reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 33 - Waste Management, Division Of Water And Waste Management › Title 33 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION WASTE MANAGEMENT › Series 33-08 - Standards For Beneficial Use Of Materials Similar To Sewage Sludge › Section 33-8-7 - Modification, Revocation and Reissuance, Suspension and Revocation of Permits

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1 Actions by the
				Secretary.
7.1.a. Permits may be modified,
				revoked and reissued, suspended or revoked either at the request of any
				interested person or upon the Secretary's initiative. Permits may only be
				modified, revoked and reissued, suspended or revoked for the reasons specified
				in this section. All requests for action on a permit shall be in writing
				submitted to the Secretary citing facts or reasons supporting the request. The
				Secretary may require additional information, and in the case of a major
				modification, may require submission of a new permit application. A new permit
				application is required for a reissuance under subsection 7.3.
7.1.b. If the Secretary decides the request
				is not justified, he or she shall send the requestor a brief written response
				giving the reasons for the decision. Denials of the requests are not subject to
				public notice, comment, or hearings.
7.1.c. If the Secretary decides to modify or
				revoke and reissue a permit and the modification is not made under subsection
				7.5, he or she shall prepare a draft permit and follow the public notice
				procedures in section 6. The Secretary may request additional information and,
				in the case of a modified permit, may require the submission of an updated
				permit application. The Secretary shall require the submission of a new
				application if the permit is revoked or reissued.
7.1.d. In a permit modification under this
				section, only those conditions to be modified are reopened when a new draft
				permit is prepared. All other conditions of the existing permit shall remain in
				effect. When a permit is revoked and reissued under this section, the entire
				permit is reopened just as if the permit had expired and was being reissued.
				During any revocation and reissuance proceeding the permittee shall comply with
				all conditions of the existing permit until a new permit is issued.
West Virginia Code of State Rules › Agency 33 - Waste Management, Division Of Water And Waste Management › Title 33 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION WASTE MANAGEMENT › Series 33-08 - Standards For Beneficial Use Of Materials Similar To Sewage Sludge › Section 33-8-8 - Permit Contents and Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1.
				General Requirements. -- All permits issued pursuant to this rule shall contain
				applicable requirements of this rule, including but not limited to the
				following:
8.1.a. Limitations on the
				concentrations of pollutants and pathogens in the sludge or other
				material;
8.1.b. Requirements to
				monitor the sludge or other material, and report the results of those analyses
				for pH, percent solids, organic nitrogen, potassium, phosphorus, calcium,
				magnesium, total nitrogen, ammonia nitrogen, pathogen test results, vector
				attraction reduction verification, all heavy metals listed in Table 1 of this
				rule, and any other analyses required by the Secretary: Provided, That the
				frequency of monitoring shall be as described in Appendix A of this
				rule;
8.1.c. Requirement to pay
				fees as identified in section 9 of this rule;
8.1.d. Requirements for the proper control of
				stormwater runoff for the protection of groundwater, surface waters, and
				potable waters in the area;
8.1.e.
				Requirements to retain records for the facility for at least five
				years;
8.1.f. Requirements to
				monitor and report monthly to the Secretary the quantity of sludge or other
				material generated, stored, and used;
8.1.g. 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;
8.1.h. Requirements for the implementation of
				practices to prevent the contamination of ground and surface waters, including
				liners if necessary;
8.1.i.
				Requirements for the implementation of practices to protect air quality in and
				around the facility and any land application sites; and
8.1.j. Any other requirements, including
				additional monitoring, determined to be necessary by the Secretary to ensure
				compliance with any state and federal laws, regulations, rules, or
				requirements, or to protect human health or the environment.
West Virginia Code of State Rules › Agency 33 - Waste Management, Division Of Water And Waste Management › Title 33 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION WASTE MANAGEMENT › Series 33-08 - Standards For Beneficial Use Of Materials Similar To Sewage Sludge › Section 33-8-9 - Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Applicability.
				-- Sludge or other materials that are approved for use in accordance with this
				rule shall be subject to non-refundable fees, as described herein, which shall
				be paid by the producer, processor, or transporter of sludge or other material
				approved for use in accordance with this rule and shall be used to administer
				the requirements of this rule.
9.2.
				Water Quality Management Fund. -- Fees required by subsection 9.3. of this rule
				shall be shall be assessed on forms prescribed by the Director of the Division
				of Water Resources of the Department and shall be deposited in the special
				revenue fund designated the "Water Quality Management Fund" established under
				the provisions of W. Va. Code '22-11-10.
9.3. Fee Assessments.
9.3.a. Producers, processors, or transporters
				of sludge or other material for land application shall be assessed a fee
				calculated as $5.00 per actual ton of sludge or other material multiplied by
				the proportion of solids in the sludge. This fee shall be used to fund site
				evaluations, compliance inspections, complaint investigations, sampling, and
				related activities to determine compliance with this rule.
9.3.b. Permits issued under paragraph
				4.1.a.1. of this rule shall be subject to the permit fees established in
				47CSR26. These fees shall be used to fund issuance of permits and permit
				modifications, and other activities to determine compliance with this
				rule.
9.4.c. Permits issued under
				subdivision 4.1.c. of this rule shall be subject to the permit application fees
				established in Appendix B of this rule . These fees shall be used to fund
				issuance of permits and permit modifications, and other activities to determine
				compliance with this rule.
West Virginia Code of State Rules › Agency 33 - Waste Management, Division Of Water And Waste Management › Title 33 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION WASTE MANAGEMENT › Series 33-08 - Standards For Beneficial Use Of Materials Similar To Sewage Sludge › Section 33-8-10 - Bonding Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1.
				Bonding. -- The Secretary may require a surety bond, deposit or similar
				instrument in an amount sufficient to cover the cost of future environmental
				remediation from producers, processors, or transporters of sludge or other
				materials. Bonding will be required upon notification by the Secretary when
				he/she determines environmental conditions warrant remediation and that the
				financial status of the producer, processor, or transporter of sludge or other
				material is insufficient to fully address the cost of remedial
				actions.
West Virginia Code of State Rules › Agency 33 - Waste Management, Division Of Water And Waste Management › Title 33 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION WASTE MANAGEMENT › Series 33-08 - Standards For Beneficial Use Of Materials Similar To Sewage Sludge › Appendix A

Current through Register Vol. XLI, No. 28, July 12, 2024
FREQUENCY OF MONITORING
AMOUNT OF MATERIAL GENERATE FREQUENCY
or PROCESSED (dry tons per 365 day period) OF
				  MONITORING
Greater than zero but less than
				  290.......................................... ...........................once
				  every 6 months
Equal to or greater than 290 but less than
				  1,500.............................................................................................................once
				  per quarter
(4 times per year)
Equal to or greater than 1,500 but less than 15,
				  000..........................................................................................................once
				  per month
( 12 times per year)
Equal to or greater than
				  1,5000.............................................................................once
				  per week
West Virginia Code of State Rules › Agency 33 - Waste Management, Division Of Water And Waste Management › Title 33 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION WASTE MANAGEMENT › Series 33-08 - Standards For Beneficial Use Of Materials Similar To Sewage Sludge › Appendix B

Current through Register Vol. XLI, No. 28, July 12, 2024
PERMIT APPLICATION FEES (Non-WV/NPDES)
New Permit
				  .........................................................................
				  $5,000
Permit
				  Reissuance..................................................................
				  $1,000
Minor Permit
				  Modification.........................................................
				  $100
Other Permit Modification
				  ......................................................... $500
TABLE 1
MAXIMUM CONCENTRATION OF METALS IN SLUDGE
OR OTHER MATERIAL FOR LAND APPLICATION
Metal
Concentration (mg/kg)
Arsenic
20
Cadmium
39
Chromium
1000
Copper
1500
Lead
250
Mercury
10
Molybdenum
18
Nickel
200
Selenium
36
Zinc
2800
TABLE 2
MAXIMUM ALLOWABLE SOIL CONCENTRATIONS
Metal
Concentration (mg/kg)
Arsenic.........................................................
13.0
Cadmium
						  .....................................................
2.4
Chromium
...... 290
Copper
..... 92
Lead
85
Mercury
2.4
Molybdenum
4.6
Nickel
.83*
Selenium
10
Zinc
290**
* For sandy to silt loam soils with a permeability greater
				  than 2.0 inches per hour, the maximum allowable soilconcentration for nickel is
				  50 mg/kg.
** For those sites with greater than 30% legume species, the
				  maximum allowable soil concentration for zinc is 30 mg/kg for sandy to silt
				  loam soils with permeability greater than 2.0 inches per hour and
200 mg/kg for other soil types.
West Virginia Code of State Rules › Agency 33 - Waste Management, Division Of Water And Waste Management › Title 33 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION WASTE MANAGEMENT › Series 33-09 - Standards For Beneficial Use Of Filtrate from Water Treatment Plants › Section 33-9-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				This legislative rule establishes a mechanism and requirements for the
				permitting, siting, bonding, and use of water treatment plant sludge from water
				treatment plants that has beneficial properties. This rule applies to the
				beneficial use of water treatment plant sludge and to any person who seeks
				approval from the Secretary to beneficially use such sludge within the state.
				This rule is intended to enhance the resource recovery and recycling goals of
				article fifteen of chapter twenty-two of the West Virginia Code and to
				encourage the beneficial use of water treatment plant filtrate. Section
				22-15-23 of the West Virginia Code and this rule, and not the provisions of W.
				Va. Code §
									22-15-10
				or 33 CSR 1, shall govern the beneficial use of water treatment plant sludge.
				This rule does not apply to sewage sludge, products derived from sewage sludge,
				sludges regulated under 33 CSR 8, or materials regulated as hazardous waste
				under W. Va. Code §
									22-18-1,
				et seq.
1.2. Authority. -- W. Va.
				Code §
									22-15-23.
1.3. Filing Date. -- April 9, 2008.
1.4. Effective Date. -- June 16,
				2008.
1.5. Incorporation by
				Reference. -- Whenever federal or state statutes or regulations or rules are
				incorporated into this rule by reference, the reference is to the statute or
				regulation or rule in effect on the effective date of this rule.
West Virginia Code of State Rules › Agency 33 - Waste Management, Division Of Water And Waste Management › Title 33 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION WASTE MANAGEMENT › Series 33-09 - Standards For Beneficial Use Of Filtrate from Water Treatment Plants › Section 33-9-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
The following definitions apply to this rule unless otherwise
				  specified herein:
2.1. "Agricultural
				land" means land on which a food crop, feed crop, or fiber crop is grown. This
				includes, but is not limited to, range land and land used as pasture.
2.2. "Agronomic rate" means the application
				rate, by dry weight, designed:
(1) To provide
				the amount of nutrients needed by the food crop, feed crop, fiber crop, cover
				crop or vegetation on the land; and
(2) To minimize the amount of nutrients in
				the filtrate 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 33 - Waste Management, Division Of Water And Waste Management › Title 33 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION WASTE MANAGEMENT › Series 33-09 - Standards For Beneficial Use Of Filtrate from Water Treatment Plants › Section 33-9-3 - Procedures for Obtaining a Beneficial Use Determination and Permitting Processes

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
				Basis for beneficial use determination.
3.1.a. As a part of the permit process, the
				generator or proposed user of filtrate must request from the Secretary, in
				writing, a determination that the proposed use of filtrate is a beneficial use.
				The Secretary shall consider a requested use on a case-specific basis or shall
				consider a request for a set of similar uses. The Secretary shall consider the
				following in reviewing a request for a beneficial use permit:
3.1.a.1. Whether the filtrate, either
				proposed to be used as a mixture with other materials or alone, can be
				demonstrated to have benefit or usefulness as a raw material;
3.1.a.2. If the filtrate will be a
				constituent in another product, whether the resulting product, under its
				intended use, is not likely to adversely impact existing groundwater or surface
				water quality;
3.1.a.3. Whether the
				process of manufacturing the product using the filtrate will comply with all
				applicable permitting requirements;
3.1.a.4. Whether the filtrate may be
				beneficially used as an effective substitute to a commercially available
				product.
3.1.a.5. Whether there is
				an existing market for the filtrate or for the product made with the filtrate,
				or whether there is the probability of a market coming into existence after the
				approval of the case-specific beneficial use.
3.1.a.6. Whether the applicant has
				demonstrated that the filtrate will not need to be treated or otherwise
				chemically altered before use.
West Virginia Code of State Rules › Agency 33 - Waste Management, Division Of Water And Waste Management › Title 33 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION WASTE MANAGEMENT › Series 33-09 - Standards For Beneficial Use Of Filtrate from Water Treatment Plants › Section 33-9-4 - Procedures for Obtaining a Permit

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Applicability.
4.1.a. The Secretary shall require that a
				person proposing to beneficially reuse filtrate subject to this rule obtain a
				permit. The Secretary shall require a long-term permit where:
4.1.a.1. The application is proposed to occur
				on an ongoing basis for more than 18 months; or
4.1.a.2. The Secretary deems a permit
				necessary based on other special circumstances not addressed in sections 5 and
				6 of this rule.
West Virginia Code of State Rules › Agency 33 - Waste Management, Division Of Water And Waste Management › Title 33 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION WASTE MANAGEMENT › Series 33-09 - Standards For Beneficial Use Of Filtrate from Water Treatment Plants › Section 33-9-5 - Standards for Beneficial Use of Filtrate

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Beneficial uses of filtrate approved by
				a permit must conform to the standards set forth in this section.
5.1.a. A beneficial use permit issued by the
				Secretary pursuant to this rule shall be based on analysis of the filtrate and
				other information demonstrating its beneficial use characteristics, an
				evaluation of the process that creates the filtrate, and an evaluation of
				potential adverse impacts to human health and the environment from the proposed
				use.
5.1.a.1. The concentration of any heavy
				metal in the filtrate shall not exceed the values determined to be appropriate
				for the specific application site as set forth in Tables 1 of this
				rule.
5.1.a.2. Residential soil
				concentrations in 60CSR3, and other applicable information shall be used by the
				Secretary as a guide to establish limits for pollutant loading rates when
				maximum soil concentrations are not established in Table 2 of this
				rule.
West Virginia Code of State Rules › Agency 33 - Waste Management, Division Of Water And Waste Management › Title 33 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION WASTE MANAGEMENT › Series 33-09 - Standards For Beneficial Use Of Filtrate from Water Treatment Plants › Section 33-9-6 - Storage and Other General Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Storage requirements.
6.1.a. Areas used for storing, mixing,
				processing, and curing of filtrate, including filtrate loading and unloading
				areas, impoundments, pipelines, ditches, pumps, drums, sumps and tanks, must be
				designed, constructed and operated to prevent release of contaminants to the
				groundwater and surface water. Outdoor storage of finished products which have
				been processed or cured shall be limited to one year; Provided, that a
				permanently constructed area for the storage, mixing, processing, or curing of
				filtrate where filtrate is removed from and added to the area on an ongoing
				basis shall not be prohibited by this provision so long as the permanent
				storage area is constructed and operated to prevent the release of contaminants
				to groundwater or surface water.
6.1.b. All storage areas must be designed and
				operated to control vectors and odors.
6.1.c. Storage areas must not be operated or
				constructed within the one hundred year flood plain unless provisions have been
				made to prevent the encroachment of flood waters upon the storage
				area.
6.1.d. All land application
				site storage areas must protect groundwater in accordance with the Groundwater
				Protection Act, W. Va. Code §
										22-12-1 et
				seq., and the rules promulgated thereunder, including 46CSR12, 47CSR58,
				47CSR59, and 47CSR 60.
6.1.e.
				Filtrate shall not be stored at a land application site prior to land
				application for a period of more than one week: Provided, That the Secretary
				shall authorize storage for up to three months where acceptable provisions have
				been made to prevent leachate runoff into surface or groundwater.
West Virginia Code of State Rules › Agency 33 - Waste Management, Division Of Water And Waste Management › Title 33 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION WASTE MANAGEMENT › Series 33-09 - Standards For Beneficial Use Of Filtrate from Water Treatment Plants › Section 33-9-7 - Permit Application Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Permit Application Forms. -- Persons
				required to obtain a permit pursuant to this rule must provide the following
				information, in the form and manner prescribed by the Secretary. The form may
				require information in addition to that required by this subsection.
7.2. Permit Application Requirements. -- All
				applicants for a permit must provide the following information:
7.2.a. The name, address, and location of the
				facility generating the filtrate;
7.2.b. A description of the activities
				conducted or to be conducted by the applicant;
7.2.c. The operator's and owner's name,
				address, telephone number, ownership status, and status as a federal, state,
				private, public or other entity;
7.2.d. Other environmental permits issued by
				any local, state or federal agency previously held or currently in
				effect;
7.2.e. A description of the
				filtrate to be beneficially used, including:
7.2.e.1. The specific source(s) of
				filtrate;
7.2.e.2. A description of
				the process used to generate the filtrate;
7.2.e.3. A physical description of the
				filtrate, including moisture content expressed as the percent solids, odor,
				particle size, and appearance; and
7.2.e.4. The content of heavy metals in the
				filtrate as set forth in Table 1 of this rule.
7.2.f. The amount of filtrate generated,
				processed, or proposed for beneficial use;
7.2.g. A description of the beneficial
				characteristics of the filtrate;
7.2.h. A description of the current method of
				disposal or use for the filtrate;
7.2.i. The following information, where
				necessary and applicable:
7.2.i.1. A hazardous
				waste determination, including a toxicity characteristic leaching procedure
				analysis: Provided, that a toxicity characteristic leaching procedure analysis
				need not be performed if a total analysis of the material demonstrates that
				individual analytes are not present in the waste or that they are present at
				such low concentrations that the appropriate regulatory levels could not be
				exceeded;
7.2.i.2. A description of
				the method used to collect or control leachate and surface water runoff from
				any storage areas;
7.2.i.3. A
				description of existing land uses adjacent to the proposed land application
				site or beneficial use area; and
7.2.i.4. A certified copy of any municipal or
				county zoning restrictions.
West Virginia Code of State Rules › Agency 33 - Waste Management, Division Of Water And Waste Management › Title 33 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION WASTE MANAGEMENT › Series 33-09 - Standards For Beneficial Use Of Filtrate from Water Treatment Plants › Section 33-9-8 - Draft Permits and Public Comment

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Administration.
8.1.a. Once an application is complete, the
				Secretary shall decide whether to prepare a draft permit or to deny the
				application. The denial of an application may be appealed to the Environmental
				Quality Board by filing a notice of appeal within 30 days from the date of
				receipt of the denial in accordance with W. Va. Code §
										22-15-16.
8.1.b. If the Secretary decides to issue a
				draft permit, it must contain the agency's basis for approval.
8.1.c. A draft permit shall be provided to
				the applicant and shall be publicly noticed and available for public comment in
				accordance with subsection 8.2.
West Virginia Code of State Rules › Agency 33 - Waste Management, Division Of Water And Waste Management › Title 33 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION WASTE MANAGEMENT › Series 33-09 - Standards For Beneficial Use Of Filtrate from Water Treatment Plants › Section 33-9-10 - Permit Contents and Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. General Requirements. -- All permits
				issued pursuant to this rule shall contain applicable requirements of this
				rule, including but not limited to the following:
10.1.a. Limitations on the concentrations of
				pollutants and pathogens in the filtrate;
10.1.b. Requirements to monitor the filtrate,
				and report the results of those analyses for pH, percent solids, organic
				nitrogen, potassium, phosphorus, calcium, magnesium, total nitrogen, ammonia
				nitrogen, pathogen test results, vector attraction reduction verification, all
				heavy metals listed in Table 1 of this rule, and any other analyses required by
				the Secretary: Provided, that the frequency of monitoring shall be as described
				in Appendix A of this rule; Provided, However, that the Secretary may require
				more frequent monitoring based on the results of the monitoring;
10.1.c. Requirement to pay fees as identified
				in section 12 of this rule;
10.1.d.
				Requirements for the proper control of storm water runoff for the protection of
				groundwater, surface waters, and potable waters in the area;
10.1.e. Requirements to retain records for
				the facility for at least five years;
10.1.f. Requirements to monitor and report to
				the Secretary the quantity of filtrate generated, stored, and used;
10.1.g. Requirements to provide copies of
				reports to the county or regional solid waste authority in which the facility
				or land application site(s) is located;
10.1.h. Requirements for the implementation
				of practices to prevent the contamination of ground and surface waters,
				including liners if necessary;
10.1.i. Requirements for the implementation
				of practices to protect air quality in and around the facility and any land
				application sites; and
10.1.j. Any
				other requirements, including additional monitoring, determined to be necessary
				by the Secretary to ensure compliance with any state and federal laws,
				regulations, rules, or requirements, or to protect human health or the
				environment.
10.1.k. A listing of
				the site(s) for which land application is approved;
10.1.l. Limitations on the maximum amount of
				filtrate allowed to be land applied;
10.1.m. Requirements implementing the general
				location standards of section 5 of this rule;
10.1.n. Any necessary restrictions on the
				types of crops that may be grown on land used for application of filtrate and
				the time between such application and the harvesting of crops;
10.1.o. Any necessary restrictions on animal
				grazing and public access on a land application site; and
10.1.p. Vector attraction reduction
				requirements, if applicable:
10.1.q. Permits shall be effective for a
				fixed term not to exceed five (5) years.
West Virginia Code of State Rules › Agency 33 - Waste Management, Division Of Water And Waste Management › Title 33 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION WASTE MANAGEMENT › Series 33-09 - Standards For Beneficial Use Of Filtrate from Water Treatment Plants › Section 33-9-11 - General permits

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1.
				Coverage. The Secretary may issue a general permit in accordance with the
				following:
11.1.a. Area. The general permit
				shall be written to cover a category of filtrate uses described in the permit
				within a geographic area. The area shall correspond to existing geographic or
				political boundaries, such as:
11.1.a.1.
				Watersheds using the eight-digit HUC or hydrologic unit code, or other some
				other defined watershed or watersheds;
11.1.a.2. Sewer districts or sewer
				authorities;
11.1.a.3. City,
				County, or State political boundaries;
11.1.a.4. State highway systems;
11.1.a.5. Standard metropolitan statistical
				areas as defined by the United States Office of Management and Budget;
				and
11.1.a.6. Any other appropriate
				division or combination of boundaries.
West Virginia Code of State Rules › Agency 33 - Waste Management, Division Of Water And Waste Management › Title 33 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION WASTE MANAGEMENT › Series 33-09 - Standards For Beneficial Use Of Filtrate from Water Treatment Plants › Section 33-9-12 - Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1.
				Applicability. -- Filtrate that is approved for use and requires a permit in
				accordance with this rule shall be subject to fees, as described herein, which
				shall be paid by the producer, processor, or transporter of filtrate approved
				for beneficial use in accordance with this rule and shall be used to administer
				the requirements of this rule.
12.2. Water Quality Management Fund. -- Fees
				required by subsection 12.3 of this rule shall be shall be assessed on forms
				prescribed by the Secretary and shall be deposited in the special revenue fund
				designated the "Water Quality Management Fund" established under the provisions
				of W. Va. Code §
									22-11-10.
12.3. Fee Assessments.
12.3.a. Permits issued under this rule shall
				be subject to the fees established in Appendix B of this rule. These fees shall
				be used to fund permitting activities and other activities to determine
				compliance with this rule.
12.3.b.
				Producers, processors, or transporters of filtrate or other material disposed
				of under this rule shall be assessed a fee calculated as $5.00 per actual ton
				of filtrate or other material multiplied by the proportion of solids in the
				filtrate. This fee shall be used to fund site evaluations, compliance
				inspections, complaint investigations, sampling, and related activities to
				determine compliance with this rule.
West Virginia Code of State Rules › Agency 33 - Waste Management, Division Of Water And Waste Management › Title 33 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION WASTE MANAGEMENT › Series 33-09 - Standards For Beneficial Use Of Filtrate from Water Treatment Plants › Section 33-9-13 - Bonding Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1.
				Bonding. -- Prior to permit issuance, the Secretary may require a surety bond,
				deposit or similar instrument in an amount sufficient to cover the cost of
				future environmental remediation from the applicant when the Secretary
				determines environmental conditions warrant remediation and that the financial
				status of the applicant is insufficient to fully address the cost of remedial
				actions.
West Virginia Code of State Rules › Agency 33 - Waste Management, Division Of Water And Waste Management › Title 33 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION WASTE MANAGEMENT › Series 33-09 - Standards For Beneficial Use Of Filtrate from Water Treatment Plants › Appendix A

Current through Register Vol. XLI, No. 28, July 12, 2024
FREQUENCY OF MONITORING
AMOUNT OF MATERIAL GENERATED FREQUENCY
or PROCESSED (dry tons per 365 day period) OF
				  MONITORING
Greater than zero but less than
				  290...........................................................................once
				  every 6 months
Equal to or greater than 290 but less than
				  15,000................................................................................................................once
				  per quarter
(4 times per year)
Equal to or greater than
				  15,000.................................................................................once
				  per week
West Virginia Code of State Rules › Agency 33 - Waste Management, Division Of Water And Waste Management › Title 33 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION WASTE MANAGEMENT › Series 33-09 - Standards For Beneficial Use Of Filtrate from Water Treatment Plants › Appendix B

Current through Register Vol. XLI, No. 28, July 12, 2024
PERMIT APPLICATION FEES (Non-WV/NPDES)
New Permit
				  ........................................................................
				  $1,000
Permit
				  Reissuance.................................................................
				  $500
Minor Permit
				  Modification..........................................................
				  $100
Other Permit Modification
				  .......................................................... $500
Short-Term
				  Permit......................................................................
				  $250
TABLE 1
MAXIMUM CONCENTRATION OF METALS IN
				  FILTRATE
FOR LAND APPLICATION
Metal
Concentration (mg/kg)
Arsenic
						  ........................................................
20
Cadmium
						  .....................................................
39
Chromium
						  ...................................................
1000
Copper
						  ........................................................
1500
Lead
						  ............................................................
250
Mercury.........................................................
10
Molybdenum.................................................
18
Nickel............................................................
200
Selenium......................................................
36
Zinc...............................................................
2800
TABLE 2
MAXIMUM ALLOWABLE SOIL CONCENTRATIONS
Metal
Concentration (mg/kg)
Arsenic.........................................................
13.0
Cadmium
						  .....................................................
2.4
Chromium
						  ....................................................
290
Copper
						  ........................................................
92
Lead
						  ............................................................
85
Mercury.........................................................
2.4
Molybdenum
						  ................................................
4.6
Nickel
						  ..........................................................
.83*
Selenium......................................................
10
Zinc
						  ..............................................................
290**
* For sandy to silt loam soils with a permeability greater
				  than 2.0 inches per hour, the maximum allowable soil concentration for nickel
				  is 50 mg/kg.
** For those sites with greater than 30% legume species, the
				  maximum allowable soil concentration for zinc is 30 mg/kg for sandy to silt
				  loam soils with permeability greater than 2.0 inches per hour and 200 mg/kg for
				  other soil types.
West Virginia Code of State Rules › Agency 33 - Waste Management, Division Of Water And Waste Management › Title 33 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION WASTE MANAGEMENT › Series 33-10 - Recycling Assistant Grant Program › Section 33-10-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope and
				Purpose. - This rule sets out guidelines and procedures for providing
				assistance grants to local governments and other interested parties for the
				purpose of planning, initiating, expanding, or upgrading recycling and/or
				source reduction programs, provide related public education programs, and
				assist in recycling market procurement efforts.
1.2. Authority. - W. Va. Code §
									22-15A-19(h)(1).
1.3. Filing date. - April 10, 2023.
1.4. Effective Date. - April 10,
				2023.
West Virginia Code of State Rules › Agency 33 - Waste Management, Division Of Water And Waste Management › Title 33 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION WASTE MANAGEMENT › Series 33-10 - Recycling Assistant Grant Program › Section 33-10-3 - Grants Available From Recycling Assistance Grant Program

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The recycling
				assistance grant program provides grants to assist local governments and other
				interested parties in:
3.1.a. initiating,
				expanding, or upgrading recycling and/or source reduction programs;
3.1.b. public education programs which
				promote recycling and/or source reduction; and
3.1.c. recycling market procurement
				efforts.
West Virginia Code of State Rules › Agency 33 - Waste Management, Division Of Water And Waste Management › Title 33 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION WASTE MANAGEMENT › Series 33-10 - Recycling Assistant Grant Program › Section 33-10-4 - Grant Program Eligibility and Priority

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. All West Virginia entities, as defined
				under 2.10 and 2.12 of this rule, are eligible to apply for recycling program
				assistance grants as provided for in subdivision 3.3.b. of this rule, through
				notification of the county or regional solid waste authority in which the
				applicant is located. Only local governments are eligible to apply for grants
				as provided for in subdivision 3.3.a. of this rule, through notification of the
				county or regional solid waste authority in which the applicant is located. The
				recycling assistance fund grant review committee shall give priority to those
				municipalities, counties, state instrumentalities, private schools,
				proprietorships, partnerships, corporations, and cooperatives, required to
				recycle as a result of a county referendum or pursuant to the provisions of
				West Virginia Code §§
									22-15A-18 and
				22-15A-20. If a county has adopted
				a recycling ordinance by referendum vote, the ordinance shall be consistent
				with the provisions of West Virginia Code §
									22-15A-18(c) for
				the applicant to receive priority for a grant.
4.2. An applicant that has a current grant
				from the Recycling Assistance Grant Program is not eligible for the next cycle
				of grants.
4.3. A request for a
				waiver to receive consecutive funding may be submitted to the Secretary for the
				following reasons:
4.3.a. Significant damages,
				through no fault of the applicant, caused by fire, flood, or other act of
				nature;
4.3.b. New legislative
				requirements or restrictions that materially affect program
				operations.
West Virginia Code of State Rules › Agency 33 - Waste Management, Division Of Water And Waste Management › Title 33 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION WASTE MANAGEMENT › Series 33-10 - Recycling Assistant Grant Program › Section 33-10-6 - General Conditions Applicable to Proposals

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The following general conditions apply
				to all proposals for funding under the recycling assistance grant program:
6.1.a. The proposed project shall be designed
				to affect a significant and measurable reduction in the municipal solid waste
				stream.
6.1.b. All proposals shall
				plan to involve all or a substantial percentage of the community's residents
				located in the project area and should include a plan to provide public
				education regarding the recycling program.
6.1.c. The grant proposal should demonstrate
				the relationship to, and support of, the hierarchy established under West
				Virginia Code § 22C-4, i.e., source reduction, recycling, reuse and
				resource recovery, and landfilling.
West Virginia Code of State Rules › Agency 33 - Waste Management, Division Of Water And Waste Management › Title 33 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION WASTE MANAGEMENT › Series 33-10 - Recycling Assistant Grant Program › Section 33-10-7 - Schedule of Funding Levels

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1.
				An applicant may receive one grant every other year from the Recycling
				Assistance Grant Program. The schedule of funding levels per applicant by type
				of grant is as follows:
Type of Grant
Maximum Grant
Recycling Feasibility Study and Planning
							 Grant
Local Government
$35,000
Recycling Program Assistance Grant
Municipality over 10,000 population
$150,000
Municipality under 10,000
$75,000
County or Regional Solid Waste
							 Authority
$150,000
County Commission
$150,000
State agency/state instrumentality or
							 school
$75,000
Other Interested Party
$75,000
7.2.
				An entity, program, organization or facility shall not receive more than
				$250,000 during a grant year, regardless of the number of proposals submitted
				for that entity, program, organization or facility.
West Virginia Code of State Rules › Agency 33 - Waste Management, Division Of Water And Waste Management › Title 33 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION WASTE MANAGEMENT › Series 33-10 - Recycling Assistant Grant Program › Section 33-10-9 - Submission Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. All
				applicants shall make a proposal to the department on prescribed forms as
				published by the department. All proposals shall meet submission requirements
				established by the department to be eligible for funding. Proposals shall be
				received by the Department on or before 5:00 p.m. on the first business day in
				July.
9.2. All applicants shall
				submit a copy of their proposal to the county or regional solid waste authority
				in which the proposed project is located.
9.3. Proposals received by the department
				after the submission deadline shall not be considered for funding.
West Virginia Code of State Rules › Agency 33 - Waste Management, Division Of Water And Waste Management › Title 33 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION WASTE MANAGEMENT › Series 33-10 - Recycling Assistant Grant Program › Section 33-10-10 - Departmental Reviews of Proposals

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. The department reserves the right to
				reject any and all proposals that do not meet eligibility and submission
				requirements established by the department and this rule at the department's
				discretion.
10.2. The department
				shall review all proposals received on or before the submission deadline to
				ensure that all required forms, documents, and attachments have been completed
				and included in the proposal. The department may take action to verify that the
				information in the proposals is correct at the department's discretion. If a
				proposal is found to be incomplete or incorrect, the department may, at its
				discretion, contact the applicant to remedy the error within the cure period
				designated by the Department. Incomplete or inaccurate proposals that have not
				been corrected by the applicant and received by the department on or before the
				end of the cure period shall not be considered for funding.
10.3. The department shall present all
				proposals meeting eligibility and submission requirements to the recycling
				assistance grant review committee for consideration.
West Virginia Code of State Rules › Agency 33 - Waste Management, Division Of Water And Waste Management › Title 33 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION WASTE MANAGEMENT › Series 33-10 - Recycling Assistant Grant Program › Section 33-10-11 - Recycling Assistance Fund Grant Review Committee

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. The recycling assistance grant review
				committee, shall be composed of the following: a representative of the
				municipal league, a representative of business or industry, and a
				representative from the solid waste industry, a member or representative of the
				Solid Waste Management Board, each to be appointed by the Secretary; the
				Director of the West Virginia Development Office; and the Secretary of the
				Department of Environmental Protection or any other person to whom the agency
				Secretary has delegated his or her authority or duties. For the purpose of
				conducting business, four (4) members of the recycling assistance grant review
				committee are required for a quorum. The Secretary or his or her designee may
				only vote to break tie votes of the committee. The committee shall consider
				each proposal and make a determination as to funding. The committee shall
				submit proposals recommended for funding to the Secretary of the Department of
				Environmental Protection for final approval and awarding.
11.2. Applicants shall be notified in
				writing, by the department, of approval or denial of a grant within a
				reasonable time after proposal award recommendations of the committee have been
				approved by the Secretary.
West Virginia Code of State Rules › Agency 33 - Waste Management, Division Of Water And Waste Management › Title 33 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION WASTE MANAGEMENT › Series 33-10 - Recycling Assistant Grant Program › Section 33-10-13 - Equal Employment Opportunity

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. To implement the recycling assistance
				grant, grantee shall agree:
13.1.a. That it
				will not discriminate against any employee or applicant for employment because
				of race, color, age, religion, sex, or national origin; and
13.1.b. That all solicitations or
				advertisements for employees placed by or on behalf of grantee shall state that
				all qualified applicants shall receive consideration for employment without
				regard to race, color, age, religion, sex, or national origin.
West Virginia Code of State Rules › Agency 33 - Waste Management, Division Of Water And Waste Management › Title 33 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION WASTE MANAGEMENT › Series 33-11 - Covered Electronic Devices Takeback Program › Section 33-11-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope and
				Purpose -- This legislative rule establishes procedures for covered electronic
				device manufacturers to register their brands with the state and sets out
				guidelines for municipalities and counties to apply for and receive grants for
				the purpose of conducting electronic collection events and programs. The
				funding available for grants is established by the registration fee imposed on
				all covered electronic device manufacturers that conduct business in West
				Virginia.
1.2. Authority -- West
				Virginia Code § 22-15A-29.
1.3. Filing Date -- April 15, 2010.
1.4. Effective Date -- April 15,
				2010.
West Virginia Code of State Rules › Agency 33 - Waste Management, Division Of Water And Waste Management › Title 33 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION WASTE MANAGEMENT › Series 33-11 - Covered Electronic Devices Takeback Program › Section 33-11-3 - Manufacturer Registration

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The
				registration and fee requirements of this rule apply to manufacturers that
				manufactured an average of more than one thousand covered electronic devices
				per year in the three-year period immediately preceding the initial
				registration required by this section.
3.2. Manufacturers that sold or leased
				covered electronic devices in 2008, on or after June 6, 2008, shall register
				with the Secretary no later than January 1, 2009, using a registration form
				prescribed by the department.
3.3.
				Manufacturers commencing the sale or lease of covered electronic devices after
				December 31, 2008, shall register with the Secretary prior thereto.
				Registration shall be made on a form prescribed by the department.
3.4. All registrations, regardless of the
				date submitted, expire on December 31 of the registration year and shall in no
				case be effective for more than one year.
3.5. The registration form shall contain the
				following:
3.5.1. Legal name of the
				manufacturer;
3.5.2. Contact person
				regarding the registration;
3.5.3.
				Address of manufacturer;
3.5.4.
				Telephone number of manufacturer;
3.5.5. All brand names under which the
				manufacturer sells, leases, or offers for sale covered electronic devices or
				televisions in West Virginia;
3.5.6. Whether the manufacturer has
				implemented a takeback program for its covered electronic devices or
				televisions or both;
3.5.7. A toll
				free telephone number and website that the manufacturer has established to
				provide detailed information about the takeback program, if any, and the
				procedures for returning covered electronic devices;
3.5.8. The Secretary may request additional
				information necessary to further the goals of the program.