reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 47 - Water Resources, Division Of Water And Waste Management › Title 47 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESOURCES › Series 47-34 - Dam Safety Rule › Section 47-34-6 - Plans and Specifications

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1.
				Plans and Specifications - Plans and specifications relating to the design,
				placement, construction, enlargement, alteration, removal, abandonment, or
				repair of a dam must be prepared in accordance with the requirements of
				sections 7 through 12.
6.2.
				Engineer's Signature and Seal Required - All plans and specifications shall be
				signed and sealed by an engineer. The engineer's signature and seal are
				required on each full-size plan sheet, even if the sheets are bound together,
				and are further required on the front page of any engineering report book and
				each unbound sheet of drawings or specifications included in appendices or
				pockets.
6.3. Engineering Practices
				- All plans and specifications for the placement, construction, enlargement,
				alteration, breaching, removal, abandonment, or repair of a dam shall be in the
				charge of an engineer.
6.3.a. Standard
				Practices - All engineering designs, procedures, processes, and analyses shall
				be based upon standard, accepted, and sound engineering practices. Practices
				which are questionable or difficult to prove analytically may be rejected by
				the Secretary or returned for additional information.
6.3.b. Experimental Practices - Experimental
				design will not be approved by the Secretary unless the experiment meets the
				following conditions:
6.3.b.1. Engineering
				analysis indicates the design is realistic and success is likely;
6.3.b.2. Failure of the experiment to perform
				properly will not endanger life and property or cause the failure of the dam;
				and
6.3.b.3. The engineer and dam
				owner agree to redesign and modify the experimental design if it does not
				perform properly.
West Virginia Code of State Rules › Agency 47 - Water Resources, Division Of Water And Waste Management › Title 47 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESOURCES › Series 47-34 - Dam Safety Rule › Section 47-34-7 - Design Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1.
				Hydrologic Considerations.
7.1.a. General
				Hydrologic Requirements.
7.1.a.1. Hydrologic
				Investigation.
7.1.a.1.A. A survey shall be
				conducted to evaluate soil types, land use, land slope, watershed area, runoff
				curve number, and any other factors needed to establish watershed
				characteristics. A summary of all hydrologic and hydraulic data compiled in the
				initial site investigation and used in the analysis shall be included in table
				or figure form in the plan package.
7.1.a.1.B. A stream flow analysis shall be
				conducted to evaluate stream flow quantity and quality as it affects the dam
				and its appurtenances.
West Virginia Code of State Rules › Agency 47 - Water Resources, Division Of Water And Waste Management › Title 47 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESOURCES › Series 47-34 - Dam Safety Rule › Section 47-34-8 - Construction or Modification of a Dam

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Construction Requirements.
8.1.a. Notification of the Commencement of
				Construction - Prior to the commencement of construction activities in the
				project area, the person who has been issued a certificate of approval, or his
				or her representative, shall notify the Secretary of the following:
8.1.a.1. The intent of the contractor to
				start construction in the project area and the date of such start-up.
8.1.a.2. The name, address, and telephone
				number of the owner's authorized contact person at the project area who is
				responsible for communicating with the Dam Safety Section and for receiving
				inspections reports and legal notifications.
West Virginia Code of State Rules › Agency 47 - Water Resources, Division Of Water And Waste Management › Title 47 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESOURCES › Series 47-34 - Dam Safety Rule › Section 47-34-9 - Breaching of a Dam

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Application to
				Breach a Dam - The owner of a dam must obtain a certificate of approval from
				the Secretary prior to the breaching of the dam. A complete application in
				accordance with the provisions of subsection 5.1. must be submitted to and
				approved by the Secretary prior to the commencement of breaching activities.
9.1.a. Plan Package Requirements - The plan
				package submitted in order to breach a dam shall be in accordance with the
				applicable requirements of section 6 and must also include the specific
				requirements delineated in subsection 9.2 through subsection 9.10. Narratives,
				plans, or specifications required under section 6 which are clearly not
				applicable to the proposed breaching activities may be omitted from the
				submittal; however, the Secretary reserves the right to specify those items
				which must be included in the breaching plan package.
West Virginia Code of State Rules › Agency 47 - Water Resources, Division Of Water And Waste Management › Title 47 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESOURCES › Series 47-34 - Dam Safety Rule › Section 47-34-10 - Removal of a Dam

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. Application
				to Remove a Dam - The owner of a dam must obtain a certificate of approval from
				the Secretary prior to the removal of the dam. A complete application in
				accordance with the provisions of subsection 5.1. must be submitted to and
				approved by the Secretary prior to the commencement of removal activities.
10.1.a. Plan Package Requirements - The plan
				package submitted in order to remove a dam shall be in accordance with the
				applicable requirements of section 6 and must also include the specific
				requirements delineated in subsection 10.2 through subsection 10.8. Narratives,
				plans, or specifications required under section 6 which are clearly not
				applicable to the proposed removal activities may be omitted from the
				submittal; however, the Secretary reserves the right to specify those items
				which must be included in the removal plan package.
West Virginia Code of State Rules › Agency 47 - Water Resources, Division Of Water And Waste Management › Title 47 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESOURCES › Series 47-34 - Dam Safety Rule › Section 47-34-12 - Reduction or Enlargement of a Dam

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. Reduction of Dam Height To Less Than
				Jurisdiction.
12.1.a. A person planning to
				reduce the height of a dam so that the remaining structure will no longer meet
				the definition of "dam" set forth in subsection 2.12. must obtain a certificate
				of approval from the Secretary.
12.1.b. A complete application in accordance
				with the provisions of subsection 5.1. must be submitted to and approved by the
				Secretary prior to the commencement of reduction activities. The application
				must also contain information showing that the remaining impounding structure
				will not cause loss of life or appreciable property damage downstream should
				that structure fail.
12.1.b.1. Plan Package
				Requirements - The plan package submitted in order to reduce the height of a
				dam shall be in accordance with the applicable requirements of section 6 and
				must also include the specific requirements delineated in subdivision 12.1.c.
				and subdivision 12.1.d. Narratives, plans, or specifications required under
				section 6 which are clearly not applicable to the proposed reduction may be
				omitted from the submittal; however, the Secretary reserves the right to
				specify those items which must be included in the reduction plan
				package.
12.1.c. The
				remaining structure shall have a properly designed spillway system capable of
				passing a Class 3 design storm without overtopping.
12.1.d. The remaining structure shall achieve
				a factor of safety in accordance with the provisions of subparagraph 7.4.b.1.C.
				or subparagraph 7.4.b.2.B. as appropriate to the type of structure.
12.1.e. The requirements of section 8 apply
				when reducing the height of a dam unless clearly not applicable to the
				reduction operation; however, the Secretary reserves the right to specify which
				requirements are applicable.
12.1.f. The Secretary shall retain
				jurisdiction over the remaining structure until the reduction operation is
				completed and a letter of acceptance has been issued by the
				Secretary.
West Virginia Code of State Rules › Agency 47 - Water Resources, Division Of Water And Waste Management › Title 47 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESOURCES › Series 47-34 - Dam Safety Rule › Section 47-34-13 - Dams Completed Before July 1, 1973

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. Complete Application Required - An
				application for a certificate of approval shall be submitted to the Secretary
				for all dams completed before July 1, 1973 which meet the definition of "dam"
				set forth in subsection 2.12. If the engineer can demonstrate that the dam
				meets the design requirements specified in this rule, an application for
				approval of an existing dam shall be submitted. If the dam requires
				modification to meet the requirements, an application for modification of an
				existing dam shall be submitted. If the above options are not exercised by the
				dam owner, an application to breach, remove, or properly abandon the dam
				pursuant to this rule shall be submitted.
13.2. Performance Requirements - All dams
				completed before July 1, 1973 shall meet the applicable design requirements of
				section 7. Those dams which do not meet the applicable design requirement of
				section 7 shall be modified, breached, removed, or properly abandoned pursuant
				to the provisions of this rule. In developing the required plans,
				specifications, and documentation necessary to bring the structure into
				conformity with section 7, the design engineer may consider in his or her
				submitted analyses, peculiarities and local conditions for each impounding
				structure with recognition of the many factors involved, some of which may not
				be precisely known. Existing construction documentation and the historical
				performance of the structure including documented storms and spillway flows may
				be considered by the engineer as part of the evaluation of the structure. Upon
				approval by the Secretary of the plans, specifications, and documentation
				submitted by the engineer, the Secretary may issue a certificate of
				approval.
13.3. Plan Package
				Requirements - The plan package submitted for approval or modification of an
				existing dam shall be in accordance with applicable requirements of section 6,
				except that testing and analysis results may be substituted for design
				specifications. If as-built drawings are not available, the engineer may
				substitute drawings prepared by him or her which represent the existing
				conditions at the dam as determined through the testing and analysis
				program.
West Virginia Code of State Rules › Agency 47 - Water Resources, Division Of Water And Waste Management › Title 47 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESOURCES › Series 47-34 - Dam Safety Rule › Section 47-34-14 - Sale or Transfer of a Dam

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. Notification and Documentation - Within
				thirty (30) days after the sale or transfer of a dam, the Secretary must be
				notified of that transaction by the person who was issued the certificate of
				approval for the dam.
14.1.a. The seller of a
				dam must provide the following documentation to the Secretary:
14.1.a.1. The name and address of new
				owner;
14.1.a.2. A copy of the
				signed agreement between the previous and new owner acknowledging certificate
				of approval responsibility and including any warranties, insurance coverage, or
				liability agreements between the parties;
14.1.a.3. The effective date of the ownership
				or responsibility transfer; and
14.1.a.4. Documentation that a copy of the
				certificate of approval or the most recent Dam Control Act notice to comply or
				order -- if a valid certificate of approval does not exist -- has been entered
				in the deed or land records of the county in which the dam is
				located.
West Virginia Code of State Rules › Agency 47 - Water Resources, Division Of Water And Waste Management › Title 47 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESOURCES › Series 47-34 - Dam Safety Rule › Section 47-34-15 - Dam Operations and Safety

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1. Safe Operations - The owner of a dam
				shall ensure that his or her dam is operated in a safe and responsible manner
				so as not to endanger life or property.
15.2. Operations Plan - Owners of dams which
				require the operation of gates, penstocks, or other means of regulating the
				reservoir level or downstream flow shall develop and submit an operations plan
				to the Secretary for approval.
15.2.a. Plan
				Contents - The operations plan shall include, but not be limited to, normal and
				seasonal operational procedures for gates, penstocks, and other reservoir or
				downstream flow regulating devices. The name, address, and telephone number of
				each individual authorized to operate the dam shall also be included in the
				plan.
15.2.b. Plan Implementation -
				The operations plan shall be implemented immediately upon approval by the
				Secretary and shall be updated periodically as necessary to reflect any changes
				in personnel or operation procedures.
West Virginia Code of State Rules › Agency 47 - Water Resources, Division Of Water And Waste Management › Title 47 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESOURCES › Series 47-34 - Dam Safety Rule › Section 47-34-16 - Dam Maintenance

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1.
				General Maintenance Requirements.
16.1.a.
				Required Maintenance - Each dam shall be maintained in accordance with the
				plans and specifications approved under the applicable certificate of approval.
				The Secretary may require maintenance to be performed on a dam, whether or not
				a certificate of approval has been issued for that dam.
16.1.b. Maintenance Plan - Owners of dams
				shall formulate and submit a written maintenance plan to the Secretary for
				approval. The maintenance plan shall include, but not be limited to, schedules
				for maintaining embankments, concrete structures, vegetative or rock covers,
				gates, gate mechanisms, penstocks, or other reservoir-regulating devices,
				spillways, and appurtenances. The maintenance plan shall be implemented
				immediately by the dam owner upon the approval of the plan by the Secretary.
				The maintenance plan shall be updated periodically as necessary to reflect
				changing site conditions.
West Virginia Code of State Rules › Agency 47 - Water Resources, Division Of Water And Waste Management › Title 47 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESOURCES › Series 47-34 - Dam Safety Rule › Section 47-34-17 - Dam Repairs

Current through Register Vol. XLI, No. 28, July 12, 2024
17.1. General
				Repair Requirements - The Secretary may require repairs to be performed on a
				dam, whether or not the dam has a certificate of approval. Major repairs shall
				require a certificate of approval, issuance of which may or may not constitute
				final approval of the dam, as determined by the Secretary.
17.1.a. Routine Repairs (No Certificate
				Required) - Repairs conducted in accordance with the provisions of subsection
				16.3. shall not normally require an application for a certificate of approval;
				however, the Secretary may require such an application based upon site-specific
				conditions.
17.1.b. Major Repairs
				(Certificate Required) - Any repairs to a dam other than routine repairs listed
				in subsection 16.3. shall require an application for a certificate of approval
				in accordance with the provisions of this rule.
West Virginia Code of State Rules › Agency 47 - Water Resources, Division Of Water And Waste Management › Title 47 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESOURCES › Series 47-34 - Dam Safety Rule › Section 47-34-18 - Application and Annual Registration Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
18.1. Application Fees - Each application
				submitted to place, construct, enlarge, alter, repair, remove or abandon a dam
				shall include an application fee. No fee, however, shall be assessed for dams
				designed and constructed by the soil conservation service for soil conservation
				districts. The following application fees apply:
18.1.a. The application fee for placement,
				construction, alteration, enlargement, repair, or approval of a dam is three
				hundred dollars.
18.1.b. The
				application fee for breaching, or abandonment of a dam is two hundred
				dollars.
18.1.c. The application
				fee for removal of a dam is one hundred dollars.
West Virginia Code of State Rules › Agency 47 - Water Resources, Division Of Water And Waste Management › Title 47 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESOURCES › Series 47-34 - Dam Safety Rule › Section 47-34-19 - Civil Administrative Penalties

Current through Register Vol. XLI, No. 28, July 12, 2024
19.1. Enforcement Actions.
19.1.a. General - An authorized
				representative of the Secretary may commence an enforcement action for any
				observed violation.
19.1.b.
				Enforcement Action Procedures - An enforcement action shall be in writing,
				shall be signed by the Secretary or other authorized representative of the
				Secretary, and shall set forth with reasonable specificity:
19.1.b.1. The nature of the enforcement
				action with a reference to the section of the statute, rule, notice, order or
				certificate of approval term that was allegedly violated;
19.1.b.2. The time and date of the observance
				of the violation;
19.1.b.3. A
				reasonable description of the dam where the violation was observed, where
				within the operation or maintenance of the dam the observation was observed,
				and the condition or hazard determined by the Secretary;
19.1.b.4. The name, ownership and location of
				the dam and any identification number associated with it; and
19.1.b.5. In those instances where a notice
				or order has not been previously issued, the remedial action necessary to
				alleviate the violation and time limits for accomplishing the remedial
				action.
West Virginia Code of State Rules › Agency 47 - Water Resources, Division Of Water And Waste Management › Title 47 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESOURCES › Series 47-34 - Dam Safety Rule › Section 47-34-20 - State Deficient Dams Rehabilitation Assistance Program

Current through Register Vol. XLI, No. 28, July 12, 2024
20.1. The Secretary
				shall establish a State Deficient Dams Rehabilitation Assistance Program to
				direct the distribution of loans from the Dam Safety Rehabilitation Revolving
				Fund created under the Act.
20.2.
				Use of Moneys in the Fund. -- Moneys in the Fund shall be used to make loans to
				persons to finance costs for engineering, design, alteration, improvement,
				repair, breaching or removal of a deficient dam necessary to correct or remove
				the deficiencies and other activities as authorized by a federal grant or a
				legislative appropriation. The Fund may also be utilized by the Secretary to
				repair, remove or take other remedial action with respect to a deficient dam
				under the authority in section 22 of the Act. The Fund may also be used to
				defray administrative costs incurred by the Secretary or the
				Authority.
20.3. Each loan shall be
				in an amount that covers the reasonable and necessary cost of a project for
				which funds are sought by the applicant and which are not provided by other
				available sources. Dam owners may use multiple programs or sources to fund the
				rehabilitation costs for a deficient dam, up to 100 percent of rehabilitation
				costs. Dam owners cannot exceed 100 percent funding from multiple programs or
				sources and must provide the Secretary with any multiple source accounting to
				verify that the loan amount plus the additional sources of funding do not
				exceed 100 percent.
20.4. List of
				Deficient Dams. -- A State List of Deficient Dams shall be developed and
				updated periodically by the Secretary utilizing a priority ranking system,
				including, but not limited to, the following factors: size of dam and
				reservoir; condition of dam and its appurtenances; and hazard potential to life
				and property.
West Virginia Code of State Rules › Agency 47 - Water Resources, Division Of Water And Waste Management › Title 47 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESOURCES › Series 47-34 - Dam Safety Rule › Section 47-34-21 - Eligibility Criteria

Current through Register Vol. XLI, No. 28, July 12, 2024
The Secretary shall consider eligibility for loans to
				  include, but not be limited to, the following criteria:
21.1. Only those dams on the List of
				Deficient Dams are eligible for a loan from the Dam Safety Rehabilitation
				Revolving Fund in accordance with the priority specified in the List of
				Deficient Dams, provided that a person meets the criteria under subsection
				21.3.;
21.2. A person has submitted
				a complete application for a project with eligible costs;
21.3. A person is in a state of readiness to
				proceed to planning, design or construction and expend loan payments in a
				timely manner;
21.4. A person has
				demonstrated his or her ability to pay is less than the estimated cost of
				repair or removal of the dam;
21.5.
				A person has demonstrated his or her ability to repay a loan. The Secretary
				shall evaluate the borrower's financial stability, financial needs, and ability
				to repay based upon an appropriate examination of financial information,
				including, but not limited to, income and credit histories, income tax returns,
				financial statements and collateral offered to secure the loan;
21.6. Rehabilitation costs for any deficient
				dam are eligible, except for dams owned by the federal government;
21.7. Costs for State agency-required fish
				passage are eligible only if they are part of an overall rehabilitation
				project;
21.8. Costs for
				lake-enhancement projects such as lake dredging, sediment removal projects, or
				boat ramps, which do not enhance the safety of a deficient dam are not eligible
				to be funded through the Fund;
21.9. A person has provided an acceptable
				schedule for project initiation and completion; and
21.10. A person has demonstrated he or she
				has the financial, legal, and managerial capabilities to ensure adequate
				design, construction, completion of the project, and subsequent operation and
				maintenance of the dam. As a part of this demonstration, the person shall
				complete and submit to the Secretary financial capability worksheets supplied
				by the Secretary.
West Virginia Code of State Rules › Agency 47 - Water Resources, Division Of Water And Waste Management › Title 47 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESOURCES › Series 47-34 - Dam Safety Rule › Section 47-34-22 - Applications for Loans

Current through Register Vol. XLI, No. 28, July 12, 2024
22.1. A
				person who meets the eligibility criteria in section 21 may apply for a
				loan.
22.2. The applicant shall
				request a pre-application meeting with the Secretary to discuss the
				requirements of the program, including eligibility. A pre-application package,
				in a form prescribed by the Secretary, shall be completed and submitted to the
				Secretary prior to this meeting.
22.3. The review and approval by the
				Secretary of the pre-application package, including any project plans, design
				drawings and specifications, or other documents is for administrative purposes
				only and does not relieve the applicant or his agents and employees from
				properly planning, designing, constructing, operating, and maintaining the
				project as required under applicable federal and state statutes and
				rules.
22.4. If the project will
				involve two (2) or more persons, the applicant shall submit an agreement among
				the parties to the Secretary in a form prescribed by the Secretary.
22.5. After the pre-application meeting, a
				person desiring a loan from the Fund may make a separate application to the
				Secretary, on a form prescribed by the Secretary, for each project for which a
				loan is desired.
West Virginia Code of State Rules › Agency 47 - Water Resources, Division Of Water And Waste Management › Title 47 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESOURCES › Series 47-34 - Dam Safety Rule › Section 47-34-23 - Loan Agreements

Current through Register Vol. XLI, No. 28, July 12, 2024
Upon approval of an application for a loan, the Secretary
				  shall specify the provisions that are required to be contained in the loan
				  agreement, including:
23.1. The
				specific purposes for which the proceeds of the loan shall be expended, the
				cost of the project, the amount of the loan, and the terms of repayment of the
				loan and the security therefor, which may include a deed of trust or other
				appropriate security instrument creating a lien on such project or any other
				collateral the Secretary may require;
23.2. The procedures as to the disbursement
				of loan proceeds including an estimated monthly draw schedule, and the duties
				and obligations imposed upon the applicant in regard to the acquisition or
				construction of the project;
23.3.
				The agreement of the applicant to repay the obligations of such applicant under
				the loan agreement. Revenue may be pledged for the repayment of the loan
				together with all interest, fees, and charges thereon and all other financial
				obligations of the applicant under the loan agreement;
23.4. If notes or other interim obligations
				are being issued by the applicant, the agreement of the applicant to take other
				repayment actions as are required of the applicant under the loan
				agreement;
23.5. Payments of the
				principal and any interest on a loan shall be made by the applicant in
				accordance with the following:
23.5.a.
				Computation of Interest on Loans. -- Each loan shall bear interest from the
				date of the delivery of the notes of the applicant evidencing the loan to the
				applicant (or such other date as is determined by the Secretary) at a rate or
				rates per annum, either fixed or variable, as determined by the
				Secretary.
23.5.b. Fees and
				Charges. -- In addition to payments of principal and interest on a loan, each
				applicant shall agree in the loan agreement to pay fees and charges equal to
				the applicant's share of the administrative expenses of the Secretary and the
				Authority relating to the loan program or any bond program established by the
				Secretary and the Authority.
West Virginia Code of State Rules › Agency 47 - Water Resources, Division Of Water And Waste Management › Title 47 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESOURCES › Series 47-34 - Dam Safety Rule › Section 47-34-24 - Loans Conditioned Upon Availability of Moneys in the Fund

Current through Register Vol. XLI, No. 28, July 12, 2024
The obligation of the Authority to enter into loan agreements
				  shall be conditioned upon the availability of moneys in the Fund in amounts and
				  on terms and conditions, as at the direction of the Secretary, will enable the
				  Authority to make loans.
West Virginia Code of State Rules › Agency 47 - Water Resources, Division Of Water And Waste Management › Title 47 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESOURCES › Series 47-34 - Dam Safety Rule › Section 47-34-25 - Disbursement of Loan Moneys

Current through Register Vol. XLI, No. 28, July 12, 2024
25.1.
				Following the Secretary's approval of a loan and conditions to be included in
				the loan agreement, the Authority shall provide the person with the loan
				agreement setting forth the specific terms of the loan. The loan agreement,
				following execution by the person, constitutes a binding commitment for moneys
				from the Fund.
25.2. Moneys shall
				be disbursed from the Fund only upon a written authorization from the
				Authority. On a monthly basis, there shall be disbursed to each recipient the
				amount certified as costs incurred for the project. Said certification shall be
				made on an approved form. Moneys will be dispensed from the Fund upon
				presentation of an executed payment request form.
25.3. Each person receiving a loan shall
				comply with all terms and conditions of the loan agreement or notes or other
				debt instruments evidencing the loan.
25.4. Prior to commencement of construction,
				the Secretary and recipient shall hold a pre-construction conference to review
				the activities that shall take place during construction of the
				project.
25.5. Interim inspections
				of the project shall be conducted by the Secretary periodically during
				construction. A final inspection shall be conducted by the Secretary after
				construction has been substantially completed and before the final construction
				loan payment is disbursed.
25.6.
				The Secretary may use moneys from the Fund in accordance with provisions of
				section 22 of the Act. Before seeking a requisition from the Fund, the
				Secretary shall provide the information required in Section 20 of the Act to
				the Authority. Costs recovered from an owner by civil action shall be promptly
				deposited in the Fund.
West Virginia Code of State Rules › Agency 47 - Water Resources, Division Of Water And Waste Management › Title 47 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESOURCES › Series 47-34 - Dam Safety Rule › Section 47-34-26 - Owner's Responsibilities

Current through Register Vol. XLI, No. 28, July 12, 2024
Once a loan has been granted under this rule, the owner or
				  owners of a dam shall cooperate with the Secretary by:
26.1. Facilitating access to the dam and its
				appurtenances;
26.2. Making
				available all records maintained pursuant to the provisions of this rule for
				inspection by the Secretary upon request and where appropriate by the
				Authority;
26.3. Furnishing the
				Secretary with all plans, specifications, operation and maintenance data,
				instrumentation data, and other information pertinent to the dam and its
				appurtenances, or the loan;
26.4.
				Providing the Secretary with an operation and maintenance plan;
26.5. Maintaining the dam and appurtenances
				in the state of repair and operating condition required by the exercise of
				prudence; due regard for life or property; the application of sound and
				accepted engineering principles; and provisions of this rule;
26.6. Developing a monitoring and emergency
				action plan for the approval of the Secretary and implementing the plan upon
				approval;
26.7. Providing the
				Secretary with written, regularly scheduled reports describing progress toward
				repair or removal of the dam; and
26.8. Demonstrating the ability to
				appropriately operate and maintain the dam after rehabilitation is
				complete.
West Virginia Code of State Rules › Agency 47 - Water Resources, Division Of Water And Waste Management › Title 47 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESOURCES › Series 47-34 - Dam Safety Rule › Section 47-34-27 - Procurement Standards

Current through Register Vol. XLI, No. 28, July 12, 2024
27.1.
				Procurement Standards for Publicly-Owned Dams. -- Owners of publicly-owned dams
				shall comply with all applicable State laws and rules pertaining to competitive
				bid and prevailing wage requirements.
27.2. Procurement Standards for
				Privately-Owned Dams. -- Owners of privately-owned dams shall obtain a minimum
				of three bids prior to design, construction, or major procurement items as
				determined by the Secretary, provided that the Secretary may grant an exception
				in situations that may cause loss of life or property.
West Virginia Code of State Rules › Agency 47 - Water Resources, Division Of Water And Waste Management › Title 47 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESOURCES › Series 47-34 - Dam Safety Rule › Section 47-34-28 - Financial Management and Record Keeping

Current through Register Vol. XLI, No. 28, July 12, 2024
28.1. Financial Management. -- A loan
				recipient shall establish and maintain a financial management system to account
				for all costs incurred related to a project. This system shall assure that
				generally accepted accounting principles and practices are consistently applied
				in all financial matters related to the project.
28.1.a. Financial management shall include
				the following elements:
28.1.a.1. The
				maintenance of ledgers containing accurate, current, and complete records of
				all financial actions related to the project;
28.1.a.2. The maintenance of records that
				identify the source and amount of all moneys used for the project and
				documentation of how such moneys were used; and
28.1.a.3. The maintenance of records that
				allow a comparison of actual project costs with budgeted costs.
West Virginia Code of State Rules › Agency 47 - Water Resources, Division Of Water And Waste Management › Title 47 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESOURCES › Series 47-35 - Hazardous Waste Management Regulations (See 1st Public hearing 07/24/95) › Section 47-35-1 - SCOPE AND AUTHORITY

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1.
Scope and Purpose.
-- The purpose of this rule is to provide for the
				regulation of the generation, treatment, storage, and disposal of hazardous
				waste to the extent necessary for the protection of the public health and
				safety and the environment.
1.2.
Authority.
-- This rule is promulgated pursuant to the West
				Virginia Hazardous Waste Management Act, W. Va. Code, §
									22-18-1,
				et seq.
1.3.
Filing
				Date.
-- April 11, 1996.
1.4.
Effective Date.
-- June 1,
				1996.
1.5.
Amendment of
				Former Rule.
-- This rule amends the Hazardous Waste Management
				Regulations, 47 CSR 35, in effect prior to the date this rule becomes
				effective.
1.6.
Incorporation by Reference.
-- Whenever either federal statutes or
				regulations or state statutes or rules are incorporated by reference into this
				rule, the reference is to that statute or regulation in effect on July 1, 1995,
				unless otherwise noted in the text of this rule. This incorporation by
				reference is not intended to "replace or abrogate federal authorities granted
				the Resource Conservation and Recovery Act of 1976.
1.6.a. In applying the federal requirements
				incorporated by reference throughout this rule, the following exceptions or
				substitutions apply, unless the context clearly requires otherwise or the
				referenced rule cannot be delegated to the state:
1.e.a.1. "Office of waste management, West
				Virginia division of environmental protection" shall be substituted for
				"environmental protection agency."
1.6.a.2. "Chief of the office of waste
				management. West Virginia division of environmental protection" shall be
				substituted for "administrator," "regional administrator," and "director." In
				those sections that are not adopted by reference or that are not delegable to
				the state, "administrator", "regional administrator", and "director" shall have
				the meaning defined in
				40 CFR
				260.10.
1.6.a.3. Whenever the regulations require
				publication in the "Federal Register" compliance shall be accomplished by
				publication in the "West Virginia Register," a part of-the "State Register"
				created pursuant to the provisions of W. Va. Code, §
											29A-2-2
				for those areas applicable and delegable to the state.
1.6.a.4. Whenever in the federal regulation
				reference is made to the Resource Conservation and Recovery Act of 1976 §
				3010, as amended ( 42 U.S.C, § 6930 ), the reference should be to section
				4 of this rule. The notification requirements of the Resource Conservation and
				Recovery Act of 1976 §§ 3010 remain in effect and will be satisfied
				by compliance with section 4 of this rule.
West Virginia Code of State Rules › Agency 47 - Water Resources, Division Of Water And Waste Management › Title 47 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESOURCES › Series 47-35 - Hazardous Waste Management Regulations (See 1st Public hearing 07/24/95) › Section 47-35-2 - HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
40 CFR Part 260.
-- The
				provisions of 40 CFR part 260 are hereby adopted and incorporated by reference
				with the modifications, exceptions and additions set forth in this section.
2.1.a. The definitions of terms used in this
				rule shall have the meaning ascribed to them in 40 CFR parts 260, 261, 262,
				263, 264, 265, 266, 267, 268, 270, 273 and 279 with the exceptions,
				modifications and additions set forth in this section.
2.1.a.1. "Major facility" means a disposal or
				treatment facility which disposes or treats an amount of hazardous waste
				exceeding or equal to one thousand (1000) tons during a calendar year, and any
				storage facility having a storage capacity for one thousand (1000) tons of
				hazardous waste or more.
2.1.a.2.
				"Full regulation" means those rules applicable to generators of greater than
				one thousand (1000) kilograms of non-acutely hazardous waste in a calendar
				month and/or who treat, store or dispose of hazardous waste at their
				facility.
2.1.a.3. "Mercury
				containing lamp" means an electric lamp in which mercury is purposely
				introduced by the manufacturer for the operation of the lamp. Mercury
				containing lamps commonly include florescent lamps.
2.1.a.4. "Universal Waste" means any of the
				following hazardous wastes that are managed under the universal waste
				requirements of 40 CFR part 273:
(1) Batteries
				as described in 40 CFR § 273.2;
(2) Pesticides as described in 40 CFR §
				273.3; and
(3) Thermostats and
				mercury containing lamps as described in 40 CFR § 273.4.
West Virginia Code of State Rules › Agency 47 - Water Resources, Division Of Water And Waste Management › Title 47 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESOURCES › Series 47-35 - Hazardous Waste Management Regulations (See 1st Public hearing 07/24/95) › Section 47-35-3 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
40 CFR 261.
-- The
				provisions of 40 CFR part 261 ..are hereby adopted and incorporated by
				reference with the modifications, exceptions and additions set forth in this
				section.
3.1.a. In order for a mixture of a
				waste and one or more hazardous wastes identified in 40 CFR §§ 261.3
				(a) (2) (iv) to be exempt from the definition of hazardous waste, the owner or
				operator must comply with the following:
3.1.a.1. Provide a certification in writing
				to the chief that groundwater monitoring complying with either 40 CFR part 265,
				subpart F or which is approved by the chief, is or will be in place at the
				wastewater treatment facility identified in 40 CFR § 261.3 (a) (2) (iv). A
				time schedule for the installation of such groundwater monitoring must be
				included. This requirement does not apply to wastewater treatment units or
				containers.
3.1.a.2. Before
				claiming an exemption, the owner or operator of each wastewater treatment
				facility receiving mixtures of wastes under 40 CFR § 261.3 (a)(2)(iv)
				shall notify the chief of the receipt of such wastes on a form prescribed by
				the chief.
3.1.a.3. Annually submit
				to the chief a list of hazardous wastes that are expected to be present in the
				mixture to be exempted.
West Virginia Code of State Rules › Agency 47 - Water Resources, Division Of Water And Waste Management › Title 47 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESOURCES › Series 47-35 - Hazardous Waste Management Regulations (See 1st Public hearing 07/24/95) › Section 47-35-4 - NOTIFICATION OF HAZARDOUS WASTE ACTIVITY REGULATIONS

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
Applicability.
Any person
				that engages in a hazardous waste activity in the State of West Virginia shall
				notify the chief of these activities when he begins such activity, unless such
				activities are exempted from the requirements of these rules.
4.1.a. Any person as described in subsection
				4.1 of these rules that has notified the EPA or is subject to the requirements
				to notify EPA as specified in volume 45, number 39 of the Federal Register,
				dated February 26, 1980, pages 12746 through 12754, is subject to the provision
				of section 4 of these rules.
4.1.b.
				The purpose of section 4 of these rules is to provide a means for the State of
				West Virginia to utilize the information provided by all who complied with the
				notification requirements of EPA as described in subdivision 4.1.a. of these
				rules or all who initiated hazardous waste activities subsequent to the
				requirements of EPA as referenced above in subdivision 4.1.a of these rules to
				notify the chief of their hazardous waste activities.
West Virginia Code of State Rules › Agency 47 - Water Resources, Division Of Water And Waste Management › Title 47 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESOURCES › Series 47-35 - Hazardous Waste Management Regulations (See 1st Public hearing 07/24/95) › Section 47-35-5 - STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
40 CFR Part 262.
-- The
				provisions of 40 CFR part 262 are hereby adopted and incorporated by reference
				with the modifications, exceptions and additions contained in this
				section.
5.2.
40 CFR
§
262.10(e).
-- The provisions of 40 CFR § 262.10 (e)
				shall be excepted from incorporation.
5.2.a. A
				person who generates a hazardous waste as defined by 40 CFR part 261 is subject
				to the compliance requirements and penalties prescribed in W. Va. Code, §
										22-18-1 et
				seq. if he does not comply with the requirements of this rule. This rule no way
				abrogates the enforcement authority of the Resource Conservation and Recovery
				Act of 1976 § 3008.
5.2.b. All
				references to 40 CFR § 262.10 (e) shall be deemed references to subsection
				5.2 and the subdivisions herein, as appropriate.
West Virginia Code of State Rules › Agency 47 - Water Resources, Division Of Water And Waste Management › Title 47 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESOURCES › Series 47-35 - Hazardous Waste Management Regulations (See 1st Public hearing 07/24/95) › Section 47-35-6 - STANDARDS APPLICABLE TO TRANSPORTERS OF HAZARDOUS WASTE

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1.
40 CFR Part 263.
-- The
				provisions of 40 CFR part 263 are hereby adopted and incorporated by reference
				insofar as said regulations relate to the transportation of hazardous waste by
				air and water.
6.2.
Note.
-- The use of railroads for the transportation of hazardous waste
				is regulated by the West Virginia public service commission rules, "Rules and
				Regulations Governing the Transportation of Hazardous Waste by Rail", 150 CSR
				11. The use of the state. highways for the transportation of hazardous waste is
				regulated under the West Virginia division of highways, "Transportation of
				Hazardous Waste upon the Roads and Highways", 157 CSR 7.
West Virginia Code of State Rules › Agency 47 - Water Resources, Division Of Water And Waste Management › Title 47 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESOURCES › Series 47-35 - Hazardous Waste Management Regulations (See 1st Public hearing 07/24/95) › Section 47-35-7 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1.
Rules of the Air Quality Board, 45 CSR 35.
-- The standards in Section 7
				of these regulations apply to owners and operators of all facilities which
				treat, store, or dispose of hazardous waste except as otherwise provided by
				law. In addition to the standards in section 7 of these rules, the rules of
				the. air quality board, 45 CSR 25, apply to management facilities which may
				emit hazardous waste or the constituents thereof to the atmosphere including
				incineration facilities except as otherwise provided by law. For purposes of
				section 7 of these rules, the following persons are considered to be
				incinerating hazardous waste:
7.1.a. Owners or
				operators of hazardous waste incinerators; and
7.1.b. Owners or operators of boilers or
				industrial furnaces used to destroy wastes."
West Virginia Code of State Rules › Agency 47 - Water Resources, Division Of Water And Waste Management › Title 47 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESOURCES › Series 47-35 - Hazardous Waste Management Regulations (See 1st Public hearing 07/24/95) › Section 47-35-8 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1.
40 CFR 265.
-- The
				provisions of 40 CFR part 265 are adopted and incorporated by reference with
				the modifications, exceptions and additions set forth in this
				section.
8.2.
40 CFR §
				265.1
-- The provisions of 40 CFR § 265.1 (c) (14.) (iii) are
				amended to read as follows:
(iii) Thermostats and mercury containing lamps as described
				  in 40 CFR § 273.4.
8.3.
40 CFR §§ 265.12 (a),
				265.149 and 265.150.
-- The provisions of
				40 CFR
				265.12(a),
				265.149,
				and
				265.150
				are excepted from incorporation by reference.
8.4.
40 CFR §§265.345,
				265.347, 265.352.
- The provisions of 40 CFR §§ 265.345,
				265.347 and 265.352 relating to incinerators are excepted from incorporation by
				reference. Consult the rules of the air quality board regarding emissions from
				incinerators.
8.5.
Thermal
				Treatment.
-- The provisions of 40 CFR part 265, subpart P -- Thermal
				Treatment are incorporated by reference except for 40 CFR § 265.383 which
				is excepted from incorporation by reference. Consult the rules of the air
				quality board regarding emissions from thermal treatment units.
8.6.
40 CFR Part 265 Subparts AA, BB,
				CC
. -- The provisions of 40 CFR part 265, subparts AA, BB, and CC are
				excepted from incorporation by reference. Consult the rules of the air quality
				board regarding air emission standards for process vents and air emissions
				standards for equipment leaks.
West Virginia Code of State Rules › Agency 47 - Water Resources, Division Of Water And Waste Management › Title 47 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESOURCES › Series 47-35 - Hazardous Waste Management Regulations (See 1st Public hearing 07/24/95) › Section 47-35-9 - STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1.
40 CFR Part 266.
-- The
				provisions of 40 CFR part 266 are hereby adopted and incorporated by reference.
				Consult the rules of the air quality board regarding Subpart H of this
				part.