W. Va. Code R. § 157-8-5

Current through Register Vol. XLI, No. 45, November 8, 2024
Section 157-8-5 - Contractual Services
5.1 Commissioner's Discretion. The Commissioner may, in the remediation process, at his or her discretion, contract with, but is not limited to the following options.
5.1.a Government or Quasi-Govemment Agencies, such as;
5.1.a.1 West Virginia Division of Corrections,
5.1.a.2 West Virginia DHHR,
5.1.a.3 West Virginia Regional Jail and Corrections Authority Facility,
5.1.a.4 West Virginia National Guard,
5.1.a.5 U.S. Army Reserve,
5.1.a.6 West Virginia Citizen's Conservation Corps,
5.1.b Private Contractors and Others, such as;
5.1.b.1 properly licensed West Virginia Contractors and out-of-state Contractors,
5.1.b.2 civic groups or Disadvantaged Business Enterprises.
5.1.c The Commissioner may at his/her discretion use the personnel in the West Virginia Division of Highways as deemed necessary to accomplish the necessary remediation of waste tire piles. Such directly related activities for remediation are billable to the Tire Remediation/Environmental Clean up Fund.
5.1.d The Commissioner at his/her discretion may enter into Purchasing, Lease/Purchase, Leasing, or Rental Agreements with specialized equipment suppliers for the purpose of remediation.
5.1.d.1 The obtaining of equipment for remediation may be through other state agencies, as the Commissioner deems necessary.
5.1.e No person or business who has been deemed to have a waste tire pile subject to remediation may participate or contract in this program.
5.1.e.1 Once the person or business remediates completely the waste tire pile and clean up, it then may be eligible for contractual services.
5.1.f The Commissioner may use interested civic groups to help remediate smaller waste tire piles by providing the hauling service and other essentials that may be needed.
5.1.g. Utilization of available DHHR and Corrections work programs shall be given priority status in the contract process as long as such programs are cost effective.

W. Va. Code R. § 157-8-5