Current through Register Vol. XLI, No. 50, December 13, 2024
Section 33-31-1 - General1.1. Scope. -- This legislative rule establishes procedures for the assessment and collection of fees for the Underground Storage Tank Administrative Fund and the Leaking Underground Storage Tank Response Fund pursuant to W. Va. Code §§ 22-17-20 and 22-17-21.1.2. Authority. -- W. Va. Code § 22-17-6.1.3. Filing Date. -- May 10, 2005.1.4. Effective Date. -- June 1, 2005.1.5. Incorporation by Reference. -- Whenever federal statutes or regulations are incorporated by reference into this rule, the reference is to the statute or rule in effect on the date on which this rule was proposed April 8, 2004.1.6. Tanks Excluded From Fee Assessments. -- The following categories of underground storage tanks are excluded from the fee assessment provisions of section 3 of this rule. 1.6.a. Any underground storage tank holding hazardous wastes listed or identified under Subtitle C of the federal Resource Conservation and Recovery Act of 1976, as amended, or a mixture of such hazardous waste and other regulated substances;1.6.b. Any wastewater treatment tank system that is part of a wastewater treatment facility regulated under section 402 or 307(b) of the federal Clean Water Act;1.6.c. Equipment or machinery that contains regulated substances for operational purposes such as hydraulic lift tanks and electrical equipment tanks;1.6.d. Any underground storage tank system whose capacity is one hundred and ten (110) gallons or less;1.6.e. Any underground storage tank system that contains a de minimis concentration of regulated substances; and1.6.f. Any emergency spill or overflow containment underground storage tank system that is expeditiously emptied after use.