reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 33 - Waste Management, Division Of Water And Waste Management › Title 33 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION WASTE MANAGEMENT › Series 33-11 - Covered Electronic Devices Takeback Program › Section 33-11-4 - Registration Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Annual
				registration fees shall be paid by manufacturers to the department. The amount
				of the fee shall be based on whether an approved covered electronic device
				takeback program has been implemented in West Virginia by the manufacturer. The
				fees are structured as follows:
Initial Registration:
Did not implement an approved program in WV the
							 previous year
$10,000
Initial Registration:
Did implement and maintain an approved program in WV
							 the previous year
$3,000
Subsequent Registration:
Did not implement an approved program in WV the
							 previous year
$5,000
Subsequent Registration:
Did implement and maintain an approved program in WV
							 the previous year
$500
4.2.
				Registration fees are due to the department no later than the first day of
				January of the year to which they apply and shall accompany the required
				registration form described in section 3.5. The registration fees shall be paid
				in full, are nonrefundable, and shall not be pro-rated for the year.
4.3. A program shall be considered
				implemented during the year for which the manufacturer has submitted a complete
				performance report approved by the department.
4.4. Notwithstanding the lack of a complete
				performance report, a manufacturer that demonstrates to the satisfaction of the
				department that a takeback program for its brands was implemented and
				maintained in West Virginia during 2008 shall be subject to the initial
				registration fee of $3,000.
West Virginia Code of State Rules › Agency 33 - Waste Management, Division Of Water And Waste Management › Title 33 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION WASTE MANAGEMENT › Series 33-11 - Covered Electronic Devices Takeback Program › Section 33-11-5 - Performance Reports

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. All
				manufacturers that have implemented a covered electronic device takeback or
				recycling program shall submit a performance report to the department on or
				before February 15th detailing the programs methods
				and results for the previous year.
5.2. The department shall prescribe the
				annual performance report form to be used by manufacturers.
5.3. The department shall review all
				submitted performance reports and make a determination whether the program
				meets the minimum requirements of a takeback program.
5.4. The performance report shall include, at
				a minimum, the following information:
5.4.1.
				The total weight of covered electronic devices received by the program from
				West Virginia during the reporting year;
5.4.2. The total number of covered electronic
				devices from West Virginia that were recycled or refurbished and reused during
				the reporting year, either by actual count or by using average product
				weights;
5.4.3. A detailed
				description of the processes and methods used to collect, recycle or refurbish
				and reuse the covered electronic devices received from West Virginia;
5.4.4. Any significant changes to the program
				that the manufacturer plans to make in the current year;
5.4.5. Any additional information the
				Secretary deems appropriate to further the goals of the program.
West Virginia Code of State Rules › Agency 33 - Waste Management, Division Of Water And Waste Management › Title 33 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION WASTE MANAGEMENT › Series 33-11 - Covered Electronic Devices Takeback Program › Section 33-11-6 - Required Elements of a Manufacturer's Takeback Program

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. A manufacturer's takeback program must
				meet the following requirements to be approved by the department:
6.1.1. The takeback program shall enable a
				consumer to recycle covered electronic devices without paying a separate
				recycling fee at the time of recycling or collection;
6.1.2. The takeback program shall implement a
				method of collecting covered electronic devices that have reached the end of
				their useful lives and are labeled with the manufacturer's brand;
6.1.3. The takeback program shall implement a
				method of recycling, refurbishing or reusing the covered electronic devices
				collected or provide evidence that the recyclable materials were delivered to
				an electronic device recycling market;
6.1.4. The collection process of the covered
				electronic devices shall be reasonable, convenient, and available to the
				consumers of West Virginia and designed to meet the collection needs of those
				consumers.
6.1.4.a. Convenient systems of
				collection include mail-in recycling at no charge to the consumer, drop off
				centers, or collection events;
6.1.4.b. Manufacturers who use existing
				collection infrastructure for collecting covered electronic devices, such as
				public or private recycling centers and recycling organizations, or who
				establish a system of collection and recycling managed by a group of
				manufacturers, shall be deemed to meet the convenience requirement of this
				section.
6.1.5. The
				takeback program shall include information for the consumer on how and where to
				return the manufacturers covered electronic devices.
6.1.6. The takeback program shall include a
				method of maintaining a current and accurate record of all manufacturer's
				covered electronic devices collected and recycled or refurbished and
				reused.
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 33-11 - Covered Electronic Devices Takeback Program › Section 33-11-7 - Public List of Manufacturers

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1.
				The department shall maintain a current list of registered covered electronic
				device manufacturers and their brands and shall publish the list on the
				internet to provide retailers access to the manufacturers authorized to sell or
				lease their products in West Virginia.
7.2. No manufacturer shall be considered
				registered that has not complied with all the requirements of this
				rule.
7.3. Retailers are
				responsible for reviewing the public list of manufacturers periodically to
				ensure the brands they are selling are registered.
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 33-11 - Covered Electronic Devices Takeback Program › Section 33-11-8 - CED Recycling Grant Program

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1.
				CED Recycling Grants are available to counties and municipalities for the
				purpose of establishing CED recycling or takeback programs, CED collection
				events, and CED recycling education programs.
8.2. CED Recycling Grants are limited to a
				maximum amount of $40,000.
8.3.
				Applications for CED Recycling Grants shall be submitted to the department on
				forms prescribed by the department.
8.4. CED Recycling Grants shall be awarded on
				a tiered matching basis. The first $20,000 of a grant shall not require the
				grantee to provide matching funds. Any amount over the first $20,000 of a grant
				shall be matched by the grantee on a dollar-to-dollar basis. (Example: A grant
				in the amount of $32,000 would require a $12,000 match from the grantee. The
				total grant of $32,000 less $20,000 equals $12,000. The grantee would be
				required to match the $12,000 for a total project cost of $44,000).
8.5. All matching funds provided by the
				grantee shall be actual funds expended from sources other than funds provided
				by the department. In-kind costs and estimated costs shall not be considered
				matching costs.
8.6. At least fifty
				percent of the monies credited to the Covered Electronic Device Takeback Fund
				in the previous fiscal year shall be used for grants for the current
				year.
8.7. Applications must be
				postmarked no later than August 31 for consideration in the next grant
				period.
West Virginia Code of State Rules › Agency 33 - Waste Management, Division Of Water And Waste Management › Title 33 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION WASTE MANAGEMENT › Series 33-11 - Covered Electronic Devices Takeback Program › Section 33-11-9 - General Conditions Applicable to Grant Applications

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. The following general conditions apply
				to all applications for funding under the CED Recycling Grant Program:
9.1.1. The project shall be designed to
				affect a significant and measurable amount of covered electronic devices in the
				area to be served;
9.1.2. The
				project shall be designed to involve all or a substantial percentage of the
				residents located in the project area and should include a plan to provide
				public education regarding CED recycling.
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 33-11 - Covered Electronic Devices Takeback Program › Section 33-11-10 - Authorized Uses of Grant

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1.
				Authorized use of grant funds in an approved CED recycling program may include
				the following:
10.1.1. Operational costs
				incurred in the implementation of the program;
10.1.2. Costs associated with the production
				and distribution or placement of advertising in newspapers, radio, or
				elsewhere, such costs being related to the development and implementation of
				the program;
10.1.3. Purchase of
				equipment and supplies that will specifically serve to fulfill the program
				objectives;
10.1.4. Costs
				associated with promotional items that serve to create public awareness of the
				program;
10.1.5. Public
				informational and educational programs that increase public awareness or
				solicit public support for promoting citizen responsibility toward CED
				recycling;
10.1.6. Other relevant
				costs upon approval of the department.
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 33-11 - Covered Electronic Devices Takeback Program › Section 33-11-11 - Unauthorized Uses of a Grant

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1.
				The grantee shall not use a grant to replace funds currently budgeted or used
				to maintain and operate a CED recycling program during the grant
				period.
11.2. The grantee shall not
				use a grant for expenditures not substantially related to CED
				recycling.
11.3. Grant funds shall
				not be used for the following:
11.3.1. Land
				acquisitions;
11.3.2. Office
				furniture or equipment, or to decorate or renovate an office;
11.3.3. Entertainment costs;
11.3.4. Alcoholic beverages, meals, and
				gratuities;
11.3.5. Beautification
				costs;
11.3.6. Any type of lobbying
				expenses;
11.3.7. Landfill
				operations or management.
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 33-11 - Covered Electronic Devices Takeback Program › Section 33-11-12 - Departmental Review of Applications

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. The department may reject any and all
				applications that do not meet eligibility and submission requirements
				established by the department and this rule.
12.2. If the total request for funding for
				the year exceeds the amount of funding available for grants, the department may
				reject applicants that received a CED recycling grant the previous
				year.
12.3. The department shall
				review all applications and submit those applications recommended for funding
				to the Secretary for final approval and awarding.
12.4. Applicants shall be notified in writing
				of approval or denial of a grant within a reasonable time after award
				recommendations have been approved by the Secretary.
West Virginia Code of State Rules › Agency 33 - Waste Management, Division Of Water And Waste Management › Title 33 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION WASTE MANAGEMENT › Series 33-11 - Covered Electronic Devices Takeback Program › Section 33-11-14 - Department Site Visits

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. The
				department shall periodically conduct site visits with grantees. These visits
				shall be conducted to provide assistance, to review progress, to discuss any
				problems encountered in project implementation, or to review financial
				compliance and clarify any discrepancies found in the final report.
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 33-12 - Covered Electronic Device Recycling Rule › Section 33-12-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. - This
				legislative rule establishes requirements for the proper storage, handling,
				recycling, and disposal of covered electronic devices.
1.2. Authority. - W. Va. Code §
									22-15A-22(d)
				and (f).
1.3. Filing Date. - May 10, 2013
1.4. Effective Date. - July 1, 2013
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 33-12 - Covered Electronic Device Recycling Rule › Section 33-12-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
All definitions in W. Va. Code §§
									22-15-2
				  and
				  22-15A-2
				  are fully incorporated into this rule by reference. The following definitions
				  apply to this rule unless otherwise specified or unless the context in which
				  used clearly requires a different meaning.
2.1. "Covered Electronic Device" or CED means
				a television, computer or video display device with a screen that is greater
				than four inches measured diagonally. "Covered electronic device" does not
				include a video display device that is part of a motor vehicle or that is
				contained within a household appliance or commercial, industrial or medical
				equipment.
2.2. "Computer" means a
				desktop, personal computer or laptop computer, including the computer monitor.
				Computer does not include a personal digital assistant device, computer
				peripheral devices such as a mouse or other similar pointing device, a printer
				or a detachable keyboard.
2.3.
				"Television" means any telecommunication system device that can receive moving
				pictures and sound broadcast over a distance and includes a television tuner or
				a video display device peripheral to a computer in which the display contains a
				television tuner.
2.4. "Video
				Display Device" means an electronic device with an output surface that displays
				or is capable of displaying moving graphical images or visual representations
				of image sequences or pictures that show a number of quickly changing images on
				a screen to create the illusion of motion. Video display device includes a
				device that is an integral part of the display and cannot easily be removed
				from the display by the consumer and that produces the moving image on the
				screen. A "video display device" may use a cathode-ray tube (CRT), liquid
				crystal display (LCD), gas plasma, digital light processing, other
				image-projection technology or imaging display technologies.
2.5. "Cathode Ray Tube" means vacuum tubes,
				made primarily of glass, which constitute the video display components of,
				among other things, televisions and computer monitors.
2.6. "Covered Electronic Device Collector"
				means any person that accepts and stores CEDs for the purpose of sending them
				to an electronics recycling facility.
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 33-12 - Covered Electronic Device Recycling Rule › Section 33-12-3 - General Requirements Governing Covered Electronic Devices

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Certain
				Disposal Prohibited. - After January 1, 2011, it is unlawful to deposit CEDs in
				a solid waste landfill in West Virginia. CEDs must be delivered to a commercial
				solid waste facility or to a collection or recycling facility authorized to
				take them by the laws of the State of West Virginia or of the state where the
				collection or recycling facility is located.
3.2. Certain Disposal Allowed. - Solid waste
				landfills shall continue to accept for disposal all electronic devices that are
				not specifically exempted from landfill disposal by this rule.
3.3. Commercial Solid Waste Facilities
				Required to Accept Covered Electronic Devices
3.3.a. Commercial solid waste facilities
				shall accept CEDs from any person and may charge a reasonable fee for
				acceptance of the same, in accordance with the rates and charges established by
				the Public Service Commission pursuant to W. Va. Code §
										24-1-1,
				et seq. CEDs accepted by the commercial solid waste facility shall not be
				disposed of in a landfill except as allowed in subsection 3.4 of this
				rule.
3.3.b. CEDs collected by
				commercial solid waste facilities or CED collectors shall be stored and handled
				in compliance with the requirements of section 4 of this rule.
3.3.b. CEDs collected by commercial solid
				waste facilities are exempt from the calculation of monthly tonnage limits and
				from any solid waste disposal assessment fees.
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 33-13 - Reclamation of Abandoned and Dilapidated Properties Grant Program › Section 33-13-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope and
				Purpose - This legislative rule establishes procedures and sets out guidelines
				for county commissions, municipalities, urban renewal authorities created
				pursuant to West Virginia Code §
									16-18-1
et seq
.,
				and land reuse agencies and municipal land banks created pursuant to West
				Virginia Code §
									31-18E-1
et seq
.
				to apply for and receive grants for the purpose of remediating abandoned and
				dilapidated structures in their communities by demolishing or deconstructing
				them.
1.2. Authority - W. Va. Code
				§
									22-15A-30
1.3. Filing Date. - May 1, 2023
1.4. Effective Date. - May 1, 2023
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 33-13 - Reclamation of Abandoned and Dilapidated Properties Grant Program › Section 33-13-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Abandoned"
				means a code enforcement inspection has determined that the property is not
				habitable and the owner has taken no corrective actions within 90 days of
				notification of the deficiencies.
2.2. "Applicant" means county commissions,
				municipalities, urban renewal authorities created pursuant to West Virginia
				Code §
									16-18-1
et seq
.,
				and land reuse agencies and municipal land banks created pursuant to West
				Virginia Code §
									31-18E-1
et
				seq
.
2.3. "Application"
				means the written request submitted to the Secretary by the applicant on forms
				provided by the Secretary.
2.4.
				"Asbestos" means any of several minerals that readily separate into long
				flexible fibers, that cause asbestosis and have been implicated as causes of
				certain cancers, and that have been used especially formerly as fireproof
				insulating materials.
2.5.
				"Department" means the West Virginia Department of Environmental
				Protection.
2.6. "Dilapidated"
				means a structure that has decayed, deteriorated, or fallen into partial ruin
				especially through neglect or misuse.
2.7. "Grant" means funds allocated to an
				approved program applicant by the Department pursuant to West Virginia Code
				§
									22-15A-30.
2.8. "Grantee" means the entity to whom the
				grant has been awarded.
2.9. "Grant
				Period" means the 12 months following approval of a grant application and
				execution of a grant agreement.
2.10. "Municipality" means a community
				incorporated through the West Virginia Secretary of State's Office.
2.11. "Secretary" means the Secretary of the
				Department of Environmental Protection.
West Virginia Code of State Rules › Agency 33 - Waste Management, Division Of Water And Waste Management › Title 33 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION WASTE MANAGEMENT › Series 33-13 - Reclamation of Abandoned and Dilapidated Properties Grant Program › Section 33-13-3 - Reclamation of Abandoned and Dilapidated Properties (RADP) Grant Program

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. RADP Grants
				are available to county commissions, municipalities, urban renewal authorities
				created pursuant to West Virginia Code §
									16-18-1
et seq
.,
				and land reuse agencies and municipal land banks created pursuant to West
				Virginia Code §
									31-18E-1
et seq
.
				for the purpose of remediating abandoned and dilapidated structures in their
				communities by demolishing or deconstructing them.
3.2. Applications for RADP Grants shall be
				submitted through the West Virginia Vendor Self Service (VSS) portal on forms
				prescribed by the department.
3.3.
				The RADP Grants will be awarded for a period of one year from the date of the
				grant agreement. One six-month extension may be granted for good cause if a
				request is submitted in writing to the Secretary before the expiration of the
				12-month grant period. Subsequent grants may be obtained by a grantee through
				submission of a new application submitted through the VSS portal to the
				department, so long as all the objectives of the current grant have been
				completed to the satisfaction of the Secretary.
West Virginia Code of State Rules › Agency 33 - Waste Management, Division Of Water And Waste Management › Title 33 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION WASTE MANAGEMENT › Series 33-13 - Reclamation of Abandoned and Dilapidated Properties Grant Program › Section 33-13-4 - General Conditions Applicable to Grant Applications

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The following general conditions apply
				to all applications for funding under the RADP Grant Program:
4.1.a. This project shall provide
				environmental improvement through decreasing imminent danger, risk to public
				health and welfare and negative visibility of structures.
4.1.b. This project may provide for
				redevelopment of property or new development initiatives.
4.1.c. This project shall give priority to
				structures near highly visible traffic areas, tourism corridors, and/or common
				open space.
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 33-13 - Reclamation of Abandoned and Dilapidated Properties Grant Program › Section 33-13-5 - Authorized Uses of Grant

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Authorized
				use of grants funds in an approved RADP Grant Program may include the
				following:
5.1.a. Asbestos testing;
5.1.b. Asbestos removal prior to
				demolition;
5.1.c. Demolition of
				Structure;
5.1.d. Costs associated
				with structure disposal at a permitted landfill or materials recovery
				center;
5.1.e. Site
				stabilization;
5.1.f. Legal costs
				associated with securing properties for demolition; and
5.1.g. Other relevant costs upon approval of
				the department.
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 33-13 - Reclamation of Abandoned and Dilapidated Properties Grant Program › Section 33-13-6 - Unauthorized Uses of Grant

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The grantee
				shall not use a grant to replace funds currently budgeted to demolish or
				deconstruct an abandoned or dilapidated structure.
6.2. The grantee shall not use a grant for
				expenditures not related to demolishing or deconstructing an abandoned or
				dilapidated structure.
6.3. Grant
				funds shall not be used for the following:
6.3.a. Land acquisitions;
6.3.b. Environmental testing of soil
				conditions;
6.3.c. Administrative
				costs;
6.3.d. Beautification costs
				that are not related to site stabilization;
6.3.e. Office equipment;
6.3.f. Entertainment costs;
6.3.g. Alcoholic beverages, meals and
				gratuities;
6.3.h. Any type of
				lobbying expenses; or
6.3.i.
				Landfill operations or management.
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 33-13 - Reclamation of Abandoned and Dilapidated Properties Grant Program › Section 33-13-7 - Department Review of Applications

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The
				department may reject all applications that do not meet eligibility and
				submission requirements established by the department and this rule.
7.2. The department may partially award or
				reject applications based on available funding.
7.3. The department shall review all
				applications and submit those applications recommended for funding to the
				Secretary for approval and the Governor for final approval.
7.4. Applicants shall be notified in writing
				of approval or denial of a grant within a reasonable time after award
				recommendations have received final approval by the Governor.
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 33-13 - Reclamation of Abandoned and Dilapidated Properties Grant Program › Section 33-13-8 - Requirements of a Grant Recipient

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1.
				Grant funding will be disbursed at the time of receipt of invoices and all
				other required information by the department for approved expenditures on at
				least a 30-day rolling basis.
8.2.
				The grantee shall retain and make available upon request by the department, for
				a period of five years, all financial records, supporting documents,
				statistical records, and all other records and data as they relate to the
				application, acceptance and use of the grant.
8.3. If, through any cause, the grantee fails
				to fulfill in a timely and proper manner the obligations imposed in the grant
				agreement or violates any provisions of this rule, the department shall
				terminate the grant and the grantee shall immediately return any unspent funds
				of the grant to the department. The department may file a civil action in the
				Circuit Court of Kanawha County to recoup grant funds that are improperly
				spent.
8.4. The grantee shall
				comply with all federal, state, and local laws, codes, ordinances, rules and
				regulations.
8.5. All bids must be
				solicited and submitted in accordance with West Virginia procurement and
				contract bidding statutes and legislative rules.
8.6. The grantee shall submit a final report
				to the department within 30 days following the last day of the grant period.
				The report shall contain:
8.6.a. A complete
				accounting of the grant expended during the period;
8.6.b. Documentation supporting all grant
				expenditures, including without limitation, invoices, checks, and bank
				statements relating to the account into which grant funds are placed;
8.6.c. Documentation supporting demolition of
				structures required by the department;
8.6.d. Documentation evidencing site of waste
				disposal;
8.6.e. An accounting of
				the total demolition costs and community support for the project;
8.6.f. A qualitative evaluation of success
				and/or failures encountered in implementing the original application's
				requests;
8.6.g. The department
				shall return an incomplete report to the grantee for completion. A grantee
				shall resubmit a completed report within 30 days of notification that the
				report is incomplete. Failure to comply with reporting requirements may result
				in the grantee's ineligibility for future grants related to the RADP Grant
				Program.
West Virginia Code of State Rules › Agency 33 - Waste Management, Division Of Water And Waste Management › Title 33 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION WASTE MANAGEMENT › Series 33-13 - Reclamation of Abandoned and Dilapidated Properties Grant Program › Section 33-13-9 - Department Site Visits

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. The
				department may periodically conduct site visits with grantees. These visits
				shall be conducted to provide assistance, to review progress, to discuss
				problems encountered in project implementation, or to review all compliances
				with federal, state, and local laws, codes, ordinances, rules and
				regulations.
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 33-13 - Reclamation of Abandoned and Dilapidated Properties Grant Program › Section 33-13-10 - Unexpended Funds

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. All
				committed grant funding that is unexpended at the end of the grant period shall
				remain with the RADP Program.
West Virginia Code of State Rules › Agency 33 - Waste Management, Division Of Water And Waste Management › Title 33 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION WASTE MANAGEMENT › Series 33-20 - Hazardous Waste Management System › Section 33-20-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule establishes and adopts a program of regulation for 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. -- W. Va. Code §
									22-18-6.
1.3. Filing Date. -- April 03,
				2024.
1.4. Effective Date. -- April
				03, 2024.
1.5. Sunset Provision. --
				This rule does not sunset.
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 October 31, 2021,
				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.
1.6.1. 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:
1.6.1.a. "West Virginia Department of
				Environmental Protection" will be substituted for "Environmental Protection
				Agency".
1.6.1.b. "Secretary of the
				West Virginia Department of Environmental Protection" will 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" will have the meaning
				defined in 40 C.F.R. §
												260.10.
1.6.1.c. Whenever the regulations require
				publication in the "Federal Register" compliance will 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.
1.6.1.d. Whenever in the federal regulation
				reference is made to the Resource Conservation and Recovery Act (42 U.S.C. §
												6930), the reference is to section 4 of this
				rule. The notification requirements of the Resource Conservation and Recovery
				(42 U.S.C. §
												3010) remain in effect and will be satisfied
				by compliance with section 4 of this rule.
West Virginia Code of State Rules › Agency 33 - Waste Management, Division Of Water And Waste Management › Title 33 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION WASTE MANAGEMENT › Series 33-20 - Hazardous Waste Management System › Section 33-20-2 - Hazardous Waste Management System: General

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. 40 C.F.R. Part 260. - The provisions of
				40 C.F.R. §
										260 are hereby adopted and incorporated by
				reference with the modifications, exceptions, and additions set forth in this
				section.
2.1.1. The definitions of terms used
				in this rule will have the meaning ascribed to them in
				40 C.F.R. §§
											260,
				261,
				262,
				263,
				264,
				265,
				266,
				267,
				268,
				270,
				273, and
				279 with the exceptions,
				modifications, and additions set forth in this section.
2.1.1.a. "Full regulation" means those rules
				applicable to generators of greater than 1,000 kilograms of non-acutely
				hazardous waste in a calendar month and/or those generators that treat, store
				or dispose of hazardous waste at the facility.
2.1.1.b. "Stage" or "staging" means the
				temporary placement of off-site generated recyclable materials within a
				recycling facility for a period of time no longer than three days. Placement of
				recyclable materials for longer than three days is considered
				"storage".
2.1.1.c. In all matters
				related to implementation of the West Virginia Hazardous Waste Management Act
				and the rules promulgated thereunder, the term "conditionally exempt small
				quantity generator" shall have the same meaning as the term "very small
				quantity generator" as defined in
				40 CFR §
												260.10.
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 33-20 - Hazardous Waste Management System › Section 33-20-3 - Identification and Listing of Hazardous Waste

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. 40 C.F.R. Part 261. - The provisions of
				40 C.F.R. Part 261 are hereby adopted and incorporated by reference with the
				modifications, exceptions, and additions set forth in this section.
3.1.1. In order for a mixture of a waste and
				one or more hazardous wastes identified in
				40 C.F.R. §
											261.3(a)(2)(iv) to be exempt
				from the definition of hazardous waste, the owner or operator shall comply with
				the following:
3.1.1.a. Provide a
				certification in writing to the Secretary that groundwater monitoring that
				either complies with 40 C.F.R. Part 265, Subpart F or that is agency approved
				is or will be in place at the wastewater treatment facility identified in
				40 C.F.R. §
												261.3(a)(2)(iv). The
				certification shall include a time schedule for the installation of groundwater
				monitoring. This requirement does not apply to wastewater treatment units or
				containers.
3.1.1.b. Before
				claiming an exemption, the owner or operator of each wastewater treatment
				facility receiving mixtures of wastes under
				40 C.F.R. §
												261.3(a)(2)(iv) shall notify
				the Secretary of the receipt of the wastes on a form prescribed by the
				Secretary.
3.1.1.c. Annually submit
				to the Secretary a list of hazardous wastes that are expected to be present in
				the mixture to be exempted.
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 33-20 - Hazardous Waste Management System › Section 33-20-4 - Notification of Hazardous Waste Activity Regulations

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Applicability. - Pursuant to
				40 C.F.R. §
										262.18 any person engaging in any activity
				involving hazardous waste in the State of West Virginia shall notify the
				Secretary of those activities when they begin, unless those activities are
				exempted from the requirements of this rule.
4.2. Notification. Any person who notified
				EPA of its hazardous waste activities in the State of West Virginia shall
				provide a copy of that notification to the Secretary.
4.2.1. Any person exempted from the federal
				notification requirements as specified in
				40 C.F.R. §§
											261.6(a)(2) and (3) and
				262.14, remains subject to West
				Virginia notification requirements, and shall notify the Secretary in writing
				of hazardous waste activities on the date of initiation of those activities.
				Notification may be accomplished by using EPA Form 8700-12 or by providing the
				same information required by EPA Form 8700-12 in any other manner selected by
				the notifier.
4.2.2. One
				notification form is required for each generator.
4.2.3. A notification form is required for
				each storage, treatment, disposal or other facility. However, if one facility
				site includes more than one storage, treatment or disposal activity, only one
				notification form for the entire facility site is required.
4.2.4. Generators that store, treat or
				dispose of hazardous waste on-site shall file a notification form for
				generation activities, as well as storage, treatment, and disposal activities,
				unless those activities are exempted from the requirements of this
				rule.
West Virginia Code of State Rules › Agency 33 - Waste Management, Division Of Water And Waste Management › Title 33 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION WASTE MANAGEMENT › Series 33-20 - Hazardous Waste Management System › Section 33-20-5 - Standards Applicable to Generators of Hazardous Waste

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. 40 C.F.R. Part 262. - The provisions of
				40 C.F.R. Part 262 are hereby adopted and incorporated by reference with the
				modifications, exceptions, and additions contained in this section.
5.2.
									40 C.F.R. §§
										262.10(g)(1) and
				262.10
				(g)(2). - The provisions of
				40 C.F.R. §§
										262.10(g)(1) and
				262.10
				(g)(2) will be excepted from incorporation.
5.2.1. A person who generates a hazardous
				waste as defined by 40 C.F.R. Part 261 is subject to the compliance
				requirements and penalties prescribed in W. Va. Code §
										22-18-1,
et seq
.
				if he or she does not comply with the requirements of this rule. This rule in
				no way abrogates the enforcement authority of the Resource Conservation and
				Recovery Act.
5.2.2. All references
				to 40 C.F.R. §
											262.10(g) will be deemed
				references to subsection 5.2 of this rule and its subdivisions, as
				appropriate.
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 33-20 - Hazardous Waste Management System › Section 33-20-6 - Standards Applicable to Transporters of Hazardous Waste

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. 40 C.F.R. Part 263. - The provisions of
				40 C.F.R. Part 263 are hereby adopted and incorporated by reference, insofar as
				those regulations relate to the transportation of hazardous waste by air and
				water.
6.2. Transportation of
				hazardous waste by railroad, roads, and highways is regulated by the West
				Virginia Public Service Commission rules, "Rules and Regulations Governing the
				Transportation of Hazardous Waste by Rail," 150CSR11. The use of the state
				highways for the transportation of hazardous waste is also regulated by the
				West Virginia Division of Highways at 157CSR7, "Transportation of Hazardous
				Wastes upon the Roads and Highways."
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 33-20 - Hazardous Waste Management System › Section 33-20-7 - 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.
				45CSR25, Division of Air Quality. - The standards in this section apply to
				owners and operators of all facilities that treat, store or dispose of
				hazardous waste, except as otherwise provided by law. In addition to the
				standards in section 7 of this rule, 45CSR25, "Control of Air Pollution from
				Hazardous Waste Treatment, Storage and Disposal Facilities" applies to
				hazardous waste management facilities that may emit hazardous waste or the
				constituents thereof into the atmosphere, including incineration facilities,
				except as otherwise provided by law. For purposes of this section, the
				following persons are considered to be incinerating hazardous waste:
7.1.1. Owners or operators of hazardous waste
				incinerators; and
7.1.2. Owners or
				operators of boilers or industrial furnaces used to destroy wastes.
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 33-20 - Hazardous Waste Management System › Section 33-20-8 - 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 C.F.R. Part 265. - The provisions of
				40 C.F.R. Part 265 are adopted and incorporated by reference with the
				modifications, exceptions, and additions set forth in this section.
8.2. Required Receipt of Identical
				Notification. - The provisions of
				40 C.F.R. §§
										265.12(a)(1) and (2) are
				retained by the Environmental Protection Agency; however, the Secretary shall
				receive identical notification.
8.3. Financial Requirement. - The provisions
				of 40 C.F.R. Part 265, Subpart H - Financial Requirements are adopted and
				incorporated by reference with the following modifications:
8.3.1. The provisions of
				40 C.F.R. §§
											265.149 and
				265.150 are excepted from
				incorporation by reference.
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 33-20 - Hazardous Waste Management System › Section 33-20-9 - 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 C.F.R. Part 266. - The provisions of
				40 C.F.R. Part 266 are hereby adopted and incorporated by reference. Consult
				the rules of the Division of Air Quality regarding Subpart H of this
				part.
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 33-20 - Hazardous Waste Management System › Section 33-20-10 - Land Disposal Restrictions

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1.
				40 C.F.R. Part 268. - The provisions of 40 C.F.R. Part 268 are hereby adopted
				and incorporated by reference with the modifications, exceptions, and additions
				set forth in this section.
10.2.
									40 C.F.R. §§
										268.5,
				268.6,
				268.13,
				268.42(b), and
				268.44. - The provisions of
				40 C.F.R. §§
										268.5,
				268.6,
				268.13,
				268.42(b), and
				268.44 are excepted from
				incorporation by reference.
10.3.
				Definition of Administrator in
				40 C.F.R. §
										268.40(b). The term
				"Administrator" in 40 C.F.R.
				§
										268.40(b) will retain
				its meaning as defined in 40
				C.F.R. §
										260.10.
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 33-20 - Hazardous Waste Management System › Section 33-20-11 - The Hazardous Waste Permit Program and Standardized Permit

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. 40 C.F.R. Part 270. - The provisions of
				40 C.F.R. Part 270, 40 C.F.R. Part 267, and 40 C.F.R. Part 124, Subpart G are
				hereby adopted and incorporated by reference with the modifications,
				exceptions, and additions set forth in this section.
11.2.
									40 C.F.R. §
										270.2 Definitions.
11.2.1. Definition of "RCRA permit". - For
				purposes of this section, the term "RCRA permit" means "West Virginia Hazardous
				Waste Management Permit". The following additional requirements will apply to
				obtain a Hazardous Waste Management Permit in West Virginia. All references in
				40 C.F.R. Part 270 and 40 C.F.R. Part 267 to 40 C.F.R. Part 124 will be deemed
				to be references to the applicable provisions of subsections 11.4 through 11.17
				of this rule. To the extent of any inconsistency with 40 C.F.R. Part 270 and 40
				C.F.R. Part 267, the specific provisions contained herein will
				control.
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 33-20 - Hazardous Waste Management System › Section 33-20-12 - Deed and Lease Disclosure; Notice in Deed to Property

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. Recording Requirement. - The owner of
				the property on which a hazardous waste management facility is located shall
				record, in accordance with State law, a notation on the deed or lease to the
				facility property, or on some other instrument that is normally examined during
				title search, that will in perpetuity notify any potential purchaser of the
				property that:
12.1.1. The land has been used
				to manage hazardous wastes; and
12.1.2. Its use is restricted under
				40 C.F.R. §
											264.117(c).