W. Va. Code R. § 33-9-7

Current through Register Vol. XLI, No. 50, December 13, 2024
Section 33-9-7 - Permit Application Requirements
7.1. 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.
7.2. Permit Application Requirements. -- All applicants for a permit must provide the following information:
7.2.a. The name, address, and location of the facility generating the filtrate;
7.2.b. A description of the activities conducted or to be conducted by the applicant;
7.2.c. The operator's and owner's name, address, telephone number, ownership status, and status as a federal, state, private, public or other entity;
7.2.d. Other environmental permits issued by any local, state or federal agency previously held or currently in effect;
7.2.e. A description of the filtrate to be beneficially used, including:
7.2.e.1. The specific source(s) of filtrate;
7.2.e.2. A description of the process used to generate the filtrate;
7.2.e.3. A physical description of the filtrate, including moisture content expressed as the percent solids, odor, particle size, and appearance; and
7.2.e.4. The content of heavy metals in the filtrate as set forth in Table 1 of this rule.
7.2.f. The amount of filtrate generated, processed, or proposed for beneficial use;
7.2.g. A description of the beneficial characteristics of the filtrate;
7.2.h. A description of the current method of disposal or use for the filtrate;
7.2.i. The following information, where necessary and applicable:
7.2.i.1. 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;
7.2.i.2. A description of the method used to collect or control leachate and surface water runoff from any storage areas;
7.2.i.3. A description of existing land uses adjacent to the proposed land application site or beneficial use area; and
7.2.i.4. A certified copy of any municipal or county zoning restrictions.
7.3. Permit Application Requirements.
7.3.a. Persons required by the Secretary to apply for a permit for the beneficial use of filtrate as defined in Section 2.11 and/or Section 2.21 must submit the following information to the Secretary in addition to that required under subsection 7.2 of this rule, where applicable:
7.3.b. 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;
7.3.c. Information relative to the nutrient content of filtrate to be land applied;
7.3.d. A description of all soil types present on the site proposed for land application, including a soil profile description and a soil map with application sites clearly defined;
7.3.e. An agreement between the preparer of filtrate, the applier, and the owner of a land application site indicating each party's concurrence with the application, and certifying that each will comply with applicable requirements of this rule;
7.3.f. A description of existing and future uses of the land application site;
7.3.g. Information relative to past application of filtrate, sewage filtrate, material derived from sewage filtrate, fertilizers, pesticides, and herbicides to each land application site;
7.3.h. In addition to the chemical analyses required in subdivision 7.2 of this rule, any additional chemical analyses of the filtrate requested by the Secretary;
7.3.i. A description of the methods to be used for land application;
7.3.j. A description of the methods for transportation of filtrate to the land application or beneficial use site;
7.3.k. A copy of the NPDES or other permit for the facility from which the filtrate originated;
7.3.l. A description of the methods by which pathogen control and vector attraction reduction are being achieved, if applicable;
7.3.m. A description of the methods to be utilized to inhibit the mobility of metals added to the soil by the land application of filtrate, should such land application cause an increase in the concentration of metals in the soil at a land application site;
7.3.n. Information on the type of crop(s) to be grown on the site and the proposed use of the harvested crop(s);
7.3.o. A determination on whether the site is located within a delineated wellhead protection area or source water protection area; and
7.3.p. Any additional information required by the Secretary.

W. Va. Code R. § 33-9-7