Current through Register Vol. XLI, No. 50, December 13, 2024
Section 45-23-5 - Requirements for new municipal solid waste landfills5.1. The owner or operator of a new MSWL under subsection 5.2 below shall comply with all applicable standards of performance, requirements, and provisions of 40 CFR part 60 subpart XXX, including any reference methods, performance specifications, and other test methods associated with subpart XXX. No person shall construct or operate a new MSWL that results in a violation of 40 CFR part 60, subpart XXX or this rule. 5.2. Applicability.-The owner or operator of a MSWL that meets the following criteria shall be subject to the requirements for a new MWSL set forth in section 3 above. A new MSWL is a MSWL that either: 5.2.a. Commenced construction after July 17, 2014; or 5.2.b. Commenced reconstruction or modification after July 17, 2014. 5.3. Physical or operational changes made to a MSWL solely to comply with 40 CFR part 60, subparts Cc, Cf, or WWW are not considered construction, reconstruction or modification for the purposes of applicability. 5.4. Activities required by or conducted pursuant to a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), Resource Conservation and Recovery Act (RCRA), or the West Virginia Voluntary Remediation and Redevelopment Act (VRRA) are not considered construction or modification for the purposes of applicability.