W. Va. Code R. § 33-20-3

Current through Register Vol. XLI, No. 50, December 13, 2024
Section 33-20-3 - Identification and Listing of Hazardous Waste
3.1. 40 C.F.R. Part 261. - The provisions of 40 C.F.R. Part 261 are hereby adopted and incorporated by reference with the modifications, exceptions, and additions set forth in this section.
3.1.1. In order for a mixture of a waste and one or more hazardous wastes identified in 40 C.F.R. § 261.3(a)(2)(iv) to be exempt from the definition of hazardous waste, the owner or operator shall comply with the following:
3.1.1.a. Provide a certification in writing to the Secretary that groundwater monitoring that either complies with 40 C.F.R. Part 265, Subpart F or that is agency approved is or will be in place at the wastewater treatment facility identified in 40 C.F.R. § 261.3(a)(2)(iv). The certification shall include a time schedule for the installation of groundwater monitoring. This requirement does not apply to wastewater treatment units or containers.
3.1.1.b. Before claiming an exemption, the owner or operator of each wastewater treatment facility receiving mixtures of wastes under 40 C.F.R. § 261.3(a)(2)(iv) shall notify the Secretary of the receipt of the wastes on a form prescribed by the Secretary.
3.1.1.c. Annually submit to the Secretary a list of hazardous wastes that are expected to be present in the mixture to be exempted.

W. Va. Code R. § 33-20-3