Current through Register Vol. XLI, No. 50, December 13, 2024
Section 33-20-5 - Standards Applicable to Generators of Hazardous Waste5.1. 40 C.F.R. Part 262. - The provisions of 40 C.F.R. Part 262 are hereby adopted and incorporated by reference with the modifications, exceptions, and additions contained in this section.5.2.40 C.F.R. §§ 262.10(g)(1) and 262.10 (g)(2). - The provisions of 40 C.F.R. §§ 262.10(g)(1) and 262.10 (g)(2) will be excepted from incorporation. 5.2.1. A person who generates a hazardous waste as defined by 40 C.F.R. Part 261 is subject to the compliance requirements and penalties prescribed in W. Va. Code § 22-18-1, et seq. if he or she does not comply with the requirements of this rule. This rule in no way abrogates the enforcement authority of the Resource Conservation and Recovery Act.5.2.2. All references to 40 C.F.R. § 262.10(g) will be deemed references to subsection 5.2 of this rule and its subdivisions, as appropriate.5.3. The provisions of 40 C.F.R. 262.14 (a)(5)(iv) and (v) are excepted from incorporation by reference.5.4. 40 C.F.R. Part 262, Subpart H. - The provisions of 40 C.F.R. Part 262, Subpart H -- Transboundary Movements of Hazardous Waste for Recovery or Disposal are hereby adopted and incorporated by reference. The substitution of terms in subdivision 1.6.1 above does not apply to the provisions of this subsection. In addition to the requirements contained therein, any person subject to the provisions of Subpart H shall file with the Secretary copies of all documentation, manifests, exception reports, annual reports or records submitted to EPA, the Administrator or the Regional Administrator as required by and within the time frames set forth in subpart H.