Current through Register Vol. XLI, No. 50, December 13, 2024
Section 61-6B-8 - Storage and Handling of Dry Bulk Fertilizer8.1. All dry bulk fertilizer in undivided quantities exceeding twenty-five (25) tons shall be stored inside operational area containment structure(s) consisting of a sound structure or device having a cover or roof top, sidewalls, and a base sufficient to prevent contact with precipitation and surface waters.8.2. Except for those procedures performed in the field of application, all persons loading, unloading, mixing or handling dry bulk fertilizer shall use a containment method, device, or structure suitable to prevent or minimize groundwater contamination. The containment method, device, or structure shall be of a size and design that contains the fertilizer and minimizes emission of dust and/or vapors beyond the facility boundaries. Any collected material shall be applied at agronomic fertilizer rates or otherwise recycled.8.3. All operators shall promptly recover any dry bulk fertilizer which is spilled while being loaded to or from storage when the spillage would exceed a quantity greater than two hundred (200) pounds.8.4. Containment devices, structures, or methods include, but are not limited to: 8.4.1. paving and curbing of outdoor handling areas with materials which allow for collection and recycling of the spilled products;8.4.2. enclosing conveyors and equipping conveyors with dust control boots. Manually extendible boots may be adaptable to upright and auger type conveyors;8.4.3. collection and recycling of product dust from rooftops of roof-filled storage structures; or8.4.4. daily cleanup of the non-roofed areas each day when in use.8.5. No person may store dry bulk fertilizer without a complete label, as required by W. Va. Code '19-15-1 et seq. (except for the net weight) posted on the storage container.8.6. No person may construct an operational area for dry bulk fertilizer storage in undivided quantities exceeding twenty-five (25) tons closer than one hundred (100) feet from a wellhead, unless that operation is in use on the effective date of this rule.8.7. No person may store dry bulk fertilizer on land with a reasonable expectation of having a flood event from a twenty-five (25) year - twenty-four (24) hour frequency storm, as defined by the National Weather Service, during the storage period unless the storage area is adequately protected from inundation by flooding.8.8. All storage facilities for dry bulk fertilizer operating on the effective date of this rule are permitted five (5) years to fully comply with this rule as long as the operator submits a plan for full compliance with this 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.