Current through Register Vol. XLI, No. 24, June 14, 2024
Section 47-38-1 - General1.1. Scope and Purpose. -- This legislative rule establishes requirements for the siting (including location standards), financial assurance, installation, establishment, construction, design, groundwater monitoring, modification, operation, permitting, closure and post-closure care of any-solid waste facility that processes, recycles, composts, transfers or disposes of solid waste pursuant to W. Va. Code §22-15. This rule applies to any person who owns or operates a solid waste facility or who is responsible for the processing, composting, recycling, transfer or disposal of solid waste, except for those recycling facilities exempted from permitting requirements as authorized by W. Va. Code § 20-11-12." 1.1.1. Applicability.1.1.1.a. Permittees or applicants of existing solid waste landfills (SWLFs), or portions thereof, that stopped receiving waste before the effective date of this rule must close their SWLF in accordance with the terms and conditions of their solid waste permit, order, and/or the laws, rules and regulations in place on the effective date of this rule, unless permit requirements are otherwise required by the director.1.1.1.b. Permittees of existing SWLFs, or portions thereof, that initiate, or continue receiving waste after the effective date of "this rule must comply with the term and conditions of their existing solid waste permit, order, and additionally the laws, rules and regulations in place on the effective date of this rule, unless said permit is modified by the director to include the requirements of this rule, or unless permit requirements are otherwise modified by the director.1.1.1.c. Applicants for new SWLFs, and lateral expansions of existing SWLFs that are issued permits .after the effective date of this rule must comply with the terms and conditions of that new solid waste permit, and/or the laws, rules and regulations, or order, in place on the effective date of this rule, unless otherwise required by the director,1.1.1.d. The applicability requirements of this section do not apply to existing solid waste nondisposal solid waste facilities. These facilities must continue to comply with their existing permit and this rule, §§22-15, 22-12 and 22-11 as applicable, until such time as the permit is subject to renewal, modification or other similar permitting function. New "nondisposal" facility applicants must apply for permits as required by, and in compliance with, this rule.1.2. Authority, -- W. Va. Code §§ 22-15-5, 22-15-10, 22-15-12, 22-15-13, and 22-15-14.1.3. Filing Date. -- April 13, 19961.4. Effective Date. -- June 2, 19961.5. Amendment of Former Rule. -- These legislative. rule amends 47 CSR 38; the "Solid waste Management Regulations" as filed and effective on May 1, 1990.1.6. Lawful Disposal of Solid Waste Required. -- Solid waste must be disposed, processed, stored, transferred, or recycled only at permitted solid waste facilities as described in this rule. Solid waste landfill facilities failing to satisfy this rule are considered open dumps, as defined in section 2 of this rule, and will be subject to the actions and penalties outlined in. Chapter 22, Article 15, Section 15.1.7. Incorporation by Reference. -- Whenever federal or state statutes, rules or regulations are incorporated into this rule by reference, the reference is to.. the statute, rule or regulation in effect on the date stipulated by section 1.4 of this rule.