Current through Register Vol. XLI, No. 50, December 13, 2024
Section 33-12-4 - Covered Electronic DeviceStorage, Handling, Recycling, and Disposal Requirements4.1. General Operational Requirements. Unless otherwise approved by the Secretary in writing, all commercial solid waste landfills and CED collectors shall conform to the following operational requirements: 4.1.a. The facility shall be secure from theft, vandalism, fire, and unauthorized access.4.1.b. The facility shall be designed to receive, process, and store CEDs and any components thereof in a manner that prevents surface water, stormwater or groundwater contamination.4.1.b.1 Within one year after the effective date of this rule, receiving, storage, operations, and shipping areas must be under a roof or in an enclosed area sufficient to prevent stormwater contamination.4.1.b.2 Receiving, storage, operations, and shipment areas must have an impermeable surface sufficient to prevent surface water and groundwater contamination.4.1.c. The facility must manage all cathode ray tubes (CRTs) in a manner that prevents breakage and ship them intact to a designated recycling facility. All CRTs, regardless of condition (broken, intact or otherwise separated from the CED), must be accepted by the facility and properly managed for recycling. Any broken CRTs shall be handled as described in subdivision 4.1.e below.4.1.d. If circuit boards are removed from CEDs they must be removed, stored, and shipped to the recycler as an intact or whole circuit board. Components removed from a whole or intact circuit board are considered newly generated waste and may be subject to handling, storage, and shipment in accordance with the West Virginia Hazardous Waste Management Act, W. Va. Code § 22-18-1, et seq., and any rules promulgated thereunder.4.1.e. The facility shall immediately clean up any broken CRTs from a CED and place all such waste in a container that is closed, structurally sound, compatible with the CRTs, and capable of preventing leakage, spillage or releases of broken CRTs, glass particles or other hazardous constituents from the broken CRTs to the environment. As soon as possible, the facility shall package and ship broken CRTs to a designated recycling facility.4.1.f. The facility shall not shred, crush, heat or otherwise treat CEDs or any component thereof and shall not break the CRT in any CED. A facility may disassemble CEDs for the sole purpose of marketing, reselling, reusing or recycling components thereof.4.1.g. The facility shall clearly label or mark each CED or container, package or pallet containing CEDs with one of the following phrases: "Universal Waste - Covered Electronic Devices" or "Waste Covered Electronic Devices" or "Used Covered Electronic Devices."4.1.h. The facility shall determine whether all CEDs and any component thereof destined for disposal meet the definition of "hazardous waste" as defined in W. Va. Code § 22-18-3(6). Any CED or component thereof that meets the definition of hazardous waste shall be stored, managed, handled, and disposed of in accordance with the West Virginia Hazardous Waste Management Act, W. Va. Code § 22-18-1, et seq., and the rules promulgated thereunder.4.2. Annual Reporting Requirements. - Commercial solid waste landfills and CED collectors shall submit annual reports to the Secretary by December 31 of each year on forms provided by or acceptable to the Secretary. The report shall include, at a minimum: 4.2.a. The date, quantity, and origin of CEDs received at the facility;4.2.b. The quantity or tonnage or CEDs processed at the facility;4.2.c. The quantity or tonnage of CEDs stored at the facility;4.2.d. Entities contracting for CED recycling services and dates on which those services were provided;4.2.e. The name, address, telephone number, and certificated motor carrier identification number of all transporters that transport CEDs to and from the facility, including the quantity or tonnage of CEDs so transported; and4.2.f. A description of any theft, vandalism, fire, unauthorized access or environmental problems or changes in the facility's operational procedures for handling CEDs. With regard to each of these problems, describe the steps taken to prevent a recurrence.