Current through Register Vol. XLI, No. 50, December 13, 2024
Section 33-9-6 - Storage and Other General Requirements6.1. Storage requirements. 6.1.a. Areas used for storing, mixing, processing, and curing of filtrate, including filtrate loading and unloading areas, impoundments, pipelines, ditches, pumps, drums, sumps and tanks, must be designed, constructed and operated to prevent release of contaminants to the groundwater and surface water. Outdoor storage of finished products which have been processed or cured shall be limited to one year; Provided, that a permanently constructed area for the storage, mixing, processing, or curing of filtrate where filtrate is removed from and added to the area on an ongoing basis shall not be prohibited by this provision so long as the permanent storage area is constructed and operated to prevent the release of contaminants to groundwater or surface water.6.1.b. All storage areas must be designed and operated to control vectors and odors.6.1.c. Storage areas must not be operated or constructed within the one hundred year flood plain unless provisions have been made to prevent the encroachment of flood waters upon the storage area.6.1.d. All land application site storage areas must protect groundwater in accordance with the Groundwater Protection Act, W. Va. Code § 22-12-1 et seq., and the rules promulgated thereunder, including 46CSR12, 47CSR58, 47CSR59, and 47CSR 60.6.1.e. Filtrate shall not be stored at a land application site prior to land application for a period of more than one week: Provided, That the Secretary shall authorize storage for up to three months where acceptable provisions have been made to prevent leachate runoff into surface or groundwater.6.2. General requirements. 6.2.a. The Secretary shall assign an individual and lifetime loading rate for each land application site for which a permit is required by considering background soil concentrations and maximum allowable pollutant concentrations as per Table 1 and per Table 2 of this rule. New soil analyses for those metals listed in Table 2 shall be required at each land application site whenever fifty percent of the assigned lifetime loading rate for the site has been achieved.6.2.b. No person shall land apply filtrate, which exceeds the agronomic rate for that land application site or a rate of fifteen dry tons per acre per year, whichever is less.6.2.c. Twenty-five dry tons per acre per year, agronomic rate, of filtrate may be applied in the reclamation of surface mine land or as cover at a landfill, unless the Secretary determines that based on specific site factors either more or less filtrate can be applied each year.6.2.d. If filtrate is mixed with sewage sludge, then the rule governing the beneficial use of materials similar to sewage sludge (33 C.S.R. 8) shall govern the resulting mixture. The provisions of 33 CSR 8, Section 3.1.d.a.D. will not be a prohibition to the applicability of the use of the resultant mixture.6.2.e. If the beneficial use of filtrate is as fill material then the Secretary will exercise best professional judgment in establishing the maximum amount of filtrate that can be used under various site conditions.6.2.f. If the proposed beneficial use includes application on a reclaimed surface mine or on an active mine then the Secretary may approve the use upon determining that the filtrate or other approved material will not adversely affect the pH in surface or ground waters.6.2.g. If the filtrate or other approved material is going to be used as a liming agent to raise pH, the original pH of the soil shall be used to determine the amount of filtrate to apply.6.2.h. No person shall apply filtrate to land in a manner that will result in exceeding the groundwater standards established in 46CSR12. Results from a toxicity characteristic leaching procedure analysis of a material shall be considered when making an evaluation of the potential to impact groundwater quality.6.2.i. Odor Control. When an odor is determined to be objectionable and repetitious by the Secretary, the Secretary shall require the activity to cease and/or require the facility to conduct related studies within a specified time period. These studies may include, but are not limited to, sampling and analysis to identify the specific chemical compound(s) causing the objectionable odor, analysis of samples by odor panels, air dispersion modeling studies, and evaluation of applicable odor control devices and odor control programs.6.3. Sample Analysis. 6.3.a. U.S. Environmental Protection Agency analytical procedure SW-846, Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, shall be used to analyze all samples required by this rule: Provided, That the Secretary may allow other approved standard methods of analyses appropriate to certain materials.6.3.b. All samples required by this rule shall be analyzed by a laboratory certified in accordance with W. Va. Code § 22-1-15 and the rules promulgated thereunder.