Statutes, codes, and regulations
West Virginia Administrative Code
Agency 33 - Waste Management, Division Of Water And Waste ManagementTitle 33 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION WASTE MANAGEMENT
Series 33-20 - Hazardous Waste Management System
Section 33-20-15 - Standards for Hazardous Waste Recycling

W. Va. Code R. § 33-20-15

Download
PDF
Current through Register Vol. XLI, No. 50, December 13, 2024
Section 33-20-15 - Standards for Hazardous Waste Recycling
15.1. The provisions of 40 C.F.R. § 261.6 are hereby adopted and incorporated by reference, with the modifications contained in this section.
15.2. Standards Applicable to All Hazardous Waste Recycling Activities.
15.2.1. Any residual material resulting from a recycling process shall be evaluated in accordance with section 3 of this rule to determine whether it is subject to regulation as a hazardous waste.
15.2.2. Any facility that treats hazardous waste without recycling it, or that treats hazardous waste prior to recycling it, is subject to regulation under section 11 above. Generators that treat hazardous waste in containers or tanks in compliance with 40 C.F.R. §§ 262.16 and 262.17 are exempt from regulation under section 11 of this rule for that treatment activity.
15.2.3. Owners or operators of facilities with hazardous waste management units that recycle hazardous wastes are subject to section 7 of this rule.
15.3. Hazardous Waste Recycling at Off-Site Facilities.
15.3.1. Owners or operators of facilities that receive recyclable materials, stage recyclable materials, and recycle them without storing them before they are recycled are subject to:
15.3.1.a. The requirements of subsection 15.2 of this rule;
15.3.1.b. The generator requirements of section 5 of this rule; and
15.3.1.c. Financial Requirements. - Prior to staging any material, owners or operators shall demonstrate financial assurance for closure of the facility by:
15.3.1.c.1. Maintaining a closure cost estimate that meets the requirements of 40 C.F.R. § 265.142 and that has been approved by the Secretary; and
15.3.1.c.2. Establishing financial assurance in accordance with 40 C.F.R. § 265.143.
15.3.2. Owners or operators of facilities that store recyclable materials before they are recycled are subject to subsection 11 of this rule and to all applicable provisions of subsections 1, 3, and 5.

W. Va. Code R. § 33-20-15