Current through Register Vol. XLI, No. 50, December 13, 2024
Section 47-38G-1 - GENERAL1.1. PURPOSE, SCOPE AND APPLICABILITY.1.1.1. Purpose. This rule is intended to meet the requirements of Chapter 20, Article 11, Section 8(c), as amended. That section directed the division of environmental protection to promulgate rules, in accordance with the solid waste management board plan established under Chapter 20, Article 11, Section 8(b) to properly handle and manage waste tires and used tires.1.1.2. Scope. This legislative rule establishes requirements for the proper handling and management of waste tires and used tires including permitting and reporting procedures pertaining to any facility or activity that generates, processes, or otherwise reuses or recycles tires by whatever means.1.1.3. Applicability. This rule applies to any person. or persons who manage, collect, store, transport, recycle, process, dispose or otherwise handles waste tires and used tires after June 1, 1995. in the State of West Virginia, except as provided in section 3.1 of this rule.1.2. AUTHORITY: West Virginia Code § 22-1-3, §22-l-3a, § 20-11-8(c).1.3. LEGISLATIVE MANDATE: Effective June 1, 1998, it will be unlawful to deposit tires in a solid waste facility in West Virginia: Provided, however. That reasonable and necessary exceptions to such prohibition may be, and are, included in this rule (West Virginia Code § 20-11-8(a)).1.4. FILING DATE: April 17, 19961.5. EFFECTIVE DATE: June 2, 19961.6. INCORPORATION BY REFERENCE. Whenever state statutes or rules are incorporated into this rule by reference, the reference is to the statute or rule in effect on the effective date of this rule.W. Va. Code R. § 47-38G-1