W. Va. Code R. § 45-3-5

Current through Register Vol. XLI, No. 50, December 13, 2024
Section 45-3-5 - Permits
5.1. No person shall construct, modify or relocate a hot mix asphalt plant without first obtaining any permit(s) required by 45CSR13, 45CSR14 or 45CSR19.
5.2. No person shall operate a hot mix asphalt plant without first obtaining an operating permit. The possession of an operating permit issued pursuant to 45CSR30 or a general permit issued pursuant to 45CSR13 will satisfy the requirements of this subsection.
5.3. Applications for permits shall be made upon forms available from the Secretary and shall include such information as in the judgement of the Secretary will enable him or her to determine whether such source(s) will be so designed as to operate in conformance with the provisions of this rule and other applicable rules, the W. Va. Code §22-1-1 et seq., and will not cause or contribute to the violation of applicable ambient air quality standards.
5.4. An operating permit, issued pursuant to this rule, will be granted for plants provided they meet and maintain the requirements as set forth in this rule. These permits will be valid for 1 calendar year and must be renewed annually. Any person failing to maintain the requirements of this rule shall, at the discretion of the Secretary, have their operating permit revoked.
5.5. When operating permits are revoked, the Secretary will consider reissuing permits when such changes as necessary to meet the requirements of this rule are made by the owner or operator of the plants.
5.6. Plants operating without all applicable permits will be in violation of this rule.

W. Va. Code R. § 45-3-5