Current through Register Vol. XLI, No. 50, December 13, 2024
1.1. Purpose and Applicability. 1.1.a. Purpose. This rule is intended to meet the requirements of W. Va. Code ''20-11-8 and 22-15-21, as amended, to properly manage waste tires, including collection, accumulation, storage, disposal, processing, monofilling, reusing, transporting, recycling, permitting and recordkeeping.1.1.b. Applicability. This rule applies to and establishes requirements for any person or persons who manage waste tires by whatever means in the State of West Virginia, as of the effective date of this rule.1.1.c. Reference to Other State Agency Requirements. 1.1.c.1. Persons who manage waste tires may also be regulated under W. Va. Code, ''17-23 or 24, 20-11, 24-2, and rules promulgated thereunder.1.1.c.2. In the event of conflict between this rule and other state agencies= rules, the more stringent rule prevails.1.2. Authority. W. Va. Code ''22-1-3, 22-1-3a, 20-11-8(d), and 22-15-21(k), as amended.1.3. Filing Date. -- June 26, 2001.1.4. Effective Date. -- June 26, 2001.1.5. Legislative Mandate.It is unlawful to dispose of tires in a solid waste landfill in West Virginia , except for waste tires collected as part of the Division of Highways waste tire remediation projects or other collection efforts in accordance with W. Va. Code '17-24 or the Department of Environmental Protection=s Pollution Prevention and Open Dump Program or other state authorized remediation or cleanup programs: Provided, That waste tires may be disposed of in solid waste landfills only when the state agency authorizing the remediaton or cleanup program has determined there is no reasonable alternative available.1.6. Penalties. Any person who violates the provisions of the "Solid Waste Management Act," W. Va. Code '22- 15, or any permit, rule, or order issued pursuant to W. Va. Code '22-15, is subject to the same criminal and or civil penalties as set forth in W. Va. Code ''22-11-24 and 22-15-15.