West Virginia Code of State Rules › Agency 57 - Commercial Hazardous Waste Management Facility Siting Board › Title 57 - LEGISLATIVE RULE COMMERCIAL HAZARDOUS WASTE MANAGEMENT FACILITY SITING BOARD › Series 57-01 - Commercial Hazardous Waste Management Facility Siting Board Certification Requirements › Section 57-1-4 - Applying for Site Approval

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Prior to
				submitting a siting application to the Board, the applicant for a commercial
				hazardous waste management facility shall file pre-siting notices, publish
				legal notices as prescribed in the West Virginia Code, 20-10A-3 and hold a
				public information hearing in the proposed host community. Then the referendum
				process will proceed. See the Siting Flow Chart (Appendix I) and Pre-Siting
				Notice (Appendix II) of this rule.
4.2. After the pre-siting procedure has been
				executed, and if the referendum indicates that a majority of the legal votes
				cast upon the question are in favor of the facility, any person wanting to
				construct or operate a commercial hazardous waste management facility must
				obtain an application outline from the Board. The Board will consider
				applications that do not explicitly follow the outline incomplete. See the
				Completeness Outline (Appendix III) of this rule.
4.3. Any person wanting to construct or
				operate a commercial hazardous waste management facility must submit to the
				Board, the information required under the "Hazardous Waste Management
				Regulations" (Sections 11.5.1.l through 11.5.1.m.) of 47 C.S.R. 35.
4.4. That person must indicate whether the
				application is new or revised.
4.5.
				That person must submit a descriptive history of any previous hazardous waste
				management activities in which the owner and/or operator was or is
				involved.
4.6. In addition to the
				information required under Section 4.3 and 4.5 of this rule, 47 C.S.R. 35, the
				applicant must also submit the following information:
4.6.1. A drawing of the commercial facility
				at a scale of one inch equal to not more than one hundred feet (1" = 100')
				showing the location, where applicable, of all past, present, and future
				hazardous waste treatment, storage, disposal, and recycling areas. Owners or
				operators of existing facilities must provide photographs of the
				facilities;
4.6.2. A 7.5 minute
				series USGS topographic map showing a distance of one thousand (1,000) feet
				around the commercial facility at a scale of 2.5 centimeters (1 inch) equal to
				not more than 61.0 meters (200 feet). Contours must be shown on the map. The
				contour interval must be sufficient to clearly show the pattern of surface
				water flow in the vicinity of and from each operational unit of the facility
				(ie. five foot contour intervals if relief is greater than twenty feet; or two
				foot contour intervals if relief is less than twenty feet). Owners and
				operators of commercial hazardous waste facilities located in mountainous areas
				should use larger contour intervals to adequately show topographic profiles of
				facilities. The map shall clearly show the following:
4.6.2.a. The map's scale and date;
4.6.2.b. The 100-year floodplain
				area;
4.6.2.c. Surface waters,
				including intermittent streams;
4.6.2.d. Surrounding land uses (e.g.,
				residential, commercial, agricultural, recreational, schools, hospitals,
				institutions and other businesses);
4.6.2.e. A wind rose (i.e., prevailing wind
				speed and direction);
4.6.2.f. The
				orientation of the map (north arrow);
4.6.2.g. The legal boundaries of the
				commercial hazardous waste management facility site;
4.6.2.h. Access control (e.g., fences,
				gates);
4.6.2.i. Injection and
				withdrawal wells both on-site and off-site;
4.6.2.j. Buildings and treatment, storage, or
				disposal operations or other structures (e.g., recreation areas; runoff control
				systems; access and internal roads; storm, sanitary, and process sewage
				systems; loading and unloading areas; and fire control facilities);
4.6.2.k. Barriers for drainage or flood
				control; and
4.6.2.l. The location
				of operational units within the commercial hazardous waste management facility
				site, where hazardous waste is or will be treated, stored, or disposed
				(including equipment clean-up areas); and
4.6.3. A listing of all permits or
				construction approvals received or pending as required under Section 11.4.1.j
				of 47 C.S.R. 35;
4.6.4. The
				Standard Industrial Classification Codes (SIC) that reflect the types of
				hazardous waste generators to be served by the commercial facility;
4.6.5. A detailed written analysis along with
				supporting documentation that addresses the nature of the probable
				environmental and economic impacts of the commercial facility including, but
				not limited to the following:
4.6.5.a. The
				predictable adverse impacts on:
4.6.5.a.1.
				Wetlands;
4.6.5.a.2.
				Farmlands;
4.6.5.a.3. Surface
				water;
4.6.5.a.4.
				Groundwater;
4.6.5.a.5.
				Wildlife;
4.6.5.a.6. Endangered
				species;
4.6.5.a.7. Public health
				and safety;
4.6.5.a.8.
				Transportation networks;
4.6.5.a.9.
				Historic, cultural, and recreational areas;
4.6.5.a.10. Air quality; and
4.6.5.a.11. Counties or communities adjacent
				to the proposed host community; and
4.6.5.b. An evaluation of and a plan for
				measures that will mitigate those impacts. If there is a potential for adverse
				impacts beyond the host community, the Board shall notify the respective County
				Commission and publish a Class I-O legal advertisement identifying those
				impacts in a newspaper published in those counties.
4.6.6. The information required under Section
				11.2.9 (exposure information) of 47 C.S.R. 35, except that this information is
				required of all commercial hazardous waste management facilities regardless of
				the type of management practice employed. The information shall include a
				quantitative assessment of the magnitude and nature of human exposure within a
				four (4) mile radius of the proposed facility. This assessment shall consider
				and discuss:
4.6.6.a. Chronic and acute
				exposure scenarios;
4.6.6.b.
				Carcinogenic, teratogenic, systemic or other health risks, as
				appropriate;
4.6.6.c. The above
				scenarios and risks in a quantitative manner, to the extent possible;
				and
4.6.6.d. Each pathway
				identified pursuant to Section 11.2.9.a.1 of 47 C.S.R. 35.
4.6.7. The nature of expected environmental
				benefits;
4.6.8. The nature of
				expected economic benefits likely to be derived from the commercial
				facility;
4.6.9. The activities to
				be conducted at the commercial facility;
4.6.10. A list of hazardous wastes (include
				EPA Hazardous Waste Codes) that will be received by the commercial facility;
				their respective annual volumes; and the type of treatment, storage, or
				disposal;
4.6.11. The latitude and
				longitude of the commercial facility; and
4.6.12. The names, addresses, and telephone
				numbers of the owner, operator, and principal shareholders of the
				facility.