West Virginia Code of State Rules › Agency 57 - Commercial Hazardous Waste Management Facility Siting Board › Title 57 - LEGISLATIVE RULE COMMERCIAL HAZARDOUS WASTE MANAGEMENT FACILITY SITING BOARD › Series 57-01 - Commercial Hazardous Waste Management Facility Siting Board Certification Requirements › Appendix III - INSTRUCTIONS FOR OBTAINING A CERTIFICATE OF SITE APPROVAL

Current through Register Vol. XLI, No. 28, July 12, 2024
Siting Fee
Each application shall be accompanied by a money order or a cashier's check made payable to "The Commercial Hazardous Waste Management Facility Siting Fund" in the amount specified in Section 3.1 of Title 47, Series 35A (Commercial Hazardous Waste Management Facility Siting Fees). An additional fee in the amount specified in Section 3.3 of Title 47, Series 35A shall be paid by the applicant for each incomplete application that must be resubmitted to the Board, or for any subsequent modifications offered by the applicant after the Board has determined that the application is complete pursuant to the "Commercial Hazardous Waste Management Facility Siting Board Regulations" under Title 57, Series 1.
Number of Copies
Twenty (20) complete sets of the application are to be submitted to the Board at the following address:
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Format
An outline is attached which describes the requirements for siting approval. Part I specifies the items to be submitted as part of the application and the format in which these are to be provided. Part II specifies the duties of the Siting Board.
Effect of Certification
The approval and conditions of the Certificate of Site Approval shall supersede any local ordinance or regulation that is inconsistent or conflicts with the terms in the Certificate of Site Approval, but will not preclude or excuse the applicant from any required permits or approvals under any State or federal laws and regulations.
WEST VIRGINIA SITING APPLICATION FORMAT
PART 1
References are to Sections of the following West Virginia Administrative Regulations: The Certification Requirements of the Commercial Hazardous Waste Management Facility Siting Board (Title 57, Series 1), the Commercial Hazardous Waste Management Siting Fees (Title 47, Series 35A), and The Hazardous Waste Management Regulations (Title 47, Series 35).
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A. FACILITY DESCRIPTION No.
A-1. General Description: 4.6.9, 4.6.10 (Title 57, Series 1) ____
1. Describe activities to be conducted at the facility: ____
- type of treatment, storage, or disposal
- types of wastes and industries served
- list of hazardous wastes; including:
- EPA hazardous waste codes
- their respective volumes
2. Provide descriptive history: ____
- previous hazardous waste management activities
- present hazardous waster management activities
- SIC Codes applicable to the hazardous waste facility
- listing of all permits or construction approvals received or pending as required under Title 47, Series 35, Section 11.4.1.j.
3. Latitude and longitude of the facility ____
4. Names, addresses, and telephone numbers of the owner, operator, and principal shareholders of the facility. ____
A-2. Maps and Drawings: 4.6 (Title 57, Series 1) ____
A-2a. General Requirements for Drawing: ____
1. Scale - Must be 1" to 100' (or less)
2. Indicate (where applicable) location of all past, present, and future hazardous waste treatment, storage, disposal, and recycling areas.
A-2b. General Requirements for topographic map ____
1. Scale
- 7.5 minute series USGS topographic map
- Must be 1" to 200' (or less)
2. Contour interval
- Must be sufficient to determine pattern of surface water flow (5 feet if relief is greater than 20 feet; 2 feet if less than 20 feet; larger contour interval if located on mountains).____
3. Coverage
- At least 1000 feet around the facility ____
4. Show the following (more than one topo map or drawing may be used for clarity): ____
- map scale
- date
- 100-year floodplain area
- surface water (including intermittent streams
- wind rose (prevailing wind speed and direction)
- map orientation
- legal boundaries of hazardous waste management facility site
- access control
- injection and withdrawal wells (on-site and off-site)
- buildings and other structures
- sewers (process, storm, sanitary)
- loading and unloading areas
- access and internal roads
- fire control facilities
- run-off control systems
- flood control or drainage barriers
- location of operational TSD units within hazardous waste management facility site
- equipment clean-up areas
- surrounding land uses (e.g., residential, commercial, agricultural, recreational, schools, hospitals, institutions, and other businesses)
A-3. Facility Location Information: 4.3 (Title 57, Series 1),11.5.1.l (Title 47, Series 35) ____
A-3a. Location Standards: 11.5.1.l, 12 (Title 47, Series 35) ____
A-3a(1). Seismic Considerations 11.5.1.l.1 (Title 47. Series 35) ____
1. No faults within 3,000 feet of facility based on data from:
- U.S. Geological Survey (USGS) Publications
- USGS Aerial Reconnaissance within 5 miles
- aerial photo analysis within 3,000 feet
- reconnaissance based on walking area within 3,000 feet, or
2. No faults within 200 feet of facility's hazardous waste management activity based on data from:
- a comprehensive geologic analysis of the site
- subsurface exploration (trenching) if necessary
A-3a(2). Karst Terrain Standard: 11.5.1.l.2 (Title 47, Series 35) ____
1. No solution cavities underlying or possibly influencing the site based upon:
- U.S. Geological Survey and WV Geological and Economic fracture trend maps and Karst subsidence maps.
- test borings and engineering analysis sufficient to determine overburden stability.
A-3a(3). Subsurface Mining Area Standard: 11.5.1.l.3 (Title 47, Series 35)____
1. Facility not within 1,000 feet of a probable area of subsidence influence based upon:
- WV Department of Mines reports and maps
- U.S. Bureau of Mines maps
- provide calculations (include angle of draw) if necessary
A-3a(4). Critical Recharge Standard: 11.5.1.l.4 (Title 47, Series 35) ____
1. Not within an area which serves to recharge a public groundwater supply based upon:
- U.S. Geological Survey Maps
- Office of Water Resources
- Department of Health and Human Resources
A-3a(5). Wetlands Standard: 11.5.1.l.5 (Title 47, Series 35) ____
1. Not within or in an area influencing a wetlands based upon:
- U.S. Geological Survey Maps
- WV Division of Natural Resources, Section of Wildlife Resources.
- demonstrate that the site is not within, or topographically or hydrogeologically upgradient from a wetland.
A-3a(6). Dam-related Flood Standard: 11.5.1.l.6 (Title 47, Series 35) ____
1. Not within a floodpool
2. Not within danger-reach of unpermitted dam
- document dam permit or approval
- provide danger-reach flood level
3. Sources of information include:
- U.S. Army Corps of Engineers reports
- U.S. Geological Survey maps
- Office of Water Resources
A-3a(7). Floodplain Standard: 11.5.1.l.7, 11.5.1.l.8, 11.5.1.l.9 (Title 47, Series 35) ____
1. Provide documentation as to whether the facility will be located in the 100-year floodplain based upon:
- Federal Insurance Administration (FIA) flood map
- provide calculations and maps used where FIA map is not available.
- other sources of information
- U.S. Army Corps of Engineers
- Soil Conservation Service
- U.S. Geological Survey
- identify the 100 year flood level and any other special flooding (e.g. wave action).
A-3a(8). Demonstration of Compliance: 11.5.1.l.9, 12.1.7 (Title 47,Series 35) ____
1. If the facility is located within the 100 year floodplain, it must be designed, constructed, operated and maintained to prevent washout of hazardous waste by either:
- floodproofing and flood protection measures; or
- flood plan
A-3a(9). Flood Proofing and Flood Protection: 11.5.1.l.8 (Title 47,Series 35) ____
1. Provide the following:
- engineering analysis of hydrodynamic and hydrostatic forces expected from a 100-year flood.
- structural or other engineering studies of the design of the hazardous waste units and flood protection devices (e.g. floodwalls, dikes) and how they will prevent washout.
A-3a(10) Flood Plan: 11.5.1.l.8 (Title 47, Series 35) ____
1. Describe procedures for removing waste before flooding:
- timing relative to flood levels including time estimated to remove waste.
- location to which waste will be moved and demonstration that the new location is eligible to receive waste in accordance with the regulation under Sections 8 and 11, (Title 47, Series 35).
- procedures, equipment, and personnel to be used and means to ensure they will be available in time for use.
- potential for accidental discharge during movement
B. ENVIRONMENTAL ANALYSIS: 4.6.5 (Title 57, Series 1)
B-1. Provide a written analysis of environmental and economic impacts of the facility, including, but not limited to the following: ____
1. Predictable adverse impacts on: ____
- Wetlands
- Farmlands
- Surface Water
- Groundwater
- Wildlife
- Endangered Species
- Public Health and Safety
- Transportation networks
- Historical, cultural, and recreational areas
- Air Quality
- Counties or communities adjacent to proposed host community
2. Mitigation of such effects ____
- Evaluate and provide plan for mitigation
B-2. Exposure Information and Quantitative Assessment: 4.6.6 (Title 57, Series 1), 11.2.9 (Title 47, Series 35)
B-2a. Provide information on potential for public to be exposed to hazardous wastes or hazardous constituents through releases from the unit, including:____
1. Potential releases from normal operations and accidents at the unit, including transportation to and from the unit.
2. Potential pathways of human exposure resulting from the release.
3. Potential magnitude and nature of human exposure due to the release.
B-2b. Quantitative Assessment of Health Risks ____
This assessment shall consider and discuss the following,quantitatively and for each pathway identified: ____
1. Assessment of risk to human populations within a four (4) mile radius of the proposed facility.
2. Acute and chronic exposure scenarios.
3. Carcinogenic, teratogenic, systemic or other health risks, as appropriate.
B-3. Describe expected environmental benefits. ____
B-4. Describe expected economic benefits. ____
C. ADDITIONAL INFORMATION REQUIRED: 4.4 (Title 57, Series 1)
C-1. Indicate whether this is a new or revised application: 4.4 (Title 57, Series 1). ____
C-2. Provide a statement which indicates that, when the application is deemed to be complete by the Board, a legal advertisement containing required information will be published in at least 2 newspapers in vicinity of proposed location: 5.1.3 (Title 57,Series 1). ____
D. SIGNATORIES TO THE APPLICATION: 4.8 (Title 57, Series 1)
D-1. The required signature shall accompany the certification statement of Section 4.8 of Title 57, Series 1. ____
D-2. The application must be signed in accordance with Sections 4.8.1 and 4.9 of Title 57, Series 1. ____
D-3. Submit twenty copies of the completed application to the Board.
PART II
ACTIONS REQUIRED TO BE TAKEN BY THE SITING BOARD
A. NOTIFICATION TO APPLICANT AND COUNTY COMMISSIONS: 4.6.5.a.11., 4.9 (Title 57, Series 1).
A-1. The Board shall, within 60 days of receipt of application, mail written notice to applicant as to whether or not the application is complete. ____
1. If incomplete, the Board shall:
- Notify applicant of incompleteness
- Assess resubmittal fees
2. When complete, the Board shall notify the following persons of the quantitative assessment required:
- County Commission of host county
- County Commissions of all counties within a 4 mile radius
NOTE: The County Commission must appoint 2 ad hoc members to the Board within 30 days of the notice.
A-2. The Board shall, if potential adverse impacts beyond host community are identified, peform the following: ____
1. Notify the respective County Commission(s).
2. Publish Class I-O legal advertisement in that county's newspaper identifying impacts.
B. DETERMINATION OF COMPLETENESS AND NOTIFICATION: 5 (Title 57, Series 1)
B-1. The Board shall perform the following within 30 calendar days after the Board's determination that the application is complete: ____
1. Publish the following information in the State Register:
- notice of public comment period
- notice of public hearing
2. Provide copy of the application to public library in proposed host community (or in closest library) for public inspection.
3. Hold the public hearing within 60 calendar days of completeness determination.
4. Hold the public hearing in the county:
- where the facility is to be located.
- convenient to a population center nearest to the proposed facility location.
5. Keep an accurate record (transcription) of the hearing. (At the applicant's expense.)
6. Consider no written comments after close of hearing. (Except as provided under Section 5.1.1.e (Title 57, Series 1.)
7. Reopen public comment public period and schedule additional public hearing, if necessary, for unsettled issues.
8. Make transcripts of the hearing available through the Office of Waste Management Public Information Office.
9. Provide written notice to Chief Executive Officer in affected municipality.
10. Direct applicant to publish legal advertisement containing required information in at least 2 newspapers in vicinity of proposed location.
C. APPROVAL OR DENIAL OF APPLICATION: 6 (Title 57, Series 1)
C-1. The Board shall render one of the following decisions, upon completion of the public hearing and within 60 days of the public hearing:____
1. Grant Certificate of Site Approval
2. Grant Conditional Certificate of Site Approval
3. Deny Certificate of Site Approval
Note: Board may seek consultation with applicant or Office of Waste Management for clarification before decision is made.
C-2. The Board shall send immediate, certified, written notification of the decision to the applicant and, upon request, to the public.____
C-3. The Board shall become involved in judicial review of interests adversely affected by the decision when a petition is filed. ____