W. Va. Code R. § 150-11-5

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 150-11-5 - Discharges

5.1. In the event of a discharge of hazardous waste during transportation, the rail transporter must take appropriate immediate action to protect human health and the environment. (e.g. notify local authorities, in the discharge area). Any discharges shall be primarily the responsibility of the rail carriers.

5.2. If a discharge of hazardous waste occurs during rail transportation, and an official (State or Federal Agency) acting within the scope of his official responsibilities determines that the immediate removal of the waste is necessary to protect human health or the environment, that official may authorize removal of the waste by transporters who do not have EPA identification numbers and without the preparation of a manifest.

5.3.

5.3.a. At the earliest practical moment, a rail transporter must give notice of a discharge to:

1. The Railroad Safety Division of the Public Service Commission of West Virginia, 201 Brooks Street, Post Office Box 812, Charleston, West Virginia, 25323; Telephone (304)340-0474.

2. The West Virginia Department of Environmental Protection, Environmental Enforcement at 1-800-642-3074.

3. The National Response Center, 1-800-424-8802 or 1-202-426-2675, but only if:

A. A person is killed; or

B. A person receives injuries requiring hospitalization; or

C. Total property damage from the discharge exceeds fifty thousand dollars ($50,000); or

D. The discharge involves radioactive waste and/or materials; or

E. The discharge involves shipment of etiologic agents; or

F. An evacuation of the general public occurs lasting one or more hours; or

G. One or more major transportation arteries or facilities are closed or shut down for one hour or more; or

H. The operational flight pattern or routine of an aircraft is altered; or

I. Fire breakage, spillage or suspected radioactive contamination occurs involving shipment of radioactive material; or

J. Fire breakage, spillage or suspected contamination occurs involving shipment of etiologic agents; or

K. There has been a release of a marine pollutant in a quantity exceeding 450 L (119 gallons) for liquids or 400 Kg (882 pounds) for solids; or

L. The situation, in the judgment of the carrier, should be reported. (e.g., a continuing danger to life exists at the scene of the incident).

5.3.b. The notice shall contain the following information:

1. Name of reporter;

2. Name and address of transporter;

3. Phone number where reporter can be reached;

4. Date, time and location of discharge;

5. Extent of injuries, if any;

6. Type and quantity of hazardous waste involved, if available; and

7. Description of incident and whether a continuing danger to life exists at the scene.

5.4. Within thirty (30) calendar days of the date of discovery of the discharge of any quantity of hazardous waste, the rail transporter shall file a written report, as specified in 49 CFR 171.16 the United States Department of Transportation.

5.5. A rail transporter shall clean up any hazardous waste discharge that occurs during transportation or take such action as may be required or approved by Federal, State or local officials so that the hazardous waste discharge no longer presents a hazard to human health or the environment.

W. Va. Code R. § 150-11-5