W. Va. Code R. § 38-11-9

Current through Register Vol. XLI, No. 44, November 1, 2024

Section 38-11-9 - Submittal of Spill Prevention Plans

9.1. Notwithstanding compliance with any division regulation or permit, whenever a facility has: Discharged more than 1000 U.S. gallons into the waters of the state in a reportable discharge or discharged oil or other pollutants into the waters of the state in two reported discharges within any twelve month period; the owner or operator of such facility shall submit to the Director the following:

9.1.1. Name of the facility;

9.1.2. Names (s) of the owner or operator of the facility;

9.1.3. Location of the facility;

9.1.4. Date and year of initial facility operation;

9.1.5. Maximum storage or handling capacity of the facility and normal daily throughput;

9.1.6. Description of the facility, including maps, flow diagrams, and topographic maps;

9.1.7. The complete copy of the SPCC Plan with any amendments as required under 40 C.F.R. § 112, or Best Management , Plan (BMP) as required under any permit;

9.1.8. The cause(s) of such spill, including a failure analysis of system or sub-system in which the failure occurred;

9.1.9. The corrective actions and/or countermeasures taken, including an adequate description of equipment repairs and/or replacements;

9.1.10. Additional preventive measures taken or contemplated to minimize the possibility of recurrence;

9.1.11. Such other information as the Director may reasonably require pertinent to the Plan or spill event.

9.2. The Director shall review the information submitted and shall issue an order which will require any corrective action he deems necessary to protect against future spills, and forward his recommendations to the Regional Administrator for EPA.

W. Va. Code R. § 38-11-9