Current through Register Vol. XLII, No. 1, January 3, 2025
Section 157-7-6 - Discharges6.1. Immediate Procedures. In the event of a discharge of hazardous waste during transportation, the highway transporter must immediately take appropriate action to protect human health and the environment (e.g., notify local authorities, dike the discharge area). 6.2. Emergency Measures for Removal of Waste. If a discharge of hazardous waste occurs during transportation and a government official, acting within the scope of his authority, determines that immediate removal of the waste is necessary to protect human health or the environment, that official may authorize the removal of the waste by transporters who do not have EPA Identification Numbers and without the preparation of a manifest.6.3. Required Notices. A highway transporter who has discharged hazardous waste must give notice to: 6.3.1 The WV Division of Highways 1900 Kanawha Boulevard, East, Room 110
Charleston, WV 25305
Telephone: (304) 558-3028
twenty-four hours a day;
6.3.2. The WV Department of Environmental Protection
Division of Water and Waste Management
601 57th Street, SE
Charleston, WV 25304
Telephone: 800-642-3074
FAX: (304) 926-0463
6.3.3. The National Response Center Telephone: 1-800-424-8802 or (202) 426-2675, but only if:
6.3.3.a. A person is killed; or,6.3.3.b. A person receives injuries requiring hospitalization; or,6.3.3.c. Total property damage from the spill exceeds $50,000; or,6.3.3.d. The discharge involves radioactive waste and/or materials; or,6.3.3.e. The discharge involves shipment of etiologic agents; or,6.3.3.f. The situation, in the judgment of the carrier, should be reported.6.3.4. The notice shall contain the following information:6.3.4.a. Name of reporter;6.3.4.b. Name and address of carrier;6.3.4.c. Phone number where reporter can be reached;6.3.4.d. Date, time and location of spill;6.3.4.e. Extent of injuries, if any;6.3.4.f. Type and quantity of hazardous waste involved, if any;6.3.4.g. Description of incident and whether a continuing danger to life exists at the scene.6.4. Written Report. 6.4.1. Within fifteen (15) calendar days of the date of discovery of the discharge of any quantity of hazardous waste, the highway transporter shall file a written report, as specified in 49 C.F.R. 171.16, (See link pages 8 and 9) as amended, with the West Virginia Division of Highways, the West Virginia Department of Environmental Protection, and the United States Department of Transportation.6.4.2. The report shall contain the following information: 6.4.2.a. All information required by subdivision 6.3.d;6.4.2.b. The location of the discharge in relation to surface water, public water supplies, groundwater, wildlife inhabitants, and agricultural production;6.4.2.c. The quantity and description of the hazardous waste removed and the disposition of that material;6.4.2.d. The disposition, quantity and description of the unremoved hazardous waste;6.4.2.e. A copy of the hazardous waste manifest shall be attached to the report.6.5. Clean Up. A highway transporter shall clean up any hazardous waste discharge that occurs during transportation or take such action as may be required or approved by Federal, State or local officials in consultation with the West Virginia Division of Highways or West Virginia Department of Environmental Protection charged with implementation of the West Virginia Hazardous Waste Management Act so that the hazardous waste discharge no longer presents a hazard to human health or the environment prior to releasing the transporter.