W. Va. Code R. § 47-13-7

Current through Register Vol. XLI, No. 24, June 14, 2024
Section 47-13-7 - Requirements for Wells Injecting Hazardous Waste
7.1. Applicability. The rules in this section and section 8 apply to all generators of hazardous waste, and to the owners or operators of all hazardous waste management facilities, using any Class 1 well to inject hazardous waste accompanied by a manifest.
7.2. Authorization. The owner or operator of any Class 1 well that is used to inject hazardous wastes accompanied by a manifest or delivery document shall apply for authorization to inject within 6 months of the effective date of this rule.
7.3. Requirements. In addition to requiring compliance with the applicable requirements of section 8, the Director shall, for each facility meeting the requirements of subsection 7.2 require that the owner or operator comply with the following:
7.3.1. Notification. The owner or operator shall comply with the notification requirements in the Hazardous Waste Management Rule, 33CSR20-4, (W. Va. Code §22-18).
7.3.2. Identification number. The owner or operator shall comply with the requirements in the Hazardous Waste Management Rule, 33CSR20-8. (W. Va. Code §22-18).
7.3.3. Manifest system. The owner or operator shall comply with the applicable record keeping and reporting requirements for manifested wastes in the Hazardous Waste Management Rules, 33CSR20-8. (W. Va. Code §22-18).
7.3.4. Manifest discrepancies. The owner or operator shall comply with the Hazardous Waste Management Rules, 33CSR20-8. (W. Va. Code §22-18).
7.3.5. Operating record. The owner or operator shall comply with the Hazardous Waste Management Rules, 33CSR20-8. (W. Va. Code §22-18).
7.3.6. Annual report. The owner or operator shall comply with the Hazardous Waste Management Rules, 33CSR20-8. (W. Va. Code §22-18).
7.3.7. Unmanifested waste report. The owner or operator shall comply with the Hazardous Waste Management Rules, 33CSR20-8. (W. Va. Code §22-18).
7.3.8. Personnel training. The owner or operator shall comply with the applicable personnel training requirements in the Hazardous Waste Management Rules, 33CSR20-8. (W. Va. Code §22-18).
7.3.9. Certification of closure. When abandonment is completed, the owner or operator must submit to the Director certification by the owner or operator and certification by an independent registered professional engineer that the facility has been closed in accordance with the specifications in subsection 14.7.6. of this rule.
7.4. Location Standards. Owners and operators of all new hazardous waste injection wells shall comply with the following location standards:
7.4.1. Seismic Risk Zones. Wells shall not be located in Seismic Risk Zone 2 (Expected Moderate Damage). The following counties are located in Seismic Risk Zone 2: Jefferson, Berkeley, Morgan (east of Cacapon District), Hampshire (Bloomery, Capon Districts), Hardy (Capon, Lost River Districts), Pendleton (Bethel, Sugar Grove Districts), Pocahontas (south of the Green Bank District), Greenbrier, Monroe, Summers, Mercer, Raleigh (Slab Fork, Shady Spring, and Richmond Districts), McDowell and Wyoming (south of Oceana District).
7.4.2. Subsurface Mining Areas. The borehole of any hazardous waste injection well shall not pass through a cavity created by subsurface mining.
7.4.3. Carbonate Formations. The borehole of any hazardous waste injection well shall not pass through any cavity created by solution of carbonate rock above the injection zone.
7.4.4. Inundation Danger Zone. Hazardous waste injection wells shall not be located where inundation from dam failure or a 100-year flood could occur.
7.4.5. Designated Wetlands. Hazardous waste injection wells shall not be located in wetlands.

W. Va. Code R. § 47-13-7