearly demonstrate, based on all of the criteria set forth in subsection 5.3 of this rule, that the requested redesignation is appropriate and proper, and that any solid waste facility sited at such location could be appropriately operated in the public interest.
6.4.b. In order to make such demonstration, the person seeking the change shall make whatever examination is necessary and submit specific detailed information to the authority relating to the criteria in subsection 5.3 of this rule.
West Virginia Code of State Rules › Agency 54 - Solid Waste Management Board › Title 54 - LEGISLATIVE RULE SOLID WASTE MANAGEMENT BOARD › Series 54-04 - The Development Of Commercial And Solid Waste Facility Siting Plans › Section 54-4-7 - Public Participation Process

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Public Notice and Hearing.
7.1.a. After submission of the draft plan to the Board, the authority shall publish notice and conduct at least one public hearing in each county affected to solicit ideas, opinions, and comments concerning the plan from the general public.
7.1.b. The authority shall publish notice of the hearing at least thirty (30) days in advance of the hearing as a Class I legal advertisement published in a qualified newspaper, as defined in W. Va. Code '59-3-1, serving the county or counties, as appropriate, and by posting the public notice at the appropriate county courthouse or courthouses.
7.1.c. A copy of the public notice of the hearing shall be mailed to those persons requesting to be placed on a mailing list to be maintained by the authority.
7.1.d. The public notice shall include the date, time, and place scheduled for the public hearing; an invitation for written and oral comments; an address to which comments may be mailed; and, the locations in the area where a copy of the draft plan is available for public review.
7.1.e. The authority shall consider the public comments received at the public hearing, and shall record the proceedings of the hearing by mechanical means, and such recording and a copy of all written comments received and a written summary of the proceedings shall be retained by the authority for a period of three (3) years from the date of the public hearing.
7.1.f. At the public hearing, reasonable limits may be set upon the time allowed for oral statements. The submission of written comments shall be extended to ten (10) days after the public hearing date.
West Virginia Code of State Rules › Agency 54 - Solid Waste Management Board › Title 54 - LEGISLATIVE RULE SOLID WASTE MANAGEMENT BOARD › Series 54-05 - Rules And Regulations For The Disbursement Of Grants To Solid Waste Authorities › Section 54-5-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- The purpose of this rule is to provide interpretation and guidance concerning the awarding of grants to county and regional solid waste authorities for use in carrying out the purposes of W. Va. Code §
									22C-4-1 et seq.
1.2. Authority. -- W. Va. Code §§
									22C-3-6 and 22C-4-30.
1.3. Filing Date. -- April 10, 2002.
1.4. Effective Date. -- April 15, 2002.
West Virginia Code of State Rules › Agency 54 - Solid Waste Management Board › Title 54 - LEGISLATIVE RULE SOLID WASTE MANAGEMENT BOARD › Series 54-05 - Rules And Regulations For The Disbursement Of Grants To Solid Waste Authorities › Section 54-5-3 - Application for Grants

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Any eligible solid waste authority which desires to participate in the program shall make an application to the Board on prescribed forms as published in the grant application package. One form may be used to apply for separate projects.
3.2. Applications must include a description of the proposed project, a detailed project budget, properly executed and signed resolution authorizing the application, and all other documentation as prescribed in the grant application package. All required documentation must be signed by the chairperson(s) of the authority or authorities where indicated.
3.3. Grant applications must be received by the Board no later than April 30 to be considered at its July meeting. The Board may consider grant applications or revisions for emergency or extraordinary purposes at any time at its sole discretion.
3.4. Incomplete applications will not be considered; they will be marked "incomplete" and returned to the applicant. Applications that fulfill all requirements may be resubmitted within the original filing deadline.
3.5. Grants will be awarded to solid waste authorities for the purchase of equipment, materials, services, land, and buildings used on behalf of the authority. Grant monies cannot be passed on to a third party. Equipment, buildings, and land purchased with grant funds may be leased to other solid waste authorities or other parties provided that such lease will directly assist in the implementation of Comprehensive Litter and Solid Waste Control Plan goals, objectives, and recommendations. Title to equipment, buildings, and land purchased with grant funds must remain with the solid waste authority unless otherwise approved by the Board. Grants will not be given for construction or improvements to facilities on property which is not owned by the authority.
3.6. The applicant will be notified in writing within a reasonable period of time of approval or disapproval of the grant. Approval or disapproval of the grant will be determined by the Board after consideration of the factors listed under §
									54-5-7 of this rule.
West Virginia Code of State Rules › Agency 54 - Solid Waste Management Board › Title 54 - LEGISLATIVE RULE SOLID WASTE MANAGEMENT BOARD › Series 54-05 - Rules And Regulations For The Disbursement Of Grants To Solid Waste Authorities › Section 54-5-5 - Personnel Qualifications

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The applicant must document within the application that it has, or will secure, personnel with the necessary qualifications and experience required to perform the services under this grant award. Such personnel shall not be employees of or have any contractual relationship with the Solid Waste Management Board.
5.2. The grant may not be used to replace existing personnel currently being provided by the local government.
West Virginia Code of State Rules › Agency 54 - Solid Waste Management Board › Title 54 - LEGISLATIVE RULE SOLID WASTE MANAGEMENT BOARD › Series 54-05 - Rules And Regulations For The Disbursement Of Grants To Solid Waste Authorities › Section 54-5-7 - Authorized Use of Grant Funds and Factors Considered in Evaluating Applications

Current through Register Vol. XLI, No. 28, July 12, 2024
Applicants may request grant money to be used for any of the purposes under W. Va. Code §
									22C-4-1 et seq. The project should be consistent with the local authority's Comprehensive Litter and Solid Waste Control Plan and the state Solid Waste Management Plan.
7.1. The Board will consider all projects which are consistent with the Authority's statutory responsibilities for the purpose of W. Va. Code §
									22C-4-1 et seq. Consideration will also be given to a balance in funding for programs and personnel to support the programs. The Board will give preference to grant projects and the computer hardware and software needed to achieve or enhance program or project objectives such as:
7.1.1. Source reduction in toxicity or volume.
7.1.2. Reuse of materials with little or no processing.
7.1.3. Recycling, composting, processing, and marketing of recovered materials.
7.1.4. Mandatory disposal, open dump cleanup and litter control.
7.1.5. Transfer stations.
7.1.6. Landfills and other solid waste facilities.
7.1.7. Administrative costs (ie. salary, operations and maintenance, administrative equipment) for any of the above items or other projects.
7.1.8. Projects for the development, purchase, or delivery of educational materials, programs, or seminars. Applicants are encouraged to use existing educational information, programs, and seminars available from other sources.
West Virginia Code of State Rules › Agency 54 - Solid Waste Management Board › Title 54 - LEGISLATIVE RULE SOLID WASTE MANAGEMENT BOARD › Series 54-05 - Rules And Regulations For The Disbursement Of Grants To Solid Waste Authorities › Section 54-5-8 - Grant Withdrawal and Penalty

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. The Board reserves the right to withdraw a grant upon determination of unsatisfactory compliance with these rules, the specifications in the grant document, or the grant application.
8.2. Failure to commence program activities within ninety (90) days after receiving funding from the Board may result in cancellation of the grant.
8.3. Failure to expend twenty percent (20%) of the grant funds within the first semi-annual period of the grant may result in cancellation of the grant and a recall of all funds plus any accrued interest.
8.4. The applicant shall not use grant monies to fund lobbying activities. Use of grant funds for this purpose will result in cancellation of the grant and a recall of all funds plus any accrued interest.
8.5. The Board reserves the right to conduct an on-site inspection of the applicant's facilities related to the grant, and to conduct an audit of an applicant's program records during or after the grant period. The applicant shall retain all financial records, statistical records, and all other documents relating to the grant for a period of three (3) years from the end of the grant period or until audited, whichever is later.
West Virginia Code of State Rules › Agency 54 - Solid Waste Management Board › Title 54 - LEGISLATIVE RULE SOLID WASTE MANAGEMENT BOARD › Series 54-05 - Rules And Regulations For The Disbursement Of Grants To Solid Waste Authorities › Section 54-5-9 - Reporting Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Semi-annual reports. - Semi-annual reports shall be submitted to the Board on a semi-annual basis within fifteen (15) working days of the end of the six-month period and shall contain the following information:
9.1.1. A detailed listing of all funds expended or received during the semi-annual period with copies of: invoices, purchase orders, cancelled checks, and bank statements; titles evidencing ownership for all equipment and materials purchased; contracts, employment and bid advertisements, all bids received and service agreements; time sheets, payrolls, tax payments and reports; and, any other information deemed pertinent to the grant by the Board.
9.1.2. The balance of the grant monies remaining.
9.1.3. The percentage of the project completed to date. Specify the progress that has been made and any problems which have been encountered.
West Virginia Code of State Rules › Agency 54 - Solid Waste Management Board › Title 54 - LEGISLATIVE RULE SOLID WASTE MANAGEMENT BOARD › Series 54-05 - Rules And Regulations For The Disbursement Of Grants To Solid Waste Authorities › Section 54-5-10 - Management of Grant

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. The applicant shall establish a separate interest bearing checking account through which all grant project-related financial transactions, and only those transactions, shall take place. Grant monies shall be deposited into this dedicated account immediately upon receipt.
10.2. The applicant shall return to the Board all unexpended funds remaining at the end of the grant period, unless the Board finds good cause to waive this requirement. Such unexpended funds, including all accrued interest, must be returned to the Board within sixty (60) days following the end of the grant period.
West Virginia Code of State Rules › Agency 54 - Solid Waste Management Board › Title 54 - LEGISLATIVE RULE SOLID WASTE MANAGEMENT BOARD › Series 54-05 - Rules And Regulations For The Disbursement Of Grants To Solid Waste Authorities › Section 54-5-11 - Disposition of Equipment

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. Disposition of equipment purchased with grant funds, in whole or in part, requires prior Board approval.
11.2. The Board reserves the right to conduct on-site inspections of all equipment purchased with grant funds.
West Virginia Code of State Rules › Agency 54 - Solid Waste Management Board › Title 54 - LEGISLATIVE RULE SOLID WASTE MANAGEMENT BOARD › Series 54-05 - Rules And Regulations For The Disbursement Of Grants To Solid Waste Authorities › Section 54-5-12 - General Conditions and Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. The proposed project shall be designed to affect a significant and measurable reduction in the solid waste stream.
12.2. If applicable, all grant proposals shall include an analysis and projection of materials that will be diverted from the solid waste currently being landfilled and the costs and/or savings that will directly result from the proposed project.
12.3. If applicable, project proposals shall include a plan to identify markets able to handle the projected volumes of materials to be collected and demonstrate the cost effectiveness and self-sufficiency of the proposed project.
12.4. Grant recipients may request a revision to their grant budget only after approval by the Solid Waste Authority's Board and only if it does not materially alter the original grant proposal approved by the Board.
12.5. Grant recipients will include in their final report an analysis of the project including any or all of the following when it applies: total volume (tons) of waste diverted from the solid waste stream, the estimated cost per ton to recycle that volume, the estimated revenue per ton of recycled material, and the estimated savings from recycling in lieu of landfilling.
West Virginia Code of State Rules › Agency 54 - Solid Waste Management Board › Title 54 - LEGISLATIVE RULE SOLID WASTE MANAGEMENT BOARD › Series 54-06 - Performance Measures And Review Standards For Solid Waste Authorities Operating Commercial Solid Waste Facilities › Section 54-6-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This legislative rule establishes a system for performance reviews and measures to be conducted by the West Virginia Solid Waste Management Board. The Board shall conduct a biennial performance review of a county and regional solid waste authority that operates a commercial solid waste facility to gauge the productivity and operational health of the authority. The Board shall also conduct a biennial performance review of each commercial solid waste facility operated by a county or regional solid waste authority to promote accountability, support effective and efficient facility operations and identify serious impairments of the facility.
1.2. Authority. -- W. Va. Code §§
									22C-3-26, 22C-4-9a(d), and 22C-4-9a(g).
1.3. Filing Date. -- April 10, 2008.
1.4. Effective Date. -- July 1, 2008.
1.5. Incorporation by Reference.
West Virginia Code of State Rules › Agency 54 - Solid Waste Management Board › Title 54 - LEGISLATIVE RULE SOLID WASTE MANAGEMENT BOARD › Series 54-06 - Performance Measures And Review Standards For Solid Waste Authorities Operating Commercial Solid Waste Facilities › Section 54-6-3 - Performance Measures for Accountability

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Written quarterly reports shall be submitted to the Board by a solid waste authority operating a commercial solid waste facility on forms provided by the Board. The performance measurement report shall include, but is not limited to, accurate information in the areas of regulatory and statutory compliance, financial records, business operations management, number of full and part-time employees, job titles, program outcomes and outputs. A solid waste authority shall provide the performance measurement data, based on a calendar year's quarter, by the last day of the month following each quarter. Data shall be submitted more frequently if required by the Board. The last quarterly report of each calendar year shall also include a copy of the solid waste facility's annual operating report required by 33 CSR 1-4.12.g.
West Virginia Code of State Rules › Agency 54 - Solid Waste Management Board › Title 54 - LEGISLATIVE RULE SOLID WASTE MANAGEMENT BOARD › Series 54-06 - Performance Measures And Review Standards For Solid Waste Authorities Operating Commercial Solid Waste Facilities › Section 54-6-4 - Performance Review

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. A performance review by the Board shall be conducted at least once every two years of each county and regional solid waste authority that operates a commercial solid waste facility. The review shall benchmark both the performance of the county or regional solid waste authority and its commercial solid waste facility. Provided that the performance review shall not duplicate areas of environmental regulatory oversight performed by the Department of Environmental Protection
4.1.a. Notification - The director will send a standard letter notifying the county or regional solid waste authority of the upcoming performance review. The letter should include:
4.1.a.1. Statutory and regulatory authority for conducting the review;
4.1.a.2. A request to hold an entrance conference;
4.1.a.3. Identification of assigned Board staff; and
4.1.a.4. A request for advanced information such as an organizational chart, bylaws, policies and procedures, annual operations report, budgetary documents, minutes of solid waste authority board meetings, etc.
West Virginia Code of State Rules › Agency 54 - Solid Waste Management Board › Title 54 - LEGISLATIVE RULE SOLID WASTE MANAGEMENT BOARD › Series 54-06 - Performance Measures And Review Standards For Solid Waste Authorities Operating Commercial Solid Waste Facilities › Section 54-6-5 - Benchmarking

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. In order to evaluate and determine performance of a solid waste authority and its commercial solid waste facility, benchmarks will be used in, but not limited to, the following areas:
5.1.a. Compliance with all applicable federal, state and local laws, codes, ordinances, rules and regulations.
5.1.b. Financial accountability including but not limited to examinations on financial records, loan payments, and debt leveraging.
5.1.c. General business procedures, safety and training programs.
West Virginia Code of State Rules › Agency 54 - Solid Waste Management Board › Title 54 - LEGISLATIVE RULE SOLID WASTE MANAGEMENT BOARD › Series 54-06 - Performance Measures And Review Standards For Solid Waste Authorities Operating Commercial Solid Waste Facilities › Section 54-6-6 - Performance Review Categories

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Each member of the solid waste authority's board of directors shall receive a copy of the final performance review, which shall identify any impairments that exist requiring corrective action by the solid waste authority. Based upon the final performance review the solid waste authority and its commercial solid waste facility shall be placed in one of the following categories:
6.1.a. "Satisfactory," when the Board determines that the solid waste authority's performance and progress allows for a efficient and effective operation.
6.1.b. "Impaired," when the Board determines that any operational, financial, managerial or other practice by the solid waste authority, diminishes the current or future efficient and effective operation of the authority's commercial solid waste facility.
6.1.c. "Seriously Impaired," when the Board determines that any operational, financial, managerial or other practice by the solid waste authority, has adversely affected the current or future efficient and effective operation of the solid waste authority's commercial solid waste facility.
West Virginia Code of State Rules › Agency 54 - Solid Waste Management Board › Title 54 - LEGISLATIVE RULE SOLID WASTE MANAGEMENT BOARD › Series 54-06 - Performance Measures And Review Standards For Solid Waste Authorities Operating Commercial Solid Waste Facilities › Section 54-6-7 - Process for Correcting Impairments

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. A solid waste authority placed in a category of impaired or seriously impaired shall correct the impairments within ninety (90) days after receiving the final performance review which begins the intervention process. Any impairment to be corrected shall not duplicate or conflict with regulatory oversight performed by the Department of Environmental Protection. Provided, That prior to correction the director may require the solid waste authority to employ an appropriate professional such as an engineer, accountant or planner to make strategic recommendations for remedy. Upon written request of the solid waste authority's board, the Board may determine that extraordinary circumstances necessitate an extension of time to correct serious impairments. Provided, However, the Board or its director as part of the intervention process may at any time require but is not limited to the following:
7.1.a. Appoint a team of improvement consultants specific to the area of impairment(s) to conduct on-site reviews and make strategic recommendations toward remedy of serious impairments.
7.1.a.1. The team of improvement consultants may include representatives from the Board, solid waste authority, Department of Environmental Protection, Public Service Commission, State Auditor's Office and if deemed necessary by the Board, representatives from the private sector.
7.1.a.2. Costs associated with representatives from the private sector to be the responsibility of the solid waste authority.
West Virginia Code of State Rules › Agency 54 - Solid Waste Management Board › Title 54 - LEGISLATIVE RULE SOLID WASTE MANAGEMENT BOARD › Series 54-06 - Performance Measures And Review Standards For Solid Waste Authorities Operating Commercial Solid Waste Facilities › Section 54-6-8 - Supersedure over Solid Waste Authorities

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. The Board may by resolution supersede and exercise, in part or whole, the powers granted to only county or regional solid waste authorities that operate commercial solid waste facilities as provided by W. Va Code §
									22C-3-26 which are impaired or seriously impaired, following the 90-day improvement period.
8.2. Actions of the Board supersede those powers granted to such solid waste authorities. Provided, That nothing in this rule relieves the solid waste authority of its legal duties, obligations or liabilities incident to the ownership or operation of its solid waste facility.
West Virginia Code of State Rules › Agency 55 - State Emergency Response Commission › Title 55 - LEGISLATIVE RULE STATE EMERGENCY RESPONSE COMMISSION › Series 55-01 - Emergency Planning And Community Right-To-Know › Section 55-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1
				Scope. -- This rule establishes fees the implementation of Title III
				of the Superfund Amendments and Reauthorization Act of 1986 and W.
				Va. Code §
									15-5A-1 et seq. for the collection of public of
				information on certain hazardous and toxic chemicals in communities
				throughout West Virginia.
1.2. Authority. -- W. Va. Code
				§
									15-5A-5.
1.3.
				Filing Date. -- May 12, 2021.
1.4. Effective Date. -- July 1,
				2021.
1.5 Sunset
				Provision. -- This rule shall terminate and have no further force or
				effect on July 1, 2026.
West Virginia Code of State Rules › Agency 55 - State Emergency Response Commission › Title 55 - LEGISLATIVE RULE STATE EMERGENCY RESPONSE COMMISSION › Series 55-01 - Emergency Planning And Community Right-To-Know › Section 55-1-3 - Reporting by Covered Facilities

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The owner or operator of a
				facility shall prepare and submit MSDS or list of MSDS chemicals to
				the SERC, the LEPC and the local fire department with jurisdiction
				over the facility containing the information required by and in
				accordance with Section 311 of Title III,  42 U.S.C. 11021.
3.2. The owner or operator of a
				facility shall prepare and submit hazardous chemical inventory forms
				to the SERC, the LEPC and the local fire department with jurisdiction
				over the facility containing the information required by and in
				accordance with Section 312 of Title III,  42 U.S.C. 11022.
3.3. The owner or operator of a
				facility shall prepare and submit toxic chemical release forms to die
				SERC as required by and in accordance with Section 313 of Title III,
				 42 U.S.C. 11023.
West Virginia Code of State Rules › Agency 55 - State Emergency Response Commission › Title 55 - LEGISLATIVE RULE STATE EMERGENCY RESPONSE COMMISSION › Series 55-01 - Emergency Planning And Community Right-To-Know › Section 55-1-4 - Emergency Notification

Current through Register Vol. XLI, No. 28, July 12, 2024
The owner or operator of a facility subject to this
				  rule shall provide emergency notification of any release as required
				  by and in accordance with Section 304 of Title III,  42 U.S.C. 11004 which provisions are hereby made a part of this rule and are
				  incorporated by reference.
West Virginia Code of State Rules › Agency 55 - State Emergency Response Commission › Title 55 - LEGISLATIVE RULE STATE EMERGENCY RESPONSE COMMISSION › Series 55-01 - Emergency Planning And Community Right-To-Know › Section 55-1-5 - Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. All
				facilities required to submit annual hazardous chemical inventory
				forms required by-Sections 312 of Title III,  42 U.S.C. 11022, shall
				pay the fees set forth in this section. All fees collected shall be
				deposited into a subaccount of die SERC and may only be used for
				purposes authorized by W. Va. Code §
									15-5A-1 et seq.
5.2. A facility shall pay the
				following fees when submitting annual hazardous chemical inventory
				forms as required under Sections 312 of Title III,  42 U.S.C. 11022.
				All annual fees imposed by this Section 5 of this rule shall be
				payable to file SERC on or before the first day of March of each
				year.
5.2.a. A base inventory fee of
				twenty-five dollars ($25.00) for each facility. Depending on the type
				of facility, the following inventory fees shall also apply:
5.2.a.1. An owner or operator of a
				facility subject to inventory reporting which has present in excess
				of five hazardous chemicals in an amount equal to or above the
				threshold quantity shall pay an additional annual inventory filing
				fee of ten ($10) dollars per hazardous chemical for each hazardous
				chemical in excess of five. This fee does not apply if file hazardous
				chemical reported on the hazardous chemical inventory form is also an
				extremely hazardous substance to which the additional annual
				inventory filing fee is imposed by Section 5.2.a.2 of this
				rule.
5.2.a.2. An owner
				or operator of a facility subject to inventory reporting shall pay an
				additional annual inventory filing fee of fifty ($50) dollars per
				extremely hazardous substance for each extremely hazardous substance
				reported on the hazardous chemical inventory form.
5.2.a.3. An owner or operator of an
				oil and gas extraction storage facility who is required to submit a
				hazardous chemical inventory form must only submit one base inventory
				fee for reporting up to thirty-five (35) oil and gas extraction
				storage facilities. For every facility which is reported by an owner
				or operator of an oil and gas extraction storage facility which would
				exceed thirty five (35) facilities for that owner or operator, an
				additional filing fee of ten dollars ($10.00) shall be paid by file
				owner or operator for every facility over thirty five of this type of
				facility reported by that owner or operator.
West Virginia Code of State Rules › Agency 55 - State Emergency Response Commission › Title 55 - LEGISLATIVE RULE STATE EMERGENCY RESPONSE COMMISSION › Series 55-01 - Emergency Planning And Community Right-To-Know › Section 55-1-6 - Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The
				Chairman of the SERC may order a facility owner or operator to comply
				with the requirements of applicable federal law, W. Va. Code
				§
									15-5A-1 et seq. and these rules.
6.2. Upon failure of an owner or
				operator of a facility to comply with the provisions of applicable
				federal law, W. Va. Code §
									15-5A-1 et seq. or this rule, the
				Chairman may request the attorney general to commence an action for
				civil penalties, injunctive relief or other appropriate relief to
				enforce such provisions, rules or order.
West Virginia Code of State Rules › Agency 55 - State Emergency Response Commission › Title 55 - LEGISLATIVE RULE STATE EMERGENCY RESPONSE COMMISSION › Series 55-02 - Emergency Planning Grant Program › Section 55-2-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1.
				Scope. -- This rule establishes the procedures for applying for, and
				awarding Emergency Planning Grants.
1.2. Authority. -- W. Va. Code
				§
									15-5A-5(k).
1.3.
				Filing Date. -- May 12, 2021.
1.4. Effective Date. -- July 1,
				2021.
1.5 Sunset
				Provision. -- This rule shall terminate and have no further force or
				effect on July 1, 2026.
West Virginia Code of State Rules › Agency 55 - State Emergency Response Commission › Title 55 - LEGISLATIVE RULE STATE EMERGENCY RESPONSE COMMISSION › Series 55-02 - Emergency Planning Grant Program › Section 55-2-2 - Grant Application Deadline Dates

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Emergency planning grant
				applications shall be received by the SERC no later than the
				thirtieth day of June of the grant year. Applications received after
				the established date shall not be considered for funding.
2.2. A mid-year report shall be
				submitted to the SERC by the first day of July of each grant year and
				shall include a report of the actual eligible expenditures incurred
				and a report of the activities accomplished under the grant through
				the thirty-first day of May of the grant year.
2.3. Amended applications to change
				grant requests must be received by the SERC no later than the first
				day of July of die grant year and shall indicate actual expenditures
				incurred by the LEPC and include a revised LEPC Emergency Response
				Plan as part of the justification for the requested change in the
				grant request. Requests for increased grant awards may only be
				approved by the SERC if sufficient revenue is available.
2.4. Any LEPC making application
				shall complete the required information on the forms prescribed by
				the SERC.
West Virginia Code of State Rules › Agency 55 - State Emergency Response Commission › Title 55 - LEGISLATIVE RULE STATE EMERGENCY RESPONSE COMMISSION › Series 55-02 - Emergency Planning Grant Program › Section 55-2-3 - Award of Grants

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. All grant periods shall be on
				a calendar year beginning the first day of January of each
				year.
3.2. Final Grant
				and Reductions in Grand Awards. In order to be eligible for the full
				grant award, the LEPC must have incurred eligible expenses of at
				least the grant amounts and must have completed the required work
				activities as outlined in the grant proposal. If the LEPC fails to
				complete the required work activities, the final grant award and
				final payment of the grant shall be reduced.
3.2.1. The value of the grant is
				calculated as follows:
3.2.1.a. Work
				activities associated with planning shall be worth up to 70% of the
				grant;
3.2.1.b. Work
				activities associated with Local Emergency Planning Committee
				administration shall be worth up to 30% of the grant; and
3.2.1.c. Exercises shall be worth
				up to the maximum allowable amount for the type of exercise
				conducted.
West Virginia Code of State Rules › Agency 56 - Miners' Health, Safety And Training › Title 56 - LEGISLATIVE RULE OFFICE OF MINERS' HEALTH, SAFETY AND TRAINING › Series 56-01 - Procedure and Practice Before the Office of Miners' Health, Safety and Training › Section 56-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope.
1.1.1. The procedures and rules of practice
				set forth herein shall govern and apply to proceedings before Presiding
				Officers, the Director of the Office of Miners' Health, Safety and Training, or
				the agency generally including proceedings to assess monetary civil penalties
				pursuant to W. Va. Code §22A-1-21,
				proceedings to review orders and notices pursuant to W. Va. Code
				§22A-1-17 and proceedings
				initiated upon a petition for declaratory ruling pursuant to W. Va. Code
				§29A-4-l.
1.1.2. In any proceedings initiated prior to
				the effective date of this rule, the provisions hereof shall govern and apply
				to all activities in such proceedings conducted after the effective date of
				this rule. Except when ordered by the Office of Miners' Health, Safety and
				Training, no reissuance of any pleading, documents or requests shall be
				required in such a proceeding.
1.1.3. This rule shall be liberally construed
				to secure the just, prompt and inexpensive conduct and determination of all
				proceedings before the Office of Miners' Health, Safety and Training consistent
				with adequate consideration of the issues involved.
1.1.4. On any procedural question not
				regulated by this rule, the pertinent provisions of the Administrative
				Procedure Act shall apply. On any matter not regulated by this rule and for
				which there is no pertinent provision in the Administrative Procedure Act, the
				provisions of the West Virginia Rules of Civil Procedure or the rules of
				evidence and privilege applicable in the courts of general jurisdiction of this
				State, as appropriate, shall apply.
West Virginia Code of State Rules › Agency 56 - Miners' Health, Safety And Training › Title 56 - LEGISLATIVE RULE OFFICE OF MINERS' HEALTH, SAFETY AND TRAINING › Series 56-01 - Procedure and Practice Before the Office of Miners' Health, Safety and Training › Section 56-1-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Unless the
				context in which a word or phrase appears clearly requires a different meaning,
				all terms used in this rule that are not defined herein shall have the meanings
				set forth in W. Va. Code §22A-1-2.
2.1.1.
				Assessment Officer: The term "Assessment Officer" shall mean any person or
				persons designated and appointed by the Director of the Office of Miners'
				Health, Safety and Training to carry out the duties of the Assessment Officer
				outlined in Section 4.2. of this rule.
2.1.2. Assessment Review Officer: The term
				"Assessment Review Officer" shall mean any person or persons designated and
				appointed by the Director of the Office of Miners' Health, Safety and Training
				to carry out the duties of the Assessment Review Officer set forth in Section
				4.3. of this rule.
2.1.3. Code: The
				term "Code" when following a reference to a specific section, article, and
				chapter, shall mean the West Virginia Code of 1931, as amended.
2.1.4. Director: The term "Director" means
				the Director of the Office of Miners' Health, Safety and Training.
2.1.5. Declaratory ruling: The term
				"declaratory ruling" means a decision and order issued by the Director of the
				Office of Miners' Health, Safety and Training as a ruling pursuant to W. Va.
				Code §29A-4-l.
2.1.6. Mine: The term "mine" shall mean any
				mine as defined in W. Va. Code §22A-1-2, and any surface mine as that term
				is defined in W. Va. Code R. §56-3-3.58.
2.1.7. Notice of Violation: The term "Notice
				of Violation" shall mean a notice issued pursuant to the provisions of W. Va.
				Code §22A-1-15.
2.1.8. Notice of Assessment: The term "Notice
				of Assessment" shall mean a notice issued for the assessment of a civil penalty
				pursuant to the provisions of W. Va. Code §22A-1-21, and described in
				Section 3.2. of this rule.
2.1.9.
				OMHST: The term "OMHST" shall mean the Office of Miners' Health, Safety and
				Training.
2.1.10. Presiding
				Officer: The term "Presiding Officer" shall mean the Director of OMHST or any
				person authorized by the Director to conduct hearings required or authorized
				under the coal mine health and safety laws of this State.
2.1.11. Representative of Miners: The term
				"Representative of Miners" shall mean a person or organization designated by a
				group of miners to act as their representative before OMHST.
2.1.12. Withdrawal order: The term
				"Withdrawal Order" means an order issued pursuant to W. Va. Code
				§22A-1-15.
West Virginia Code of State Rules › Agency 56 - Miners' Health, Safety And Training › Title 56 - LEGISLATIVE RULE OFFICE OF MINERS' HEALTH, SAFETY AND TRAINING › Series 56-01 - Procedure and Practice Before the Office of Miners' Health, Safety and Training › Section 56-1-3 - Rules of Practice and Procedure

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Parties.
3.1.1. In proceedings to assess monetary
				civil penalties against any operator of a coal mine under W. Va. Code
				§22A-1-21(a) and when the amount of the assessment only is in dispute, the
				parties shall be:
3.1.1.a. the operator
				against whom a penalty is proposed, and
3.1.1.b. the OMHST.
West Virginia Code of State Rules › Agency 56 - Miners' Health, Safety And Training › Title 56 - LEGISLATIVE RULE OFFICE OF MINERS' HEALTH, SAFETY AND TRAINING › Series 56-01 - Procedure and Practice Before the Office of Miners' Health, Safety and Training › Section 56-1-4 - Rules Applicable To Proceedings Initiated to Assess Civil Penalties

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Scope.
4.1.1. This section governs and is applicable
				to proceedings initiated by the Director to assess civil penalties under W. Va.
				Code §22A-1-21. In addition to the
				rules contained in this section, the general rules of practice before the OMHST
				contained in Section 3 and the rules relating to hearings held by the OMHST
				contained in Section 3 are also applicable to such proceedings.
West Virginia Code of State Rules › Agency 56 - Miners' Health, Safety And Training › Title 56 - LEGISLATIVE RULE OFFICE OF MINERS' HEALTH, SAFETY AND TRAINING › Series 56-01 - Procedure and Practice Before the Office of Miners' Health, Safety and Training › Section 56-1-5 - Hearings

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Scope.
5.1.1. Unless otherwise specified in this or
				other rules and regulations, the rules in this section shall govern and apply
				to hearings conducted by the Director, other Presiding Officer or by the OMHST
				pursuant to the authority provided in the laws of this State or rules and
				regulations promulgated pursuant thereto.
West Virginia Code of State Rules › Agency 56 - Miners' Health, Safety And Training › Title 56 - LEGISLATIVE RULE OFFICE OF MINERS' HEALTH, SAFETY AND TRAINING › Series 56-01 - Procedure and Practice Before the Office of Miners' Health, Safety and Training › Section 56-1-6 - Rules Applicable to Proceedings for Modification, Extension, Termination or Review of Orders And Notices

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Scope.
6.1.1. The rules in this section govern and
				are applicable to review proceedings initiated pursuant to W. Va. Code
				§22A-1-17, by operators or
				representatives of miners in any mine affected by orders and notices of
				violation issued pursuant to the provisions of W. Va. Code §
										22A-1-14 and -15. In addition to
				the rules contained in this section, the general rules of practice before the
				OMHST contained in Section 3 and the rules relating to hearings held by the
				OMHST contained in Section 5 are also applicable to such proceedings.
West Virginia Code of State Rules › Agency 56 - Miners' Health, Safety And Training › Title 56 - LEGISLATIVE RULE OFFICE OF MINERS' HEALTH, SAFETY AND TRAINING › Series 56-01 - Procedure and Practice Before the Office of Miners' Health, Safety and Training › Section 56-1-7 - Rules Applicable to Proceedings Initiated Upon Petition for Declaratory Ruling

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Scope.
7.1.1. This section governs and is applicable
				to proceedings initiated pursuant to W. Va. Code §29A-4-1 on petition of any
				interested person for a declaratory ruling to be issued by the OMHST with
				respect to the applicability to any person, property or statement of facts of
				any rule or statute enforceable by the MHST. In addition to the rules contained
				in this section, the general rules of practice before the OMHST contained in
				Section 3 and the rules relating to hearings held by the OMHST contained in
				Section 5 are also applicable to such proceedings.
7.1.2. Any interested person may initiate
				proceedings for a declaratory ruling by the OMHST with respect to the
				applicability to any person, property or statement of facts of any rule or
				statute enforceable by it.
West Virginia Code of State Rules › Agency 56 - Miners' Health, Safety And Training › Title 56 - LEGISLATIVE RULE OFFICE OF MINERS' HEALTH, SAFETY AND TRAINING › Series 56-02 - Rules Governing Safety Provisions For Clearing Crews › Section 56-2-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule governs safety provisions for clearing crews while on mine property in the
				State of West Virginia. It does not extend to commercial logging operations
				that may be on mine property and are regulated by OSHA and/or the West Virginia
				Division of Forestry.
1.2.
				Authority. -- W. Va. Code §§22A-1-6 and 22A-1-38.
1.3. Filing Date. -- April 25,
				2024.
1.4. Effective Date. -- April
				25, 2024.
1.5. Sunset Provision. --
				This rule shall terminate and have no further force or effect upon August 1,
				2029.
1.6. Applicability. -- This
				rule applies to each mine operator and independent contractor registered with
				the West Virginia Office of Miners' Health, Safety and Training as required by
				W. Va. Code §22A-2-63.
West Virginia Code of State Rules › Agency 56 - Miners' Health, Safety And Training › Title 56 - LEGISLATIVE RULE OFFICE OF MINERS' HEALTH, SAFETY AND TRAINING › Series 56-02 - Rules Governing Safety Provisions For Clearing Crews › Section 56-2-4 - Emergency Provisions

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Each
				worksite shall have 1 first-aid kit for every 3 persons located at each
				worksite and equipped with items listed in Appendix A.
4.2. In accordance with West Virginia Surface
				Mine Rule 56 CSR. § 3.48.3, emergency arrangements shall be provided for
				the mine site.
4.3. Each worksite
				in accordance with the West Virginia Surface Mine Rule 56 CSR. § 3.48.4
				shall be provided with emergency communications.
West Virginia Code of State Rules › Agency 56 - Miners' Health, Safety And Training › Title 56 - LEGISLATIVE RULE OFFICE OF MINERS' HEALTH, SAFETY AND TRAINING › Series 56-02 - Rules Governing Safety Provisions For Clearing Crews › Section 56-2-5 - Seat Belts

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Seat belts
				- For each vehicle or machine (equipped with rollover protective structure or
				falling object protective structure or overhead guards), including any vehicle
				or machine provided by an employee, the employer should assure:
5.1.1. That a seat belt is provided for each
				vehicle or machine operator;
5.1.2.
				That each employee uses the available seat belt while operating the vehicle or
				machine;
5.1.3. That each employee
				securely and tightly fastens the seat belt to restrain the employee within the
				vehicle or machine cab;
5.1.4. That
				each machine seat belt must meet the manufacturer's specifications;
5.1.5. That seat belts are not removed from
				any vehicle or machine. The employer shall replace each seat belt which has
				been removed from any vehicle or machine that was equipped with seat belts at
				the time of manufacture; and
5.1.6.
				That each seat belt is maintained in a serviceable condition.
West Virginia Code of State Rules › Agency 56 - Miners' Health, Safety And Training › Title 56 - LEGISLATIVE RULE OFFICE OF MINERS' HEALTH, SAFETY AND TRAINING › Series 56-02 - Rules Governing Safety Provisions For Clearing Crews › Section 56-2-6 - Environmental Conditions

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. All
				work shall terminate and each employee shall move to a place of safety when
				environmental conditions, such as but not limited to, electrical storms, strong
				winds which may affect the fall of a tree, heavy rain or snow, extreme cold,
				dense fog, fires, mudslides, and darkness, create a hazard for the employee in
				the performance of the job.