Current through Register Vol. XLI, No. 37, September 13, 2024
Section 47-35-5 - STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE5.1. 40 CFR Part 262. -- The provisions of 40 CFR part 262 are hereby adopted and incorporated by reference with the modifications, exceptions and additions contained in this section.5.2. 40 CFR § 262.10(e). -- The provisions of 40 CFR § 262.10 (e) shall be excepted from incorporation.5.2.a. A person who generates a hazardous waste as defined by 40 CFR part 261 is subject to the compliance requirements and penalties prescribed in W. Va. Code, § 22-18-1 et seq. if he does not comply with the requirements of this rule. This rule no way abrogates the enforcement authority of the Resource Conservation and Recovery Act of 1976 § 3008.5.2.b. All references to 40 CFR § 262.10 (e) shall be deemed references to subsection 5.2 and the subdivisions herein, as appropriate.5.3. 40 CFR Part 262, Subpart E. -- The provisions of 40 CFR part 262, subpart E -- Exports of Hazardous Waste are excepted from incorporation by reference and shall remain the provenance of the environmental protection agency and in addition to the requirements contained therein, any person subject to the provisions of subpart E shall file with the chief copies of all documentation, manifests, exception reports, annual reports or records, inter alia, submitted to EPA, the administrator or the regional administrator as required by and within the timeframes set forth in subpart E.5.4. 40 CFR Part 262, Subpart F. -- The provisions of 40 CFR part 2 62, subpart F - Imports of Hazardous Waste are excepted from incorporation by reference and in addition to the requirements contained therein, any person subject to the provisions of subpart F shall file with the chief copies of all documentation, manifests, exception reports, annual reports or records, inter alia, submitted to EPA, the administrator or the regional administrator as required by and within the timeframes set forth in subpart F.