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 33-05 - Waste Tire Management Rule › Section 33-5-3 - Permitting Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
				Applicability.
3.1.a. A permit from the
				Department of Environmental Protection is required for any person or persons
				who generate, accumulate, collect, transport, store, process, dispose, or
				otherwise manage waste tires in the State of West Virginia on and after the
				effective date of this rule.
3.1.b.
				Exceptions to permitting requirements. Persons who use no more than one hundred
				waste tires for beneficial use, as defined in this rule, may, in the discretion
				of the Secretary, accumulate waste tires for this specific purpose without a
				permit. The commissioner of the Division of Highways may temporarily
				accumulate, without a permit, as many waste tires as he or she deems necessary
				at any location or locations necessary to effectuate waste tire pile
				remediation. A recycling facility is exempt from permitting whose only function
				is to accept at no charge, buy or transfer source separated material, including
				waste tires for reuse, resale or transfer for further processing. Provided
				that, a solid waste permit from the Department is not required for transporting
				waste tires.
3.1.c. Use of Waste
				Tires as Alternative Fuel. Waste tires or tire derived material that is used as
				an alternative or supplemental fuel shall not require a solid waste facility
				permit or be regulated under this rule: Provided, That the facility utilizing
				such material is permitted and regulated by the Division of Air Quality within
				the Department of Environmental Protection or other appropriate state
				regulatory agency.
3.1.c.1. Use of Waste
				Tires as a Raw Material Feedstock. A facility or pilot project which utilizes
				waste tires as raw material feedstock in a process such as pyrolysis,
				cryogenics, (chemical/thermal) or high pressure waterjetting to break down
				waste tires into their respective constituents of crumb rubber, polyester or
				nylon fiber, steel belts and other constituents not herein specified to develop
				new and/or recyclable materials shall not require a solid waste facility permit
				or be regulated under this rule: Provided, That the facility is permitted and
				regulated including the handling, storage, and stockpiling of waste tires
				consistent with this rule by the Division of Air Quality, Division of Water
				Resources or other appropriate state regulatory agency. Additionally, the
				Secretary may allow, without a solid waste facility permit, pilot or test
				projects using the latest best available technology.
3.1.c.2. Beneficial Use of Waste Tires. Whole
				waste tires or tire derived materials may be reused in the applications
				described under the definition of Abeneficial use@ in section 2 of this rule,
				or in other acceptable civil engineering applications. At the discretion of the
				Secretary, the Department may require a permit for the accumulation of more
				than 100 waste tires for beneficial use. Additionally, the Secretary has the
				authority to determine if an unreasonable number of waste tires have been
				accumulated for an unreasonable length of time for beneficial use. In such
				determination, the Secretary may take enforcement action for creating an open
				dump and require the removal and proper disposal of the waste tires.
3.1.d. Commercial Solid Waste
				Facilities Required to Accept Waste Tires.
3.1.d.1. Commercial solid waste facilities
				shall accept whole waste tires from any person and may charge a reasonable fee
				for acceptance of waste tires. Provided however, whole waste tires accepted may
				not be disposed of in a landfill except as allowed in paragraph 3.1.e.1 of this
				section and W. Va. Code '22-15-21(j).
				Provided further, that whole waste tires accepted which are not eligible for
				disposal shall be stored in accordance with 3.5.e.
3.1.d.2. Except as required in paragraph
				3.1.e.2 of this section, whole waste tires accepted by commercial solid waste
				facilities are exempt from the calculation of monthly tonnage limits and from
				any solid waste disposal assessment fees.
3.1.e. Exceptions to Prohibiting Waste Tires
				from Disposal in Landfills.
3.1.e.1 Commercial
				solid waste landfill facilities may only dispose of whole waste tires generated
				from the Division of Highways waste tire remediation projects and the
				Department of Environmental Protection Open Dump Program when the Division of
				Highways or the Department of Environmental Protection has determined that
				there is no other reasonable alternative available.
3.1.e.2. Whole waste tires accepted from the
				Division of Highways or the Department of Environmental Protection projects and
				program which are permanently disposed of in a landfill are not exempt from the
				calculation of monthly tonnage limits or any solid waste disposal assessment
				fees.
3.1.e.3. The Division of
				Highways and the Department of Environmental Protection may negotiate with a
				solid waste landfill facility for rates and charges for the disposal of waste
				tires regardless of the rates and charges established by the Public Service
				Commission.
3.1.e.4. Waste Tire
				Monofills. Waste tires may be disposed in waste tire monofills to provide a
				long term storage site for waste tires or tire derived material, while
				minimizing the risk of vector attraction, fire and leachate generation until
				such time that markets are further developed for reuse and recycling.
3.1.e.5. Alternative Daily Cover. Beneficial
				use of shredded waste tires is acceptable and may be substituted as alternative
				daily cover at solid wastelandfills, if approved in writing by the Department:
				Beneficial use of shredded waste tires as alternative daily cover is exempt
				from the calculation of monthly tonnage limits and solid waste disposal
				assessment fees. Provided, That the amount (tons) of shredded waste tires used
				beneficially as alternative daily cover must be included in each monthly
				tonnage report.
3.1.e.6. Beneficial
				Use as Select Waste in Commercial Solid Waste Landfill Facilities. Tire derived
				material may be beneficially used for the first eight (8) feet of select waste
				by being placed on the protective cover of the composite liner system and shall
				be exempt from the calculation of monthly tonnage limits and solid waste
				disposal assessment fees.