Current through Register Vol. XLI, No. 50, December 13, 2024
1.1. Scope. -- This legislative rule establishes requirements for the siting (including location standards), financial assurance, installation, establishment, construction, design, groundwater monitoring, modification, operation, permitting, closure and post-closure care of any solid waste facility that processes, recycles, composts, transfers or disposes of solid waste pursuant to W. Va. Code § 22-15-1 et seq. This rule applies to any person who owns or operates a solid waste facility or who is responsible for the processing, composting, commercial recycling, transfer or disposal of solid waste, except for those recycling facilities exempted from permitting requirements as authorized by W. Va. Code § 20-11-12. 1.1.a. Applicability. 1.1.a.1. Permittees or applicants of solid waste landfills (SWLFs), or portions thereof, that stopped receiving waste before June 2, 1996 must close their SWLF in accordance with the terms and conditions of their solid waste permit, order, and/or the laws, rules and regulations in place on May 1, 1990 unless permit requirements are otherwise required by the Secretary.1.1.a.2. Permittees of existing SWLFs, or portions thereof, that initiate, or continue receiving waste after June 2, 1996 must comply with the terms and conditions of their existing or renewed solid waste permit, order, and additionally all effective laws, rules and regulations in place, unless said permit is modified by the Secretary to include the requirements of this rule, or unless permit requirements are otherwise modified by the Secretary.1.1.a.3. Applicants for new SWLFs and lateral expansions of existing SWLFs that are issued permits after the effective date of this rule must comply with the terms and conditions of that new solid waste permit and/or the laws and rules or order in place on the effective date of this rule, unless otherwise required by the Secretary.1.1.a.4. The applicability requirements of this paragraph apply only to existing solid waste landfill solid waste facilities. All other facilities must continue to comply with their existing permit and this rule, W. Va. Code §§ 22-15-1 et seq., 22-12-1 et seq. and 22-11-1 et seq. as applicable, until such time as the permit is subject to renewal, modification or other similar permitting function. Applicants of facilities that are not landfills must apply for permits as required by, and in compliance with, this rule.1.1.a.5. As applicable, all solid waste facilities must comply with the Groundwater Protection Act, W. Va. Code § 22-12-1 et seq., and the rules promulgated thereunder.1.2. Authority. -- W. Va. Code §§ 22-15-5, 22-15-8(e), 22-15-10, 22-15-12, 22-15-13, and 22-15-14.1.3. Filing Date. -- May 1, 2015.1.4. Effective Date. -- June 1, 2015.1.5. Former Rules. -- This legislative rule amends 33CSR1, the "Solid Waste Management Rule" that was filed May 1, 2012 and became effective on June 1, 2012.1.6. Lawful Disposal of Solid Waste Required. -- Solid waste must be disposed, processed, stored, transferred, or recycled only at permitted solid waste facilities as described in this rule, and in compliance with W. Va. Code § 22C-4-10. 1.6.a. The discharge, deposit, injection, dumping, spilling, leaking burning, burying, or otherwise placing of any solid waste or leachate into or on any land or water so that such solid waste or any constituent thereof may enter the environment or be emitted into the air, or discharged into any waters, including groundwaters, is prohibited unless specifically authorized by a permit or permits from the Department.1.6.b. Solid waste facilities or activities failing to satisfy this subsection are considered open dumps, as defined in section 2, and will be subject to the actions and penalties outlined in W. Va. Code § 22-15-15.1.6.c. Solid waste may not be disposed of in a dumpster in violation of W. Va. Code § 61-3-53.1.7. Incorporation by Reference. -- Whenever federal or state statutes, rules or regulations are incorporated into this rule by reference, the reference is to the statute, rule or regulation in effect on the date set forth in subsection 1.4 of this rule.