W. Va. Code R. § 57-1-4

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 57-1-4 - Applying for Site Approval

4.1. Prior to submitting a siting application to the Board, the applicant for a commercial hazardous waste management facility shall file pre-siting notices, publish legal notices as prescribed in the West Virginia Code, 20-10A-3 and hold a public information hearing in the proposed host community. Then the referendum process will proceed. See the Siting Flow Chart (Appendix I) and Pre-Siting Notice (Appendix II) of this rule.

4.2. After the pre-siting procedure has been executed, and if the referendum indicates that a majority of the legal votes cast upon the question are in favor of the facility, any person wanting to construct or operate a commercial hazardous waste management facility must obtain an application outline from the Board. The Board will consider applications that do not explicitly follow the outline incomplete. See the Completeness Outline (Appendix III) of this rule.

4.3. Any person wanting to construct or operate a commercial hazardous waste management facility must submit to the Board, the information required under the "Hazardous Waste Management Regulations" (Sections 11.5.1.l through 11.5.1.m.) of 47 C.S.R. 35.

4.4. That person must indicate whether the application is new or revised.

4.5. That person must submit a descriptive history of any previous hazardous waste management activities in which the owner and/or operator was or is involved.

4.6. In addition to the information required under Section 4.3 and 4.5 of this rule, 47 C.S.R. 35, the applicant must also submit the following information:

4.6.1. A drawing of the commercial facility at a scale of one inch equal to not more than one hundred feet (1" = 100') showing the location, where applicable, of all past, present, and future hazardous waste treatment, storage, disposal, and recycling areas. Owners or operators of existing facilities must provide photographs of the facilities;

4.6.2. A 7.5 minute series USGS topographic map showing a distance of one thousand (1,000) feet around the commercial facility at a scale of 2.5 centimeters (1 inch) equal to not more than 61.0 meters (200 feet). Contours must be shown on the map. The contour interval must be sufficient to clearly show the pattern of surface water flow in the vicinity of and from each operational unit of the facility (ie. five foot contour intervals if relief is greater than twenty feet; or two foot contour intervals if relief is less than twenty feet). Owners and operators of commercial hazardous waste facilities located in mountainous areas should use larger contour intervals to adequately show topographic profiles of facilities. The map shall clearly show the following:

4.6.2.a. The map's scale and date;

4.6.2.b. The 100-year floodplain area;

4.6.2.c. Surface waters, including intermittent streams;

4.6.2.d. Surrounding land uses (e.g., residential, commercial, agricultural, recreational, schools, hospitals, institutions and other businesses);

4.6.2.e. A wind rose (i.e., prevailing wind speed and direction);

4.6.2.f. The orientation of the map (north arrow);

4.6.2.g. The legal boundaries of the commercial hazardous waste management facility site;

4.6.2.h. Access control (e.g., fences, gates);

4.6.2.i. Injection and withdrawal wells both on-site and off-site;

4.6.2.j. Buildings and treatment, storage, or disposal operations or other structures (e.g., recreation areas; runoff control systems; access and internal roads; storm, sanitary, and process sewage systems; loading and unloading areas; and fire control facilities);

4.6.2.k. Barriers for drainage or flood control; and

4.6.2.l. The location of operational units within the commercial hazardous waste management facility site, where hazardous waste is or will be treated, stored, or disposed (including equipment clean-up areas); and

4.6.3. A listing of all permits or construction approvals received or pending as required under Section 11.4.1.j of 47 C.S.R. 35;

4.6.4. The Standard Industrial Classification Codes (SIC) that reflect the types of hazardous waste generators to be served by the commercial facility;

4.6.5. A detailed written analysis along with supporting documentation that addresses the nature of the probable environmental and economic impacts of the commercial facility including, but not limited to the following:

4.6.5.a. The predictable adverse impacts on:

4.6.5.a.1. Wetlands;

4.6.5.a.2. Farmlands;

4.6.5.a.3. Surface water;

4.6.5.a.4. Groundwater;

4.6.5.a.5. Wildlife;

4.6.5.a.6. Endangered species;

4.6.5.a.7. Public health and safety;

4.6.5.a.8. Transportation networks;

4.6.5.a.9. Historic, cultural, and recreational areas;

4.6.5.a.10. Air quality; and

4.6.5.a.11. Counties or communities adjacent to the proposed host community; and

4.6.5.b. An evaluation of and a plan for measures that will mitigate those impacts. If there is a potential for adverse impacts beyond the host community, the Board shall notify the respective County Commission and publish a Class I-O legal advertisement identifying those impacts in a newspaper published in those counties.

4.6.6. The information required under Section 11.2.9 (exposure information) of 47 C.S.R. 35, except that this information is required of all commercial hazardous waste management facilities regardless of the type of management practice employed. The information shall include a quantitative assessment of the magnitude and nature of human exposure within a four (4) mile radius of the proposed facility. This assessment shall consider and discuss:

4.6.6.a. Chronic and acute exposure scenarios;

4.6.6.b. Carcinogenic, teratogenic, systemic or other health risks, as appropriate;

4.6.6.c. The above scenarios and risks in a quantitative manner, to the extent possible; and

4.6.6.d. Each pathway identified pursuant to Section 11.2.9.a.1 of 47 C.S.R. 35.

4.6.7. The nature of expected environmental benefits;

4.6.8. The nature of expected economic benefits likely to be derived from the commercial facility;

4.6.9. The activities to be conducted at the commercial facility;

4.6.10. A list of hazardous wastes (include EPA Hazardous Waste Codes) that will be received by the commercial facility; their respective annual volumes; and the type of treatment, storage, or disposal;

4.6.11. The latitude and longitude of the commercial facility; and

4.6.12. The names, addresses, and telephone numbers of the owner, operator, and principal shareholders of the facility.

4.7. The applicant shall submit twenty (20) copies of the completed application to the Board.

4.8. The following statement must precede required signatures.

"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with measures designed to assure that qualified personnel gathered and evaluated the information submitted. Based upon my inquiry of those persons directly involved with the preparation of this application, the information is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false or misleading information, including the possibility of fine and imprisonment for knowing violations."

4.8.1. The application must be signed by the following person(s):

4.8.1.a. For a corporation, the "responsible corporate officer" as defined in Section 2 of 47 C.S.R. 35;

4.8.1.b. For a partnership or sole proprietorship, by a general partner or proprietor, respectively; or

4.8.1.c. For a municipality, State, federal, or other public agency, by either the principal executive officer, or ranking elected official.

4.9. On or before sixty (60) calendar days from the receipt of the application for Site Approval by the Board, the Board shall mail written notice to the applicant as to whether or not the application is complete. If the application is determined to be incomplete, the Board shall notify the applicant and assess the resubmittal fees pursuant to 47 C.S.R. 35A. When the application has been determined to be complete, the Board will notify the applicant and the County Commission of the intended host county and the County Commissions of all Counties within the 4 mile radius of the quantitative assessment required under Section 4.6.6 of these regulations. The County Commission of the host County shall, within thirty (30) calendar days of such notice, appoint two (2) ad hoc members to the Board to act upon the application. Note: When a commercial facility or proposed commercial facility is owned and operated by different persons, it is the operator's obligation to submit the application, but the owner must also sign the application.

W. Va. Code R. § 57-1-4