Current through Register Vol. XLI, No. 50, December 13, 2024
Section 47-35-4 - NOTIFICATION OF HAZARDOUS WASTE ACTIVITY REGULATIONS4.1. Applicability. Any person that engages in a hazardous waste activity in the State of West Virginia shall notify the chief of these activities when he begins such activity, unless such activities are exempted from the requirements of these rules. 4.1.a. Any person as described in subsection 4.1 of these rules that has notified the EPA or is subject to the requirements to notify EPA as specified in volume 45, number 39 of the Federal Register, dated February 26, 1980, pages 12746 through 12754, is subject to the provision of section 4 of these rules.4.1.b. The purpose of section 4 of these rules is to provide a means for the State of West Virginia to utilize the information provided by all who complied with the notification requirements of EPA as described in subdivision 4.1.a. of these rules or all who initiated hazardous waste activities subsequent to the requirements of EPA as referenced above in subdivision 4.1.a of these rules to notify the chief of their hazardous waste activities.4.2. Notification. Any person that notified EPA of hazardous waste activities as referenced above in subsection 4.1 of these rules shall provide a copy of that notification to the chief.4.2.a. Any person involved in hazardous waste activities that did not comply with the notification requirements of EPA, as referenced above in subsection 4.1 of the rules, but is subject to those requirements shall notify the chief in writing of his hazardous waste activities within thirty (30) days of the effective date of these rules. Notification may be accomplished by the use of EPA Form 8700-12 or the provision of the same information in any other manner selected by the notifier.4.2.b. Any person exempted from the federal notification requirements as specified in 40 CFR §§ 261.6 (b) and 261.5, but subject to West Virginia notification requirements, shall notify the chief in writing of his hazardous waste activities within ninety (90) days of the effective date of these rules or the date of initiation of such activities, whichever is later. Notification may be accomplished by use of EPA Form 8700-12 or the provision of the same information in any other manner selected by the notifier.4.2.c. One notification form is required for each generator.4.2.d. A notification form is required for each storage, treatment, disposal, or other facility. However, if one facility site includes more than one storage, treatment, or disposal activity, only one notification form for the entire facility site is required.4.2.e. Generators that store, treat, or dispose of hazardous waste on-site shall file a notification form for generation activities as well as storage, treatment, and disposal activities, unless such activities are exempted from the requirements of these rules.4.2.f. New generators and those initiating activities subsequent to the EPA notification period referenced in subdivision 4.1.a. of these rules shall comply with the EPA identification number requirements and shall provide a copy of their application for an EPA identification number to the administrator.