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 47-38-3 - Solid Waste Facility Permitting Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
Prohibitions.
No person may establish, construct, operate, maintain, or
				  allow the use of property for a solid waste facility within an area where there
				  is a reasonable probability that the facility will cause any of the
				  following:
3.1.1.
Natural
				Wetlands.
A significant adverse impact upon natural wetlands, as defined
				in section 2 of this rule;
3.1.2.
Endangered or Threatened Species.
A significant adverse impact
				upon, or jeopardize the continued existence of any endangered or threatened
				species or result in the destruction or adverse modification of a critical
				habitat of any animal or plant protected under the Endangered Species Act of
				1973, and violates any requirement under the Marine Protection, Research and
				Sanctuaries Act of 1972 for the protection of a marine sanctuary/-, unless
				specifically approved by the United States Fish and wildlife Service;
3.1.3.
Surface Water.
A
				significant adverse impact upon any surface water;
3.1.4.
Groundwater.
A
				significant adverse impact upon groundwater .. quality;
3.1.5.
Compliance with other agency
				requirements.
3.1.5.a. A permittee
				must comply with any and all applicable federal and state laws, rules,
				regulations or other requirements.
3.1.5.a.A.
				Permittees of SWLFs must not: "Cause a discharge of pollutants into waters of
				the state, including natural wetlands, that violates any requirement of the
				Clean Water Act, as amended or applicable portions of Chapter 22, Article 11,
				of the Code of West Virginia, including, but not limited to, the National
				Pollutant Discharge Elimination System (NPDES) requirements, pursuant to
				Section 402; of the Clean Water Act, or as reflected in Chapter 22, Article 11,
				of the Code of West Virginia, as amended.
3.1.5.a.B. Cause the discharge of a non-point
				source of pollution to waters of the state, including natural wetlands, that
				violates any requirements of an are-wide or state-wide water quality management
				plan that has been approved under Section 208 or 319 of the Clean Water Act, or
				as reflected in Chapter 22, -Article 11, of .the Code of West Virginia, as
				amended.
3.1.5.a.C. Cause the
				discharge of a point source of pollution to waters of the State, in violation
				of surface water quality standards found in §22-11" or-any-rules, or
				regulations promulgated thereunder; or
3.1.5.a.D. A violation of the Groundwater
				Protection Act, W. Va. Code
				22-12-1 et
				seq.
3.1.6.
Explosive Gases.
Cause the generation by any facility and
				subsequent migration and concentration of methane or other explosive gases in
				any facility structure, excluding the leachate collection system or gas control
				or recovery system components, or in the soils or air at or beyond the facility
				property boundary in excess of twenty-five percent (25%) of the lower explosive
				limit for such gases at any time; or
3.1.7.
Air Pollution.
The
				emission of. any air contaminant exceeding the limitations for those substances
				as set by the West Virginia Division of Environmental 'Protection, Office of
				Air Quality.