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 47-62 - Initial Inspection, Certification and Spill Prevention Response Plan Requirements › Appendix B

Current through Register Vol. XLI, No. 28, July 12, 2024
INTERIM INSPECTION CHECKLIST
for INITIAL AST INSPECTION
1.
AST Design
(determination that the AST
				  continues to meet design standards)
2.
AST Construction and Installation
- including
				  but not limited to:
* Determination of proper foundation
* Compatibility of AST system with material stored
3. General Maintenance and Testing of AST system
				  -
Examination of the tank system exterior surfaces for:
* Flaws
* Areas of wear
* Corrosion
* Distortions
* Deterioration
* Any other conditions that might adversely affect structural
				  integrity such as results of a leak test, internal inspection, or other tank
				  integrity examination such that a determination on the suitability of the tank
				  for continued use can be clearly established.
4.
Corrosion Protection and Maintenance
(existing and past corrosion protection) - Provide assessment of the following,
				  as applicable:
* Galvanic and/or Impressed Current Systems
* External Coatings
* Internal Coatings or liners
5. Release Detection Method and
				  Procedures
6. Release Prevention Methods and
				  Procedures
7. Secondary Containment Structures (including the
				  following):
* Capacity requirements (including sufficient freeboard for
				  precipitation events)
* Compatibility requirements
* Soundness/Integrity
8. Record Keeping:
* Leak Detection System
* Corrosion Protection system
* General Operation and Maintenance (including upgrades and
				  repairs to AST system)
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 47-62 - Initial Inspection, Certification and Spill Prevention Response Plan Requirements › Appendix C

Current through Register Vol. XLI, No. 28, July 12, 2024
SPILL PREVENTION RESPONSE PLAN CHECKLIST
1. Fully Identify and Describe the Activities and
				  Processes that Occur at the Site.
2. Identify Applicable Hazard and Process Information
				  Including the Following:
* A list (name and Chemical Abstract Service number) of all
				  types of fluids stored in ASTs
* Amount of fluids stored in each AST (provide maximum
				  capacity and average storage volumes)
* Name and amounts of wastes generated that are stored in
				  ASTs
3. Material Safety Data Sheets (MSDS) for Each Fluid
				  Stored in ASTs at the Location.
* The MSDS must include the health hazard number identified
				  by the national Fire Protection Association
4. Provide Site Maps/Drawings of the Aboveground
				  Storage Tank Facility, to Include the Following Information:
* Show site boundary, abutting properties, nearby streets
				  and/or waterways
* Identify and locate major on-site structures, including all
				  ASTs and buildings
* Identify and locate all drainage pipes and water
				  outlets
* Identify and locate all monitoring and/or observation
				  wells
* Show legend, north arrow, and scale (preferably 1"=10' to
				  1"=25')
5. Provide a Preventive Maintenance Program Detailing
				  the Following:
* Leak detection monitoring
* Inspection procedures
* Identification of AST System stress points
* Employee training programs
* Corrosion protection and monitoring
* Security Systems
* Spill prevention measures
6. Emergency Response Information:
* Identify all facility staff to include name and title with
				  duties and responsibilities for developing, implementing, and maintaining the
				  facilities Spill Prevention Response Plan
* Provide detail description of the chain of command at the
				  aboveground storage tank facility
* Contact information for all facility emergency
				  coordinators
* Contact information for all known emergency response
				  contractors
* Detail the specific response that the facility and contract
				  emergency personnel shall take upon the occurrence of any release of fluids
				  from an AST at the facility
* Provide contact information for the person or persons to be
				  notified in the event of a release from an aboveground storage tank. At a
				  minimum this list should include contact information for the following:
o County and municipal emergency management agencies
o The nearest downstream public water supply (this
				  information will be provided to the tank owner by WVDEP when their AST
				  registration is approved, for inclusion in this plan)
o WVDEP Spill line (1.800.642.3074).
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 47-63 - Aboveground Storage Tanks › Section 47-63-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. - This
				legislative rule governs the registration, construction, installation,
				upgrading, use, inspection, maintenance, testing, and closure of aboveground
				storage tanks in this State.
1.2.
				Authority. - W. Va. Code §
									22-30-23
1.3. Filing Date. - June 27, 2016
1.4. Effective Date. - August 1,
				2016
1.5. Applicability -
1.5.a. The following are excluded from the
				requirements of this Rule because the Secretary has determined that they are
				tanks that do not represent a substantial threat of contamination or because
				they are equipment whose storage of substances is incidental to their
				predominant usage as equipment:
1.5.a.1.
				Surface impoundments, pits, ponds, lagoons, septic tanks, in ground sumps, or
				home aeration systems;
1.5.a.2.
				Heating and cooling equipment;
1.5.a.3. Equipment or machinery containing
				substances for operational purposes, such as hydraulic lifts and lubricating
				oil reservoirs for pumps and motors;
1.5.a.4. Tanks containing blasting agents or
				explosives as defined in 199 CSR1; and
1.5.a.5. Aboveground storage tanks that
				contain water treatment chemicals used for maintaining compliance with NPDES
				permit effluent limits in treatment systems that are located at facilities
				subject to either Groundwater Protection Rules for Coal Mining Operations (38
				CSR 2F) or a Coal Mining NPDES permit issued pursuant to 47 CSR 30 are not
				Level 1 tanks for the purpose of this rule unless the tank is located within a
				zone of critical concern.
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 47-63 - Aboveground Storage Tanks › Section 47-63-4 - AST Certificates to Operate and Permits/Plans

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.a. The owner's registration form shall
				also serve as a basis for an AST Certificate to Operate application for Level 1
				and Level 2 ASTs. An AST Certificate to Operate will be issued only for Level 1
				and Level 2 regulated ASTs.
4.1.a.1 An AST
				Certificate to Operate may be issued solely on the basis of the registration
				form, if the Secretary determines that sufficient information to issue the
				Certificate to Operate is contained within the registration.
4.1.a.2. The Secretary may request
				supplemental information as needed in order to issue an AST Certificate to
				Operate.
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 47-63 - Aboveground Storage Tanks › Section 47-63-5 - Operation and Maintenance Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1 Routine Maintenance Inspections - The
				owner or operator shall establish and implement routine inspections of
				conditions at each storage tank facility with regulated ASTs.
5.1.a. Secondary Containment Structure
				Inspections. - The owner or operator shall ensure that visual inspections of
				the secondary containment area are performed, at a minimum, once every fourteen
				(14) days for Level 1 AST systems and, at a minimum, at the time of the monthly
				check required in Section 5.1.b. of this Rule for Level 2 AST systems. The
				visual inspection may be accomplished by or supplemented with electronic
				surveillance and shall include:
5.1.a.1. A
				check of the facility to ensure that no potential hazardous environmental
				conditions exist associated with the regulated AST system, such as a check for
				evidence of an obvious release, spill, overflow or leakage from the regulated
				AST system, including any ancillary regulated equipment;
5.1.a.2. A check for signs of deterioration,
				discharges or accumulation of liquid substances, including water, inside the
				secondary containment area and confirmation that containment drain valves are
				secured in a closed position when not in use;
5.1.a.3. If water accumulation within the
				secondary containment results in the capacity of the containment being reduced
				by ten percent (10%) or more, the accumulated water shall be drained off and
				disposed of in accordance with applicable State and Federal
				requirements;
5.1.a.4. The
				inspection of the secondary containment structure shall be documented by the
				individual who conducted it and records maintained for a minimum of twelve (12)
				continuous months for review upon request 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 47-63 - Aboveground Storage Tanks › Section 47-63-7 - Corrective Action

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1 Owners and
				operators of ASTs must, in response to any confirmed release or threatened
				release from an AST, comply with the requirements of this section unless
				directed otherwise by the Secretary.
7.1a
				Secretary Authority to Assume Control of Releases
7.1.a.1 The Secretary reserves the right to
				assume control of any release or threatened release from an AST to address
				threats to human health, safety, water resources or the environment when the
				Secretary makes one of the findings set forth in W.Va. Code §
											22-30-8(c).
				In such cases, all liability, including payment to the Department of response
				costs, will remain with the owner or operator and its guarantors in accordance
				with W.Va. Code §§
											22-30-8(e) and
				(f).
7.1.a.2 To protect human health, safety, and
				the environment, the Secretary reserves the right for the Department or its
				contractors to enter and take appropriate actions on affected properties to
				investigate, abate, and remediate contamination as provided in W.Va. Code
				§
											22-30-8.
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 47-63 - Aboveground Storage Tanks › Section 47-63-8 - AST Design, Construction, and Installation

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1 Performance standards for regulated
				aboveground storage tanks
8.1.a. New regulated
				aboveground storage tank systems shall be constructed and installed in
				accordance with manufacturer's or fabricator's specifications and with
				applicable industry standards or codes of practice (relating to new aboveground
				tank installations and reconstructions) and requirements of this
				Rule.
8.1.b. Regulated aboveground
				storage tank system modifications or upgrades shall be performed in accordance
				with manufacturer's or fabricator's specifications and with applicable industry
				standards or codes of practice and requirements of this Rule.
8.1.c. In the absence of such standards or
				codes, construction, installation, modifications or upgrades shall be performed
				in accordance with the manufacturer's or fabricator's recommendations and
				utilizing good engineering practices.
8.1.d. Underground storage tanks shall not be
				used as an AST unless the manufacturer has certified that the tank was also
				designed for use as an AST.
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 47-63 - Aboveground Storage Tanks › Section 47-63-9 - Corrosion and Deterioration Prevention

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1 General corrosion requirements. - The
				owner or operator shall ensure that all regulated ASTs are maintained with
				those corrosion prevention measures that are necessary to prevent releases.
9.1.a. The owner or operator shall ensure
				that regulated AST systems are maintained with corrosion and deterioration
				prevention measures until the AST system has undergone permanent
				closure.
9.1.b. Acceptable
				corrosion and deterioration protection methods may include any one or a
				combination of various methods, such as cathodic protection systems (galvanic
				or impressed current), external and internal coatings, internal tank liners,
				storage in a manner that prevents metal contact with an electrolyte,
				construction out of noncorrodible material or metal construction with a
				noncorrodible material coating.
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 47-63 - Aboveground Storage Tanks › Section 47-63-10 - Release Prevention, Leak Detection and Secondary Containment

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1 Spill and
				Overfill Prevention General Requirements. - The owner or operator must ensure
				that releases from regulated ASTs due to spilling and overfilling do not occur.
				Regulated ASTs that do not receive deliveries of substances (e.g. an AST at an
				oil or gas site that is connected directly to a pipeline or well) are only
				subject to the spill and overfill prevention requirements of subsection 10.1
				through subdivision 10.1.b. of this section.
10.1.a. The owner or operator must ensure
				that the volume of storage capacity available in the tank is greater than the
				volume of product to be transferred to the tank before the transfer is made and
				that the transfer operation is monitored constantly by the owner's or
				operator's personnel to prevent overfilling and spilling, if there are no
				mechanical means to prevent overfilling.
10.1.a.1. For regulated ASTs that do not
				receive deliveries of substances (e.g. an AST at an oil or gas site that is
				connected directly to a pipeline or well), the requirement for constant
				monitoring of transfer operations is not applicable; however, the owner or
				operator must ensure that the AST is monitored in a manner so as to prevent
				spills and overfills.
10.1.a.2.
				Immediate action shall be taken by the owner or operator to stop the flow of
				fluids prior to exceeding tank capacity or in the event that an equipment
				failure occurs.
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 47-63 - Aboveground Storage Tanks › Section 47-63-11 - Nonoperational, Change in Service, and Closures of AST Systems

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1 Nonoperational
				ASTs. - An AST is considered nonoperational when the tank is empty and will not
				have fluids deposited in or dispensed out of the tank on or after June 6, 2014.
				Nonoperational ASTs cannot be returned to service.
11.1.a. Nonoperational ASTs must be
				registered and labeled in accordance with requirements of §
										22-30-11.
11.1.b. The owner or operator must
				permanently close AST systems located within the zone of critical concern that
				have been in nonoperational status for seven (7) years, unless the time frame
				for retaining the AST system in nonoperational status is extended by the
				Secretary upon request of the owner or operator and for good cause
				shown.
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 47-63 - Aboveground Storage Tanks › Section 47-63-12 - Financial Responsibility Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. General Financial Assurance
				Requirements
12.1.a. The owner or operator of
				a regulated AST must demonstrate financial responsibility for taking corrective
				action caused by accidental releases arising from the operation of aboveground
				storage tank systems. All forms of financial assurance must be submitted in
				accordance with the AST Act and this Rule in a manner prescribed by the
				Secretary and must remain in effect for the operational life of the tank or
				tank facility.
12.1.b. The
				mechanisms used to demonstrate financial assurance under this section must be
				conditioned upon the owner or operator complying with the Aboveground Storage
				Tank Act, any rules promulgated thereunder, any order of the Secretary, and the
				terms and conditions of the certificate to operate and ensure that the funds
				necessary to meet the costs of containment and corrective action for known
				releases will be available whenever they are needed.
12.1.c. The owner or operator shall
				demonstrate financial responsibility in an amount calculated as follows:
12.1.c.1. For Level 1 ASTs, an amount equal
				to twenty cents per gallon (20¢/gal.) of the aggregate storage capacity
				for the tank or tank facility, at a minimum of five thousand dollars
				($5,000).
12.1.c.2. For Level 2
				ASTs, an amount equal to ten cents per gallon (10¢/gal.) of the aggregate
				storage capacity for the tank or tank facility, at a minimum of five thousand
				dollars ($5,000).
12.1.d. The financial assurance mechanisms
				must be legally valid, binding, and enforceable under State and federal
				law.
12.1.e. If, for any reason, an
				owner or operator fails to maintain proper financial assurance for taking
				corrective action, the Secretary shall issue a cease and desist order and
				revoke the certificate to operate, and the owner or operator may not operate
				the regulated AST until appropriate financial assurance has been obtained for
				the AST system.
12.1.f. If the
				owner and operator of an aboveground storage tank are separate entities, only
				one entity is required to demonstrate financial responsibility; however, both
				parties are liable in event of noncompliance.
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 47-64 - Rules Governinig Aboveground Storage Tank Fee Assessments › Section 47-64-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope and
				Purpose. - This rule establishes schedules of registration fees, annual
				operating fees, and annual response fees for aboveground storage tanks governed
				by the Aboveground Storage Tank Act, W. Va. Code §
									22-30-1,
				et seq. This rule applies to any person who is subject to regulation by that
				Act.
1.2. Authority. - W. Va. Code
				§§
									22-30-12
				and
				22-30-13.
1.3. Filing Date. -June 27, 2016
1.4. Effective Date. -August 1,
				2016
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 47-64 - Rules Governinig Aboveground Storage Tank Fee Assessments › Section 47-64-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
Unless the context in which used clearly requires a different
				  meaning, the definitions contained in the Aboveground Storage Tank Act (the
				  Act), W. Va. Code §
									22-30-3,
				  and the Aboveground Storage Tank Rule, 47 CSR 63, apply to 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 47-64 - Rules Governinig Aboveground Storage Tank Fee Assessments › Section 47-64-3 - Fee Assessment

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
				Inventory Registration Fee
3.1.a. The
				Secretary shall collect an inventory registration fee from each owner of an AST
				subject to registration under the Aboveground Storage Tank Act.
3.1.a.1. For the initial inventory and
				registration, the fee shall be $40.00 per tank. For fee purposes, the initial
				registration period is June 6, 2014 through June 30, 2015.
3.1.a.2. For all ASTs installed after June
				30, 2015, the registration fee shall be $20.00 per tank.
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 47-64 - Rules Governinig Aboveground Storage Tank Fee Assessments › Section 47-64-4 - Fee Collection

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The
				Secretary shall provide to each tank owner an invoice for the fees assessed
				pursuant to this Rule. The invoice shall include an itemized list of fees
				assessed and the date upon which the fees are due and payable. The invoice
				shall be provided in the form and manner as prescribed by the
				Secretary.
4.2. Fees assessed
				pursuant to this Rule shall be paid by check, money order, credit card 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 shall be sent to the
				address on the fee assessment invoice by the date specified on the invoice. If
				the owner mails the fee payment, it shall be postmarked by the date specified
				on the invoice.
4.4. Correcting Fee
				Assessment Errors
4.4.a. If the Secretary
				undercharges a tank owner on a fee assessment invoice, the Secretary shall
				issue a corrected fee assessment invoice to the tank owner for
				payment.
4.4.b. If the Secretary
				overcharges a tank owner on a fee assessment invoice, the Secretary shall issue
				a corrected fee assessment invoice that is distributed for the next calendar
				year, unless the tank owner submits a written request for refund to the
				Secretary. The request for refund, along with documentation supporting the
				claim of erroneous assessment, shall accompany the payment of the assessed fee.
				The Secretary 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 or assessment of fees, whether by the Secretary or as a
				result of inaccurate information submitted by the tank owner, shall be
				corrected within one year of the due date posted on the fee assessment invoice.
				Any errors not identified within this one year period shall be deemed
				waived.
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 47-64 - Rules Governinig Aboveground Storage Tank Fee Assessments › Section 47-64-5 - Fee Deposit

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. For the
				initial registration fees assessed pursuant to paragraph 3.1.a.1 of this Rule,
				the Secretary shall deposit fifty percent of the fees collected into the
				special revenue account within the State Treasury designated the Aboveground
				Storage Tank Administrative Fund and fifty percent of the fees collected into
				the special revenue account within the State Treasury designated the Protect
				Our Water Fund.
5.2. The Secretary
				shall deposit the registration fees assessed for tanks that came into service
				after June 30, 2015 pursuant to subdivision 3.1.b of this Rule into the special
				revenue account within the State Treasury designated the Aboveground Storage
				Tank Administrative Fund.
5.3. The
				Secretary shall deposit the annual operating fees assessed pursuant to
				subsection 3.2 above and any penalties assessed in accordance with Section 6.2
				below into the Aboveground Storage Tank Administrative Fund.
5.4. The Secretary shall deposit the annual
				response fees assessed pursuant to subsection 3.3 above into the Protect Our
				Water Fund.
5.5. The deposit of a
				fee payment into the State Treasury is not acquiescence by the Secretary that
				the tank owner has paid for the correct number of tanks. Each tank owner is
				obligated to notify the Secretary if the number of tanks assessed is incorrect.
				The Secretary shall make necessary corrections in accordance with subsection
				4.4 above.
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 47-64 - Rules Governinig Aboveground Storage Tank Fee Assessments › Section 47-64-6 - Failure to Pay Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. A tank
				owner who does not make a full, timely payment of fees assessed pursuant to
				this Rule, or who otherwise fails to comply with the provisions of this Rule,
				may be subject to the penalties provided in the Aboveground Storage Tank Act,
				W. Va. Code §
									22-30-17.
6.2. The Secretary shall assess penalties on
				fee payments not received by the Secretary by the specified due date on the fee
				assessment invoice. Late fees shall be a cumulative sum based on the following
				penalty assessment: fifty percent of the balance assessed for delinquent fees
				in excess of 30 days after the due date specified on the fee assessment
				invoice.
6.3. An owner who fails to
				pay any of the fees required by the Aboveground Storage Tank Act and this Rule
				may be subject to civil action for collection of delinquent debts.
6.4. Failure to pay any of the fees required
				by the Aboveground Storage Tank Act and this Rule my result in administrative
				actions against the tank owner, including revocation of AST certificate(s) to
				operate.
6.5. If a tank owner
				attempts to register an AST and the Secretary accepts the registration, but the
				tank owner is delinquent in payment of any of the fees required by the
				Aboveground Storage Tank Act and this Rule, the Secretary may deny issuance of
				the Certificate to Operate the subject tank.
6.6. If tank ownership changes and any of the
				fees required by the Aboveground Storage Tank Act and this Rule for the subject
				tank are delinquent, the unpaid fee balance shall transfer to the new
				owner.
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 47-64 - Rules Governinig Aboveground Storage Tank Fee Assessments › Section 47-64-7 - Inflation or Deflation Based Fee Adjustments

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The annual operating fee set forth in
				this Rule is based on calendar year 2016 dollar value. The annual operating fee
				shall be indexed annually, up or down, based on the U.S. Department of Labor's
				Consumer Price Index (All items).
7.1.a.
				Invoices issued by the Department after July 1, 2017 shall reflect the
				cumulative inflation or deflation adjustment(s).
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 47-65 - Aboveground Storage Tank Administrative Proceedings and Civil Penalty Assessment › Section 47-65-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. - This
				rule establishes a procedure for the resolution of enforcement actions and the
				assessment of civil penalties for violations of the Aboveground Storage Tank
				Act in lieu of the institution of a civil action.
1.2. Authority. - W. Va. Code §
									22-30-16
1.3. Filing Date. - June 27, 2016
1.4. Effective Date. - August 1,
				2016
1.5. Nothing in this Rule
				shall be construed as limiting or altering the authority of the Secretary to
				enforce the provisions of the Aboveground Storage Tank Act ("Act")or the
				Aboveground Storage Tank Rule(s) ("Rules")as set forth therein. This
				enforcement provision is in addition to any and all other enforcement
				provisions set forth in the Act or Rules.
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 47-65 - Aboveground Storage Tank Administrative Proceedings and Civil Penalty Assessment › Section 47-65-2 - 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 Aboveground Storage Tank Act, W. Va. Code §
									22-30-3,
				and the Aboveground Storage Tank Rule, 47 CSR 63. 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
				Aboveground Storage Tank 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 an owner,
				operator, permittee or any person alleged to have violated the Act or its
				Rules.
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 47-65 - Aboveground Storage Tank Administrative Proceedings and Civil Penalty Assessment › Section 47-65-3 - 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 Aboveground Storage
				Tank Act or its Rules, the Secretary may, at his or her discretion, choose to
				institute administrative proceedings pursuant to the Act and this Rule to
				resolve the alleged violation.
3.2.
				Nota 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 a
				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 47 - Water Resources, Division Of Water And Waste Management › Title 47 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESOURCES › Series 47-65 - Aboveground Storage Tank Administrative Proceedings and Civil Penalty Assessment › Section 47-65-4 - 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 its Rules.
4.2. Notice of the Secretary's decision to
				commence an administrative proceeding shall be transmitted to the responsible
				party by certified mail or other transmittal method that offers proof of
				delivery (i.e. facsimile or electronic mail).
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
				or not it will participate in the administrative proceeding. Failure to timely
				respond shall be considered as refusal to participate in the process.
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 47-65 - Aboveground Storage Tank Administrative Proceedings and Civil Penalty Assessment › Section 47-65-5 - 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 violations are
				agreed to.
5.3. If agreed to,
				resolution of the alleged violations contained in the Notice shall be by
				Consent Order entered into by the responsible party and the
				Secretary.
5.4. The administrative
				proceeding may be terminated at any time, for any reason, by any party involved
				in the proceeding.
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 47-65 - Aboveground Storage Tank Administrative Proceedings and Civil Penalty Assessment › Section 47-65-6 - 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. The gravity-based
				penalty amount should be determined by examining two factors: potential for
				harm to human health or the environment and extent of deviation from the
				statutory or regulatory requirement.
6.1.a.
				Potential for harm to human health or the environment.
6.1.a.1. The potential for harm to human
				health or the environment from a violation may be determined by the likelihood
				and degree of exposure of persons or the environment to pollution or the degree
				of adverse effect of noncompliance on statutory or regulatory purposes or
				procedures for implementing the regulatory program.
6.1.a.2. Emphasis shall be placed on 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.3. 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 analysis.
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 47-65 - Aboveground Storage Tank Administrative Proceedings and Civil Penalty Assessment › Section 47-65-7 - 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, 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 and 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
				may 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 reject the
				modified Consent Order.
7.4.
				Penalties collected pursuant to this Rule shall be deposited into the
				Aboveground Storage Tank Administrative Fund or the Protect our Water Fund, as
				appropriate, for use in effectuating the purposes of the Act and its
				Rules.
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 47-65 - Aboveground Storage Tank Administrative Proceedings and Civil Penalty Assessment › Appendix A - CIVIL PENALTY MATRIX

Current through Register Vol. XLI, No. 28, July 12, 2024
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 48 - Miner Training Education And Certification › Title 48 - LEGISLATIVE EXEMPT RULE BOARD OF MINER TRAINING, EDUCATION AND CERTIFICATION (NOW BOARD OF COAL MINE HEALTH AND SAFETY) › Series 48-01 - Certification Of Underground Belt Examiners For underground Coal Mines › Section 48-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule pertains to the certification of belt examiners for underground coal mines
				pursuant to W. Va. Code §
									22A-2-39(i).
1.2. Authority. --- W. Va. Code §§
									22A-6-4,
				22A-6-5
				and 22A-3-39(i).
1.3. Filing Date.
				-- July 28, 2021.
1.4. Effective
				Date. -- August 27, 2021.
West Virginia Code of State Rules › Agency 48 - Miner Training Education And Certification › Title 48 - LEGISLATIVE EXEMPT RULE BOARD OF MINER TRAINING, EDUCATION AND CERTIFICATION (NOW BOARD OF COAL MINE HEALTH AND SAFETY) › Series 48-01 - Certification Of Underground Belt Examiners For underground Coal Mines › Section 48-1-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Certified Belt
				Examiner. -- A certified belt examiner shall mean any person who meets the
				criteria outlined in Section 3.1. of this rule, and is issued a belt examiner
				certification from the West Virginia Office of Miners' Health, Safety and
				Training.
2.2. Practical
				Underground Mining Experience. -- Practical underground mining experience means
				experience obtained while working as an underground miner, to include any
				required period of apprenticeship.
2.3. All terms used in this rule, not defined
				herein, shall have the meanings set forth in W. Va. Code §
									22A-1-2.
West Virginia Code of State Rules › Agency 48 - Miner Training Education And Certification › Title 48 - LEGISLATIVE EXEMPT RULE BOARD OF MINER TRAINING, EDUCATION AND CERTIFICATION (NOW BOARD OF COAL MINE HEALTH AND SAFETY) › Series 48-01 - Certification Of Underground Belt Examiners For underground Coal Mines › Section 48-1-3 - Criteria for Belt Examiner's Certification

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Prior to any person being issued a belt
				examiner's certification, such applicant must:
3.1.1. Possess a miner's certification (see
				48 CSR 2-2.9., "Guidelines for Issuing Underground Miner's
				Certificate");
3.1.2. Have a total
				of two (2) years of practical underground mining experience; and
3.1.3. Successfully complete the
				certification examination prescribed in Section 4.1. of this rule.
West Virginia Code of State Rules › Agency 48 - Miner Training Education And Certification › Title 48 - LEGISLATIVE EXEMPT RULE BOARD OF MINER TRAINING, EDUCATION AND CERTIFICATION (NOW BOARD OF COAL MINE HEALTH AND SAFETY) › Series 48-01 - Certification Of Underground Belt Examiners For underground Coal Mines › Section 48-1-4 - Examination Components

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
				Examinations for belt examiner certification shall consist of the following two
				parts:
4.1.1. Written.
4.1.1.a. Belt conveyor legal
				requirements.
4.1.1.b. Roof control
				practices.
4.1.1.c. Mine
				ventilation.
4.1.1.d. Mine gases
				and instruments.
4.1.1.e. Fire
				hazards.
4.1.1.f. Inspection and
				reporting procedures.
West Virginia Code of State Rules › Agency 48 - Miner Training Education And Certification › Title 48 - LEGISLATIVE EXEMPT RULE BOARD OF MINER TRAINING, EDUCATION AND CERTIFICATION (NOW BOARD OF COAL MINE HEALTH AND SAFETY) › Series 48-01 - Certification Of Underground Belt Examiners For underground Coal Mines › Section 48-1-5 - Application for Certification and Testing Procedures

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Any person desiring to become certified
				as a belt examiner must complete an application for certification and submit
				the same to the West Virginia Office of Miners' Health, Safety and Training.
				The applicant will be notified by the nearest regional office of the time and
				place of the next regularly scheduled examination.
5.2. A score of eighty percent (80%) on the
				written part, and passage of the practical part, is required for successful
				passage of the exam. The practical portion of the exam and subparts thereof
				will be scored on a pass/fail basis.
5.3. Upon taking the examination, any person
				who fails to achieve a score of eighty percent (80%) on the written part, or
				fails the practical part, shall be required to retake the entire examination in
				order to receive a certificate.
5.4. The Director of the Office of Miners'
				Health, Safety and Training, in conjunction with the Board of Coal Mine Health
				and Safety, shall develop the application form and guidelines for processing
				applications and administering examinations.
West Virginia Code of State Rules › Agency 48 - Miner Training Education And Certification › Title 48 - LEGISLATIVE EXEMPT RULE BOARD OF MINER TRAINING, EDUCATION AND CERTIFICATION (NOW BOARD OF COAL MINE HEALTH AND SAFETY) › Series 48-02 - Safety Training Program for Prospective Underground Coal Miners › Section 48-2-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule governs safety training programs for prospective underground coal
				miners.
1.2. Authority. -- W. Va.
				Code §§
									22-6-4
				and
				22A-6-5.
1.3. Filing Date. -- September 7,
				2021.
1.4. Effective Date. --
				January 5, 2022.
West Virginia Code of State Rules › Agency 48 - Miner Training Education And Certification › Title 48 - LEGISLATIVE EXEMPT RULE BOARD OF MINER TRAINING, EDUCATION AND CERTIFICATION (NOW BOARD OF COAL MINE HEALTH AND SAFETY) › Series 48-02 - Safety Training Program for Prospective Underground Coal Miners › Section 48-2-3 - Course Outline For Training For Prospective Underground Coal Miners

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. This course
				outline is sequenced by instructional units for eighty (80) hours of
				student-teacher contact. Implementation of this program may be achieved by
				using the training materials available through the West Virginia Office of
				Miners' Health, Safety and Training. Alternatively, individual training centers
				may implement the outline through their own resources as approved by the Board
				of Coal Mine Health and Safety.
3.2. General Orientation to Mining -
				Estimated Time: four (4) hours.
3.2.1. How
				coal is mined.
3.2.2. Types of coal
				mines.
3.2.3. Types of mining
				methods.
3.2.4. Basic coal mining
				terminology.
3.2.5. Uses of
				coal.
West Virginia Code of State Rules › Agency 48 - Miner Training Education And Certification › Title 48 - LEGISLATIVE EXEMPT RULE BOARD OF MINER TRAINING, EDUCATION AND CERTIFICATION (NOW BOARD OF COAL MINE HEALTH AND SAFETY) › Series 48-02 - Safety Training Program for Prospective Underground Coal Miners › Section 48-2-5 - Approval Procedures For Training Programs

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. All training centers planning to
				participate in the eighty (80) hour training effort must be approved by the
				Board of Coal Mine Health and Safety. Each prospective training center must
				send to the main office of the Office of Miners' Health, Safety and Training,
				Attention: Board of Coal Mine Health and Safety, the following information:
5.1.1. Address and location of the training
				center;
5.1.2. Description of
				equipment and facilities available;
5.1.3. List of participating instructors (See
				Section 6 for Approval Procedures for Instructors);
5.1.4. Classroom dimensions and appropriate
				number of students per class.
West Virginia Code of State Rules › Agency 48 - Miner Training Education And Certification › Title 48 - LEGISLATIVE EXEMPT RULE BOARD OF MINER TRAINING, EDUCATION AND CERTIFICATION (NOW BOARD OF COAL MINE HEALTH AND SAFETY) › Series 48-02 - Safety Training Program for Prospective Underground Coal Miners › Section 48-2-6 - Approval Procedures For Instructors

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Each instructor who will be teaching the
				eighty (80) hour course must seek approval from the Office of Miners' Health,
				Safety and Training by sending the following information to the main office of
				the Office of Miners' Health, Safety and Training:
6.1.1. A summary of the individual's teaching
				experience and related credentials (e.g., MSHA teaching
				certificates);
6.1.2. A description
				of the individual's work experience, underground mining or otherwise, in
				sufficient detail to determine the individual's exposure to the unit operations
				of coal mining;
6.1.3. The content
				area(s) in the training program for which he/she will be responsible;
6.1.4. The name and address of the person who
				should be notified as to the candidate's approval or disapproval.
West Virginia Code of State Rules › Agency 48 - Miner Training Education And Certification › Title 48 - LEGISLATIVE EXEMPT RULE BOARD OF MINER TRAINING, EDUCATION AND CERTIFICATION (NOW BOARD OF COAL MINE HEALTH AND SAFETY) › Series 48-03 - Safety Training Program for Prospective Surface Coal Miners › Section 48-3-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- Rule
				governing the safety training program for prospective surface coal miners in
				West Virginia.
1.2. Authority. --
				W. Va. Code §§
									22A-6-4
				and
				22A-6-5.
1.3. Filing Date. -- September 7,
				2021.
1.4. Effective Date. --
				January 5, 2022.