W. Va. Code R. § 61-6B-10

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

Section 61-6B-10 - Operational Area Containment for Fluid Fertilizer

10.1. All fluid fertilizer shall be stored such that all loading and unloading of fluid bulk fertilizer shall be on an area which is curbed and paved with asphalt or concrete. The curbed and paved area shall provide an impervious surface and

10.1.1. be of sufficient size to hold the entire mobile container during loading and unloading; and

10.1.2. be designed, constructed and maintained to handle all loading conditions to which it is exposed; and

10.1.3. be maintained by keeping all cracks and seams sealed and be impervious to leakage from any spillage.

10.2. Materials other than asphalt and concrete may be used only after they have been approved by the commissioner.

10.3. This section shall not apply to mobile containers used to nurse field operations when at a field unloading site.

10.4. All operational area containments shall have a curbed and paved surface that drains into a liquid-tight catch basin

10.4.1. that is of adequate design and size to contain a minimum of one thousand five hundred (1,500) gallons of an operational spill when at least one person is available during the entire loading and unloading process that is capable of stopping the loading or unloading process in the case of an operational spill; when no person is available to monitor the loading and unloading, the design and size shall be adequate to contain a total of one hundred ten percent (110%) of the volume of the largest vehicle to be loaded or unloaded; and

10.4.2. which may include a sump and an above-ground container, only when a pump is installed for transfers of the contents into the above-ground container.

10.5. All operators shall promptly recover any operational spill from the operational area containment so that the capacity required in this section is available at all times.

10.6. All operators shall maintain the operational containment area free of debris and foreign matter.

10.7. All facilities that are in operation on the effective date of this rule shall be permitted three (3) years to fully comply with this section of the rule as long as the operator submits a plan for full compliance with this section of the rule within two (2) years of the effective date of this rule and the operator takes immediate action to prevent groundwater pollution within the capability of the current facility.

W. Va. Code R. § 61-6B-10