W. Va. Code R. § 33-8-5

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

Section 33-8-5 - Permit Application Requirements

5.1. Permit Application Forms. -- Persons required to obtain a permit pursuant to this rule must provide the following information, in the form and manner prescribed by the Secretary. The form may require information in addition to that required by this subsection.

5.2. Permit Application Requirements. -- All applicants must provide the following information:

5.2.a. The name, address, and location of the facility generating the sludge or other material;

5.2.b. A description of the activities conducted or to be conducted by the applicant;

5.2.c. The operator's and owner's name, address, telephone number, ownership status, and status as a federal, state, private, public or other entity;

5.2.d. Other environmental permits issued by any local, state or federal agency previously held or currently in effect;

5.2.e. A description of the specific source(s) of sludge or other material;

5.2.f. A description of the process used to generate the sludge or other material including, but not limited to, raw materials used, contributing waste streams, and other by-products produced;

5.2.g. The amount of sludge or other material generated, processed, or proposed for beneficial use;

5.2.h. A description of the beneficial characteristics of the sludge or other material;

5.2.i. A description of the current method of disposal or use for the sludge or other material;

5.2.j. A physical description of the sludge or other material, including moisture content expressed as the percent solids, odor, particle size, and appearance;

5.2.k. The content of heavy metals, pathogens, and other pollutants present in the sludge or other material;

5.2.l. A hazardous waste determination, including a toxicity characteristic leaching procedure analysis: Provided, That a toxicity characteristic leaching procedure analysis need not be performed if a total analysis of the material demonstrates that individual analytes are not present in the waste or that they are present at such low concentrations that the appropriate regulatory levels could not be exceeded;

5.2.m. A description of the method used to collect or control leachate and surface water runoff from any storage areas;

5.2.n. A description of existing and potential land-use of the area within one mile of the facility; and

5.2.o. A certified copy of any municipal or county zoning restrictions, if applicable.

5.3. Land Application Permit Application Requirement. Persons proposing to perform land application of sludge or other materials must submit the following information to the Secretary in addition to that required under subsection 5.2 of this rule:

5.3.a. Soil analysis for all land application sites including but not limited to pH, potassium, phosphorus, nitrogen, all metals listed in Table 1 of this rule and any additional chemical analysis requested by the Secretary;

5.3.b. Information relative to the nutrient content of the sludge or other material to be land applied;

5.3.c. A description of all soil types present on the site, including a soil profile description and a soil map with application sites clearly defined;

5.3.d. An agreement between the preparer of sludge or other material, the applier, and the owner of the land application site indicating each party's concurrence with the application, and certifying that each will comply with applicable requirements of this rule;

5.3.e. A description of existing and future uses of the land application site;

5.3.f. Information relative to past application of sludge, sewage sludge, material derived from sewage sludge, fertilizers, pesticides, and herbicides to each land application site;

5.3.g. In addition to the chemical analyses required in subdivision 4.2.a of this rule, any additional chemical analyses of the sludge or other material requested by the Secretary;

5.3.h. A description of the methods to be used for land application;

5.3.i. A description of the methods for transportation of sludge or other material to the site;

5.3.j. A copy of the NPDES or other permit for the facility from which the sludge or other material originated;

5.3.k. A description of the methods by which pathogen control and vector attraction reduction are being achieved, if applicable;

5.3.l. A description of the methods to be utilized to inhibit the mobility of metals added to the soil by the land application of sludge or other material, should such land application cause an increase in the concentration of metals in the soil at a land application site;

5.3.m. Information on the type of crop(s) to be grown on the site and the proposed use of the harvested crop(s);

5.3.n. A determination on whether the site is located within a delineated wellhead protection area or source water protection area; and

5.3.o. Any additional information required by the Secretary.

W. Va. Code R. § 33-8-5