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 33-27 - Hazardous Waste Administrative Proceedings and Civil Penalty Assessment › Section 33-27-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. This Rule
				hereby incorporates by reference the definitions of all terms as contained in
				the Hazardous Waste Management Act,W. Va. Code §
									22-18-1 et
				seq., and the Hazardous Waste Management Rule,33 CSR 20. In addition, for the
				purpose of this Rule, the following definitions apply:
2.2. "Administrative Proceedings" means those
				proceedings undertaken pursuant to this Rule by the Secretary upon the
				Secretary's decision to attempt to resolve alleged violations of the Hazardous
				Waste Management Act and its rules.
2.3. "Base Penalty" means that amount
				assessed for a violation of the Act or its Rules based solely upon the extent
				of the deviation from the Act and the potential for harm to the public or the
				environment resulting from the violation.
2.4. "Responsible Party" may be a permittee,
				a hazardous waste generator or transporter, or any person alleged to have
				violated the Act or its Rules.
2.5.
				"Secretary" means the Secretary of the Department of Environmental
				Protection.
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 33-27 - Hazardous Waste Administrative Proceedings and Civil Penalty Assessment › Section 33-27-3 - Applicability of the Rule

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Upon
				discovery of a violation, through whatever means, of the Hazardous Waste
				Management Act or its Rules, the Secretary may, at the Secretary's discretion,
				choose to institute administrative proceedings pursuant to the Act and this
				Rule to resolve the alleged violation.
3.2. Not a Waiver. -- Nothing in this rule
				shall be construed as limiting the ability of the Secretary to pursue a civil
				action for any violation of the Act or its Rules should the agency and the
				responsible party be unable to reach settlement of the alleged violations
				pursuant to the procedures set forth in this Rule. The Secretary is under no
				requirement to institute administrative proceedings prior to taking any other
				lawful action pursuant to the Act or its Rules.
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 33-27 - Hazardous Waste Administrative Proceedings and Civil Penalty Assessment › Section 33-27-4 - Notice

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The Secretary
				shall notify any responsible party of the Secretary's decision to institute
				administrative proceedings pursuant to the Act and this Rule.
4.2. Notice of the Secretary's decision to
				commence an administrative proceeding in an attempt to resolve an alleged
				violation of the Act or its Rules shall be by certified mail to the responsible
				party.
4.3. Notice shall include a
				proposed Consent Order initially containing, at a minimum, findings of fact and
				conclusions of law outlining the alleged violations, any remedial work to be
				performed by the responsible party, and a proposed civil penalty assessment
				that shall be based on the procedures set forth in this Rule.
4.4. The responsible party shall respond to
				the Secretary's Notice within ten days of receipt thereof, indicating whether
				it will participate or refuses to participate in the administrative proceeding.
				Failure to timely respond shall be considered refusal to participate in the
				process.
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 33-27 - Hazardous Waste Administrative Proceedings and Civil Penalty Assessment › Section 33-27-5 - Administrative Proceedings

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				Should the responsible party agree to participate in an administrative
				proceeding, the parties shall set a meeting to be held within thirty days of
				the initial Notice,if possible.
5.2. The administrative proceeding may
				consist of multiple meetings amongst the parties and may continue until a
				satisfactory resolution of the alleged violation is agreed to.
5.3. If agreed to, resolution of the alleged
				violations contained in the Notice shall be by Consent Orderentered into by the
				responsible party and the Secretary.
5.4. The administrative proceeding may be
				terminated at any time and for any reason by any party involved in the
				proceeding.
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 33-27 - Hazardous Waste Administrative Proceedings and Civil Penalty Assessment › Section 33-27-6 - Civil Penalty Assessment

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1.
				Determination of Base Penalty - the seriousness (gravity) of a violation must
				be taken into account in assessing a penalty for a violation. This gravity
				based penalty amount should be determined by examining two factors: potential
				for harm and extent of deviation from the statutory or regulatory requirement.
6.1.a. Potential for harm to human health and
				the environment. --
6.1.a.1. The potential for
				harm to human health or the environment from a violation is based on two
				factors: the risk of human or environmental exposure to hazardous waste and/or
				hazardous constituents that may be posed by noncompliance, and the adverse
				effect noncompliance may have on the statutory or regulatory purposes or
				procedures for implementing the Resource Conservation and Recovery Act (RCRA)
				program.
6.1.a.2. Risk of exposure
				may be evaluated by considering the probability of exposure and the potential
				seriousness of contamination.
6.1.a.3.Violations of the Act or Rules may be
				evaluated by considering how the violation directly increases threat of harm to
				human health and the environment, how the violation undermines the statutory or
				regulatory purposes or procedures for implementing the RCRA Program and how the
				violation impairs the overall goals of RCRA to handle wastes in a safe and
				responsible manner. Examples include but are not limited to:
6.1.a.3.A. Failure to notify the Department
				that you are a generator or transporter of hazardous waste oran owner or
				operator of a hazardous waste facility
6.1.a.3.B.Failure to submit a timely or
				adequate Part B application.
6.1.a.3.C.Failure to respond to a formal
				information request.
6.1.a.3.D.Operating without a
				permit.
6.1.a.3.E.Failure to
				prepare or maintain a manifest.
6.1.a.3.F.Failure to maintain groundwater
				monitoring results.
6.1.a.4. Consideration shall be given to the
				potential harm posed by a violation rather than the actual harm which occurred.
				There need not be any showing of actual harm to human health or the environment
				to support a finding of potential harm.
6.1.a.5. Emphasis shall be placed on evidence
				of an actual release to the environment and harm to human health and/or actual
				exposure of humans or other environmental receptors to hazardous waste or
				constituents.
6.1.a.6. The
				Secretary shall determine whether the potential for harm was major, moderate or
				minor depending upon factors to be considered on a case-by case
				basis.
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 33-27 - Hazardous Waste Administrative Proceedings and Civil Penalty Assessment › Section 33-27-7 - Entry of Consent Order

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1.
				Prior to a responsible party and the Secretary signing any Consent Order
				resolving an alleged violation of the Act or its Rules pursuant to this Rule,
				the Secretary shall publish notice in the form of a Class I Legal Advertisement
				in accordance with W. Va. Code §
									59-3-1
				et. seq. in a newspaper of general circulation in the county that the facility
				subject to the action is located at least thirty (30) days prior to the final
				settlement of any consent order. This notice will identify the facility found
				to be in violation, the specific enforcement action to be taken, and the name
				and address where information about the proposed settlement can be obtained.
				The Secretary shall consider all comments received during the thirty (30) day
				period.
7.2. The Secretary, based
				upon the public comments, may determine to either modify the Consent Order
				based upon the public comments or execute the Consent Order as
				proposed.
7.3. Should the Secretary
				modify the Consent Order as a result of public comments, the responsible party
				may reject the proposed modifications and thereby may reject the modified
				Consent Order.
7.4. Penalties
				collected pursuant to this Rule shall be deposited into the Hazardous Waste
				Management Fund within the Department of Environmental Protection for uses
				related to permitting, inspection, environmental remediation or any other
				activity deemed appropriate 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 33-27 - Hazardous Waste Administrative Proceedings and Civil Penalty Assessment › Appendix A

Current through Register Vol. XLI, No. 28, July 12, 2024
CIVIL PENALTY MATRIX
Extent of Deviation from
						  Requirement
MAJOR
MODERATE
MINOR
Potential for
Harm
						  to
Human Health or the
Environment
MAJOR
$8,000 to $10,000
$6,000 to $8,000
$5,000 to $6,000
MODERATE
$4,000 to $5,000
$3,000 to $4,000
$2,000 to $3,000
MINOR
$1,500 to $2,000
$1,000 to $1,500
Up to $1,000
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 33-30 - Underground Storage Tanks › Section 33-30-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. - This
				legislative rule governs the construction, installation, upgrading, use,
				maintenance, testing, and closure of underground storage tanks in this
				State.
1.2. Authority. - W. Va.
				Code §
									22-17-6.
1.3. Filing Date. -- March 9, 2018
1.4. Effective Date. -- June 1,
				2018
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 33-30 - Underground Storage Tanks › Section 33-30-2 - Adoption of Federal Regulations

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Incorporation by Reference. - The
				Secretary hereby adopts and incorporates by reference the provisions contained
				in 40 C.F.R. Part 280 as published in the Code of Federal Regulations on July
				1, 2016, with the following exceptions:
2.1.a. The definition of "implementing
				agency" that appears in
				40
				C.F.R. §
											280.12 shall not apply and
				shall be replaced by "the West Virginia Department of Environmental
				Protection."
2.1.b. The provisions
				contained in
				40 C.F.R. §
											280.20(e) shall not apply,
				and section 3 of this rule shall apply in lieu thereof.
2.1.c. The provisions contained in
				40 C.F.R. §
											280.22 shall not apply, and section 4 of this
				rule shall apply in lieu thereof.
2.1.d. The citation "section 9005 of Subtitle
				I of the Resource Conservation and Recovery Act, as amended" that appears in
				40 C.F.R. §
											280.34 shall not apply and shall be replaced
				by the phrase "W. Va. Code §
										22-17-13."
2.1.e. The provisions contained in
				40 C.F.R. §§
											280.34(a)(1) and
				280.251(b)
				shall not apply and shall be replaced by the notification requirements in
				accordance with the provisions of section 4 of this rule.
2.1.f. The provisions contained in appendices
				I,II, and III of 40 C.F.R. Part 280 shall not apply.
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 33-30 - Underground Storage Tanks › Section 33-30-4 - Notification Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
				Notification. - Except as provided in subdivision 4.1.a., 4.1.b., or 4.1.c. of
				this rule, the owner and operator of an underground storage tank system that
				was in the ground prior to May 1, 1990, must submit a notice of the existence
				of such tank system to the secretary by completing the form prescribed by the
				secretary.
4.1.a. The owner and operator of
				an underground storage tank system that was in the ground prior to May 1, 1990,
				is exempt from the notification requirements of subsection 4.1 of this rule if
				notice was previously given to the secretary in accordance with the provisions
				of the federal Hazardous and Solid Waste Amendments of 1984 on the form
				published in the federal register on November 8, 1985 (50 F.R. 46602), unless
				such notice was given pursuant to section 103(c) of the Comprehensive
				Environmental Response, Compensation and Liability Act (CERCLA).
4.1.b. The owner and operator of an
				underground storage tank system that was removed from the ground on or before
				May 8, 1986, is exempt from the notification requirements of subsection 4.1 of
				this rule.
4.1.c. The owner and
				operator of an underground storage tank that was installed before December 22,
				1988, need only complete sections I through X of the form prescribed by the
				secretary. Tank systems installed on or after December 22, 1988 must comply
				with the provisions of subsection 4.2 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 33-30 - Underground Storage Tanks › Section 33-30-5 - Delivery Prohibition

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				Proof of Compliance. - Product deliverers, including any person who approves a
				delivery order or delivers or deposits product into an underground storage
				tank, shall not deliver product into an underground storage tank unless the
				Secretary has certified that the underground storage tank owner or operator is
				in compliance with the requirements of the Underground Storage Tank Fee
				Assessments (33 C.S.R. 31) and the notification requirements under section 4 of
				this Rule, and the owner or operator presents proof of this certification along
				with proof of financial responsibility in compliance with 40 C.F.R. Part 280,
				Subpart H to the product deliverer.
5.2. Tank Eligibility for Delivery, Deposit
				or Acceptance. - An underground storage tank is eligible to receive product
				when in compliance with the requirements of 40 C.F.R. Part 280:
5.2.a. Required spill prevention equipment is
				installed and properly operated and maintained;
5.2.b. Required overfill protection equipment
				is installed and properly operated and maintained;
5.2.c. Required leak detection equipment is
				installed and properly operated and maintained;
5.2.d. Required corrosion protection
				equipment including a buried metal flexible connector is installed and properly
				operated and maintained; and
5.2.e.
				Required financial responsibility is maintained.
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 33-30 - Underground Storage Tanks › Section 33-30-6 - Operator Training Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Approval of Required Training.
6.1.a. Training for individuals identified in
				40 C.F.R. §
											280.242 must receive prior approval by the
				Secretary. Upon approval, the training may be conducted multiple times at
				multiple locations.
6.1.a.1.Operator training
				courses must be renewed every five years or as otherwise specified by the
				Secretary. The training provider shall submit to the Secretary in writing
				applications for approval of specific training programs. The submissions shall
				meet the operator training course requirements set forth in
				40 C.F.R. §
												280.242, the requirements of this Rule, and
				guidance provided by the Secretary.
6.1.a.2. The training provider shall submit
				to the Secretary, with the application for approval of a specific training
				program, a nonrefundable application fee of $280.00 by check or money order
				made payable to the Department of Environmental Protection for deposit into the
				Underground Storage Tank Administrative Fund. This fee shall be deposited in
				the Underground Storage Tank Administrative Fund.
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 33-31 - Underground Storage Tank Fee Assessments › Section 33-31-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule establishes procedures for the assessment and collection of
				fees for the Underground Storage Tank Administrative Fund and the Leaking
				Underground Storage Tank Response Fund pursuant to W. Va. Code §§
									22-17-20
				and
				22-17-21.
1.2. Authority. -- W. Va. Code §
									22-17-6.
1.3. Filing Date. -- May 10, 2005.
1.4. Effective Date. -- June 1,
				2005.
1.5. Incorporation by
				Reference. -- Whenever federal statutes or regulations are incorporated by
				reference into this rule, the reference is to the statute or rule in effect on
				the date on which this rule was proposed April 8, 2004.
1.6. Tanks Excluded From Fee Assessments. --
				The following categories of underground storage tanks are excluded from the fee
				assessment provisions of section 3 of this rule.
1.6.a. Any underground storage tank holding
				hazardous wastes listed or identified under Subtitle C of the federal Resource
				Conservation and Recovery Act of 1976, as amended, or a mixture of such
				hazardous waste and other regulated substances;
1.6.b. Any wastewater treatment tank system
				that is part of a wastewater treatment facility regulated under section 402 or
				307(b) of the federal Clean Water Act;
1.6.c. Equipment or machinery that contains
				regulated substances for operational purposes such as hydraulic lift tanks and
				electrical equipment tanks;
1.6.d.
				Any underground storage tank system whose capacity is one hundred and ten (110)
				gallons or less;
1.6.e. Any
				underground storage tank system that contains a de minimis concentration of
				regulated substances; and
1.6.f.
				Any emergency spill or overflow containment underground storage tank system
				that is expeditiously emptied after 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 33-31 - Underground Storage Tank Fee Assessments › Section 33-31-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Act" means
				the West Virginia Underground Storage Tank Act (W. Va. Code §
									22-17-1 et
				seq.).
2.2. "Change-In-Service"
				means when an underground storage tank system has undergone a
				"change-in-service" pursuant to 40 C.F.R. §§280.71 and
				280.72.
2.3. "Department" means the
				department of environmental protection.
2.4. "Owner" means:
2.4.a. In the case of an underground storage
				tank system in use on November 8, 1984, or brought into use after that date, a
				person who owns an underground storage tank used for the storage, use, or
				dispensing of a regulated substance.
2.4.b. In the case of an underground storage
				tank system, in use before November 8, 1984, but no longer in use on that date,
				a person who owned such a tank immediately before the discontinuation of its
				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 33-31 - Underground Storage Tank Fee Assessments › Section 33-31-3 - Fee Assessment

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
				Registration Fees.
3.1.a. The department will
				collect an annual registration fee from each owner of an underground storage
				tank which has not undergone permanent closure or change-in-service in this
				state. The registration fee will not exceed sixty-five dollars ($65) per tank
				per year.
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 33-31 - Underground Storage Tank Fee Assessments › Section 33-31-4 - Fee Collection

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. An
				invoice for the fees assessed pursuant to this rule will be provided by the
				department to each tank owner upon whom a fee is assessed. Such invoice will
				include an itemized list of fees assessed and the date upon which such fees are
				due and payable. The invoice will be provided in the form and manner prescribed
				by the department.
4.2. Fees
				assessed pursuant to this rule must be paid by check, money order, or bank
				draft payable to the West Virginia department of environmental protection.
				Payment of the entire amount of the fees assessed, as calculated on the
				assessment invoice, must be made in a single payment.
4.3. Fee payments must be sent to the address
				on the assessment invoice provided by the department by the date specified on
				the invoice. If such fee payment is mailed, then the payment must be postmarked
				by the date specified on the invoice.
4.4. Correcting Fee Assessment Errors.
4.4.a. Under charges that appear on the
				assessment invoices issued by the department will be corrected by the issuance
				of a corrected invoice.
4.4.b.
				Overcharges that appear on the assessment invoices issued by the department
				will be corrected on the assessment invoices issued for the next calendar year
				unless the tank owner submits a written request for a refund to the department.
				Said request, along with documentation supporting the claim of erroneous
				assessment, must accompany the payment of the assessed fee. The department
				shall investigate the tank owner's claim and issue a refund for the amount in
				excess of the proper assessment if the tank owner's claim proves to be
				valid.
4.4.c. Any errors made in
				the calculation of assessment fees, whether by the department or as a result of
				inaccurate information submitted by the owner or operator pursuant to the
				notification requirements under section 4 of the Underground Storage Tank Rule
				((33 C.S.R 30 §4) and section 8 of The Underground Storage Tank Act (W.
				Va. Code §
										22-17-8),
				must be corrected within one (1) year of the due date posted on the
				invoice:
4.4.d. All fee assessments
				shall be as originally assessed if no errors are identified within the one (1)
				year period.
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 33-31 - Underground Storage Tank Fee Assessments › Section 33-31-5 - Fee Deposit

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Fees
				collected by the department pursuant to this rule will be deposited into the
				state treasury in accordance with W. Va. Code §§
									22-17-20
				and
				22-17-21.
5.1.a. The deposit of a fee payment into the
				state treasury is not an admission by the department of an assessment for the
				correct number of tanks. Each tank owner is obligated to notify the department
				if the number of tanks assessed is incorrect. Corrections will be made in
				accordance with sub-section 4.4 of this rule.
5.1.b. Deposits into the Underground Storage
				Tank Administrative Fund will include:
5.1.b.1. All registration fees collected
				pursuant to sub-section 3.1 of this rule;
5.1.b.2. The net proceeds of all fines,
				penalties, and forfeitures collected under the Act; and
5.1.b.3. All interest accruing on investments
				and deposits of this fund.
5.1.c. Deposits into the Leaking Underground
				Storage Tank Response Fund will include;
5.1.c.1. All response fees collected pursuant
				to sub-section 3.2 of this rule;
5.1.c.2. Any registration fee monies received
				by the department that exceed the maximum annual balance for the Underground
				Storage Tank Administrative Fund as prescribed under W. Va. Code §
											22-17-20(a).
5.1.c.3. All interest accruing on investments
				and deposits of this fund.
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 33-32 - Underground Storage Tank Insurance Trust Fund › Section 33-32-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope and
				Purpose. -- This rule establishes an Underground Storage Tank Insurance Trust
				Fund pursuant to W. Va. Code '22-17-22
				and as set forth under the financial responsibility requirements of W. Va. Code
				'22-17-10.
1.2. Authority. -- W. Va. Code '22-17-6.
1.3. Filing Date. -- April 30,
				1999.
1.4. Effective Date. -- July
				1, 1999.
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 33-32 - Underground Storage Tank Insurance Trust Fund › Section 33-32-2 - Applicability

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Financial
				Assurance. Owners or operators of petroleum underground storage tanks are
				required by statute and rule to establish a means of financial assurance
				necessary for taking reasonable corrective action and for compensating third
				parties for bodily injury and property damage caused by sudden or nonsudden
				accidental releasing arising from the operation of USTs. This rule applies to
				petroleum UST owners and operators who do not show evidence of meeting the
				financial assurance requirements set forth in W. Va. Code '22-17-10
				and to any petroleum UST owner or operator with an established means of
				financial assurance who desires to participate in the state program.
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 33-32 - Underground Storage Tank Insurance Trust Fund › Section 33-32-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. "Accidental
				Release " means any sudden or nonsudden release of petroleum from an
				underground storage tank that results in a need for corrective action and/or
				compensation for bodily injury or property damage neither expected nor intended
				by the tank owner or operator.
3.2.
				"Administrator" means private or state individuals, organizations, other state
				agencies, companies, corporations, or other persons designated by the director
				through agreements, including reimbursement for services rendered, contracts,
				and cooperative arrangements under such terms and conditions as he or she deems
				appropriate to administer the Underground Storage Tank Insurance Trust Fund in
				accordance with W. Va. Code '22-17-5(c).
3.3. "Advisory Committee" means the
				underground storage tank advisory committee as prescribed in W. Va. Code
				'22-17-7.
3.4. "Damages" means bodily injury or
				property damage caused by a release or accidental release as defined in this
				rule.
3.5. "Director" means the
				director of the division of environmental protection of the bureau of
				environment or other such person to whom the director has delegated authority
				and duties pursuant to W. Va. Code ''22-1-6 or 8.
3.6. "Deductible" means an amount of money
				paid by the insured that relieves the insurer of responsibility for an initial
				specified loss.
3.7. "Division"
				means the division of environmental protection of the bureau of
				environment.
3.8. "Premium" means
				the payment made for a contract of insurance.
3.9. "Release" means any spilling, leaking,
				emitting, discharging, escaping, leaching or disposing from an underground
				storage tank into groundwater, surface water, or subsurface soils.
3.10. "Regulated Substance" means:
3.10.a. Any substance defined in section
				101(14) of the Comprehensive Environmental Response, Compensation, and
				Liability Act of 1980, as amended, but not including any substance regulated as
				a hazardous waste under Subtitle C of the federal Resource Conservation and
				Recovery Act of 1976, as amended; and
3.10.b. Petroleum, including crude oil or any
				fraction thereof which is liquid at a temperature of sixty (60) degrees
				fahrenheit and a pressure of fourteen and seven-tenths pounds per square inch
				absolute (14.7 psia). The term "regulated substance" includes, but is not
				limited to, petroleum and petroleum-based substances comprised of a complex
				blend of hydrocarbons derived from crude oil through processes of separation,
				conversion, upgrading, and finishing such as motor fuels, jet fuels, distillate
				fuel oils, residual fuel oils, lubricants, petroleum solvents, and used
				oils.
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 33-32 - Underground Storage Tank Insurance Trust Fund › Section 33-32-4 - Applying for Coverage

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
				Application for Coverage. -- The owner or operator of an underground storage
				tank shall submit an application for coverage to the director or the
				administrator on forms supplied by the director or the administrator.
4.2. Sworn Statement. -- The application
				shall include a sworn statement that all information and records are accurate
				and in compliance with all applicable federal, state, and local
				requirements.
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 33-32 - Underground Storage Tank Insurance Trust Fund › Section 33-32-5 - Capitalization Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				Capitalization Fee. A capitalization fee shall be assessed against all owners
				or operators of underground storage tanks to be used to establish the
				Underground Storage Tank Insurance Trust Fund. The fee shall be:
5.1.a. One hundred dollars per tank per year
				($100/tank/year) for a period of not less than one (1) year and not more than
				three (3) years. Second and third year capital assessments may be levied if
				there is an inadequate surplus of funds, as determined by the administrator,
				the director, and the underground storage tank advisory committee pursuant to
				W. Va. Code '22-17-7.
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 33-32 - Underground Storage Tank Insurance Trust Fund › Section 33-32-6 - Powers and Duties of the Director

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Premium Rate. -- The director shall have
				the power, duty, and responsibility to establish and maintain the premium rate
				for the UST insurance program.
6.2.
				Premium Rate Payment. -- The annual premium rate, as determined by the
				director, shall be paid by the owners or operators requesting coverage and may
				include reasonable administrative expenses.
6.3. Premium Payment and Deposit. -- The
				premium shall be paid to the director or the administrator and deposited into
				the Underground Storage Tank Insurance Trust Fund Premium Fund.
6.4. UST Insurance Program Shall Be
				Assessable. -- The UST insurance program shall be assessable. The director may
				implement assessments once the insurance premium fund reaches a level of not
				more than two million dollars ($2,000,000). The assessment shall be subject to
				approval of the director and the advisory committee. For purposes of assessment
				calculations, the insurance premium pool shall not include funds collected from
				the capitalization fee assessment.
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 33-32 - Underground Storage Tank Insurance Trust Fund › Section 33-32-7 - Cancellation of Coverage

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1.
				Cancellation of Coverage. -- Coverage will be canceled for an insured who:
7.1.a. Is not in compliance with the
				provisions of 40 C.F.R. Part 280 or 33 C.S.R. 30;
7.1.b. Fails to install overfill/spill
				prevention if two (2) incidents are reported within a twelve (12) month period
				in excess of the insured's deductible;
7.1.c. Fails to pay the premium when
				due;
7.1.d. Fails to reimburse the
				UST Insurance Trust Fund for deductible expenses promptly; or
7.1.e. Fails to reimburse the UST Insurance
				Trust Fund for any payment made by the fund on account of any claim involving a
				breach of the terms of the policy or violation of federal or state
				rules.
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 33-32 - Underground Storage Tank Insurance Trust Fund › Section 33-32-8 - Emergency Claims

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1.
				Notification of Claim. -- The insured must notify the director and the
				administrator of an accidental release, real or alleged, within twenty-four
				(24) hours of discovery of the release. The insured must notify, or verify that
				notice has been provided to, the director and the administrator of any
				occurrence which may result in a claim.
8.2. Initial Response Requirements. -- The
				insured must comply with applicable initial response requirements set forth in
				40 C.F.R. '280.61.
8.3. Written
				Itemization. -- The insured must submit written itemization of projected
				contract costs to the director or the administrator prior to the acceptance of
				written bids in accordance with subsections 8.4 and 8.5 of this rule.
8.4. Bids Secured. -- The insured must secure
				a minimum of three (3) written bids to perform site activities necessary to
				comply with the requirements set forth in 40 C.F.R. ''280.62, 280.63, 280.64,
				280.65, and 280.66 when these activities are required by the
				division.
8.5. Acceptance of Bid.
				-- The insured is required to accept the lowest bid.
8.6. Reimbursement. -- The director or the
				administrator is responsible for reimbursing the insured for all eligible
				expenses at an amount no greater than the lowest bid less the insured's
				deductible.
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 33-32 - Underground Storage Tank Insurance Trust Fund › Section 33-32-9 - Non-Emergency Claims

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1.
				Notification of Claim. -- The insured must notify the director and the
				administrator of an accidental release, real or alleged, within twenty-four
				(24) hours of the discovery of the release. The insured must notify, or verify
				that notice has been provided to, the director and the administrator of any
				occurrence which may result in a claim.
9.2. Bids Secured. -- The insured must secure
				a minimum of three (3) written bids to perform site activities necessary to
				comply with the requirements set forth in 40 C.F.R. ''280.62, 280.63, 280.64,
				280.65, and 280.66 when these activities are required by the
				division.
9.3. Acceptance of Bid.
				-- The insured is required to accept the lowest bid.
9.4. Reimbursement. -- The director or the
				administrator is responsible for reimbursing the insured for all eligible
				expenses as enumerated in the West Virginia petroleum underground storage tank
				insurance policy at an amount no greater than the lowest bid less the insured's
				deductible.
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 33-32 - Underground Storage Tank Insurance Trust Fund › Section 33-32-10 - Notification Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1.
				Notification Requirements. -- Owners and operators of underground storage tanks
				who have not fulfilled the notification requirements pursuant to W. Va. Code
				'33-30-4
				shall not be eligible for insurance coverage pursuant to this rule, until such
				notification is made and approved by the director.
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 33-32 - Underground Storage Tank Insurance Trust Fund › Section 33-32-11 - Powers and Duties of the Advisory Committee

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. Advisory Committee Powers, Duties, and
				Responsibilities. -- In addition to all other powers, duties, and
				responsibilities aforementioned in this rule and W. Va. Code '22-17-7,
				the advisory committee shall:
11.1.a. Have
				the authority to review and make recommendations to the director regarding all
				claims;
11.1.b. Have the authority
				to hear and make recommendations to the director regarding disputes that may
				arise from the operation of the underground storage tank insurance program
				established under W. Va. Code '22-17-22
				and this rule and
11.1.c. Have the
				authority to hear and make recommendations to the director regarding entering
				into an intergovernmental agreement with the revolving low-interest small
				business environmental loan program and commit up to $500,000 of the
				Underground Storage Tank Insurance Trust Fund Premium Fund to make loans to
				small businesses for underground storage tank qualifying loans as defined by
				the revolving low-interest small business environmental loan program
				established by W. Va. Code '22-24, as amended .
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 33-40 - Commercial Solid Waste Landfill Closure Assistance Program (97 tech cleanup changing # from 47-38C) › Section 33-40-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule establishes requirements for the operation of the Landfill
				Closure Assistance Program pursuant to W. Va. Code '22-16-1
				et seq. Article 16 provides an application process for the permittee, sets
				conditions for application approval, provides guidance for interim status
				assistance, and establishes a prioritization procedure for assistance. This
				rule applies to any permittee who may desire closure assistance from the
				Division of Environmental Protection.
1.2. Authority. -- W. Va. Code '22-16-13.
1.3. Filing Date. -- May 20, 1994.
1.4. Effective Date. -- June 1,
				1994.
1.5. Short Title. -- Closure
				Assistance Program.
1.6.
				Incorporation by Reference. -- Whenever federal or state statutes or
				regulations are incorporated into this rule by reference, the reference is to
				the statute or rule in effect on July 1, 1992.
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 33-40 - Commercial Solid Waste Landfill Closure Assistance Program (97 tech cleanup changing # from 47-38C) › Section 33-40-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Chief" means
				the chief of the Office of Waste Management, Division of Environmental
				Protection or his or her authorized representative.
2.2. "Cost of Project" includes the cost of
				the services authorized in W. Va. Code ''22-16-3 and 15, property, material and
				labor which are essential thereto, financing charges, interest during
				construction, and all other expenses, including legal fees, trustees'
				engineers' and architects' fees which are necessarily or properly incidental to
				the program;
2.3. "Director" means
				the director of the Division of Environmental Protection, or his or her
				authorized representative;
2.4.
				"Landfill" means any solid waste facility for the disposal of solid waste on
				land, and also means any system, facility, land, contiguous land, improvements
				on the land, structures or other appurtenances or methods used for processing,
				recycling or disposing of solid waste, including landfills, transfer stations,
				resource recovery facilities and other such facilities not herein specified.
				The facility shall be considered to be situated, for purposes of this rule, in
				the county where the majority of the spatial area of the facility is
				located;
2.5. "Permittee" means a
				person who has or should obtain a permit for a commercial solid waste facility
				that is a landfill;
2.6. "Project"
				means the providing of closure assistance to one or more landfills under this
				rule;
2.7. Incorporation of
				'22-15-2 Definitions.
				-- The definitions provided in W. Va. Code '22-15-2, and the rules promulgated
				thereunder, to the extent they are applicable, apply to 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 33-40 - Commercial Solid Waste Landfill Closure Assistance Program (97 tech cleanup changing # from 47-38C) › Section 33-40-4 - Conditions for Closure Assistance Application Approval

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1 Valid Landfill Facility Permit Required.
				-- The applicant must currently have in his or her possession a valid landfill
				facility permit in compliance with the Solid Waste Management Act (W. Va. Code
				'22-15-1,
				et seq.) containing an approved closure plan for the landfill facility.
4.1.a. That landfill facility permit must
				contain, in the form of "major" or "minor" modifications, all changes in name,
				operation, ownership, or operator(s).
4.1.b. That landfill facility permit must
				contain, in the form of a modification, the landfill facility NPDES
				requirements of the Water Pollution Control Act (W. Va. Code '22-11-1 et
				seq.).
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 33-40 - Commercial Solid Waste Landfill Closure Assistance Program (97 tech cleanup changing # from 47-38C) › Section 33-40-5 - Interim Status Assistance

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				Authority of the Director to Establish Maintenance Contracts. -- The director
				may establish maintenance contracts to maintain intermediate cover, water
				control structures, sediment control structures, surface water and ground water
				monitoring, gas management, leachate management and any other closure related
				requirements of W. Va. Code '22-15-1
				et seq. and rules promulgated pursuant thereto. These contracts will be
				established for the purpose of assisting the permittee, who has an approved
				closure assistance application, in maintaining compliance with closure related
				requirements until final closure activities are initiated.
West Virginia Code of State Rules › Agency 33 - Waste Management, Division Of Water And Waste Management › Title 33 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION WASTE MANAGEMENT › Series 33-40 - Commercial Solid Waste Landfill Closure Assistance Program (97 tech cleanup changing # from 47-38C) › Section 33-40-6 - Post-Closure Assistance

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1.
				Performance of Post-Closure Activities. -- Unless otherwise specified by the
				director, all post-closure monitoring maintenance, sampling, testing, and water
				treatment will be conducted by the Division of Environmental
				Protection.
West Virginia Code of State Rules › Agency 33 - Waste Management, Division Of Water And Waste Management › Title 33 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION WASTE MANAGEMENT › Series 33-40 - Commercial Solid Waste Landfill Closure Assistance Program (97 tech cleanup changing # from 47-38C) › Section 33-40-7 - Contracting

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Expenditure of
				Funds from the Closure Assistance Fund. -- All funds expended from the Closure
				Assistance Fund for the purposes of fulfilling the requirements of W. Va. Code
				'22-16-1
				et seq. will be in accordance with Department of Administration laws, rules,
				and procedures.
7.2. Assistance
				Contingent upon the Availability of Revenues. -- Landfill closure assistance
				provided by the director is contingent upon the availability of revenues from
				the Closure Cost Assistance Fund.
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 33-40 - Commercial Solid Waste Landfill Closure Assistance Program (97 tech cleanup changing # from 47-38C) › Section 33-40-8 - Final Closure Assistance Priority

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Priority for Final Closure Assistance.
				-- The director shall establish the priority for final closure assistance by
				assessing landfill conditions as provided for by the utilization of the
				Priority Evaluation Matrix in Appendix B.