3.2. Location Standards.Unless otherwise approved by the director in writing, a person must not establish, construct, operate, maintain, or allow the use of property for a landfill in the following areas:
(Note: All distance measurements prescribed in section 3.2. of this rule refer to distances as measured from, the edge of the waste management unit boundary of a facility.)
3.2.1. Location Standards for Surface Water.No SWLF may be located within three hundred (300) feet of-any surface water (facility drainage or sedimentation control structures are exempt from this distance calculation) ;
3.2.2. Location Standards for Natural Wetlands.No SWLF may be located within three hundred (3-0-0) feet of any natural wetlands, unless the permittee can make the following demonstrations to the director (facility drainage or sedimentation control structures are exempt from this distance calculation):
3.2.2.a. Where applicable under section 404 of the Clean Water Act or applicable wetland laws under Chapter 22, Article 11, or any rules promulgated thereunder, the presumption that a practicable alternative to the proposed landfill is available which does not involve natural wetlands is clearly rebutted:3.2.2.b. The construction and operation of the SWLF must not:3.2.2.b.A. Cause or contribute to violations of any applicable state water quality standard;3.2.2.b.B. Violate any applicable Chapter 22, Article 11, and/or other toxic effluent standard or prohibition under section, 3 07 of the Clean Water Act. or as reflected in Chapter 22, Article 11, of the Code of West Virginia, as amended; . .3.2.2.b.C. Jeopardize the continued existence of endangered or threatened species or result in the destruction or adverse modification of a critical habitat, protected under the Endangered Species Act of 1973; and3.2.2.b.D. Violate any requirement under the Marine Protection, Research, and Sanctuaries Act of 1972 for the protection of a marine sanctuary.3.2.2.c. The SWLF must not cause or contribute to significant degradation of natural wetlands/ and the permittee must also demonstrate the integrity of the SWLF and its ability to protect ecological resources by addressing the following factors: . . . 3.2.2.c.A. Erosion, stability, and migration potential of native wetland soils, muds, and deposits used to support the SWLF;3.2.2.c.B. Erosion, stability, and migration potential of dredged and fill materials used to support the SWLF;3.2.2.c.C. The volume and chemical nature of the waste managed in the SWLF;3.2.2.c.D. Impacts upon fish, wildlife, and other aquatic resources and their habitat from, any release of the solid waste, or the leachate thereof;3.2.2.c.E. The potential effects of catastrophic releases of waste or the leachate thereof, to the natural wetlands and the resulting impacts on the environment; and3.2.2.c.F. Any additional factors, as necessary, to demonstrate that ecological resources in the wetland are sufficiently protected.3.2.2.c.G. To the extent required under section 404 of the Clean Water Act or: applicable state natural wetlands laws as reflected in Chapter 22, Article 11, of the Code of West Virginia, as amended, steps must have been taken to attempt to _achieve no net loss of natural wetlands (as defined by acreage and function) by first avoiding impacts to natural wetlands to the maximum extent practicable as required by section 3.2.2.a of this rule, then minimizing unavoidable impacts to the maximum extent practicable, and finally offsetting remaining unavoidable wetland impacts through all appropriate and practicable compensatory mitigation actions (e.g., restoration of existing degraded natural wetlands or creation of manmade natural wetlands).3.2.3. Perennial Stream Location Standards;No SWLF may be located within the watercourse of a perennial stream;
3.2.4. Location Standards for Floodplains3.2.4.a. Permittees of new SWLFs, existing SWLFs and lateral expansions located in a 100-year floodplains must demonstrate that the SWLF does not, and will not : 3.2.4.a.A. Restrict the flow of the 100-year flood, reduce the . . temporary water storage capacity of the floodplain, or3.2.4.a.B. Result in a washout of solid waste so as to pose a hazard, to human health and/or the environment.3.2.5. Location Standards for Highways and Public Parks.New SWLFs and lateral expansions must not be located within one thousand (1,000) feet of the nearest edge of the right-of-way of any state highway, interstate, federal aid primary or federal aid secondary, or county highway, or the boundary' of any public park unless the facility is screened by natural objects, plantings, fences, "or other appropriate means so that it is not readily visible from the highway or park;
3.2.6. Location Standards for Fault Areas.3.2.6.a. New SWLFs and lateral expansions must not be located within 200 feet (60 meters) of a fault that has had displacement in Holocene time (i.e., during the last eleven thousand years);3.2.6.b. Unless the permittee demonstrates to the director in. a permit application that an alternative setback distance of less than 200 feet (60 meters) will prevent "damage to the structural integrity of the SWLF and will be protective of human health and the environment.3.2.7. Location Standards for Airport Safety.3.2.7.a. Permittees of new SWLFs, existing SWLFs, and lateral expansions must not be located within ten thousand (10,000) feet (3,048 meters) of any portion of the airport runway used or planned to be used by turbojet air craft or within five thousand (5,000) feet (1,524 meters) of any portion" of the airport runway used or .planned to be used only by piston-type aircraft or within other areas where a" substantial bird hazard to aircraft would be created; unless such applicants demonstrate that the SWLFs are designed, and .operated so that the SWLF does not and will not pose a bird hazard to aircraft.3.2.7.b. Permittees proposing to site new SWLFs and lateral expansions located within a five-mile radius of any portion of an airport runway used by turbojet or piston-type aircraft must provide written notification to both the affected airport and the Federal Aviation Administration (FAA), and provide copies of the same to the director.3.2.8. Location Standards for Dwellings.3.2.8.a. Permittees of new SWLFs, and lateral expansions must not be located within five hundred (500) feet of a dwelling that is, or will be occupied, at the time of initial facility siting, unless written permission is received "from the owner of the dwelling;3.2.9. Location Standards for Wells.3.2.9.a. Permittees of new SWLFs, existing SWLFs, and lateral expansions cannot be located within twelve hundred (1,200) feet of any public or private water supply well in existence at the time of initial facility siting;3.2.10. Location Standards for Unstable Areas.3.2.10.a. Permittees of new SWLFs, existing SWLFs, and lateral expansions cannot be located within, one thousand (1,000) feet of any area considered by the director to be unstable due to extreme geologic and hydrologic conditions (e.g., immaturely to maturely developed karst terrain, solution cavities), unless the permittee can demonstrate that engineering measures have been incorporated into the SWLF's design to ensure that the integrity of the structural components of the SWLF will not be disrupted, and3.2.10.b. The Permittee must consider the following factors, at a minimum, when determining whether an area is unstable:3.2.10.b.A. On-site or local soil conditions that may result in significant differential settling;3.2.10.b.B. On-site or local geologic or geomorphologic features; and3.2.10.b.C. On-site or local" human-made features or events (both surface and subsurface) .3.2.11. Location Standards for Underground Mines.3.2.11.a. Permittees of new SWLFs, and lateral expansions cannot be located above underground mine workings or within the critical angle of draw of such workings, unless otherwise approved by the director in writing;3.2.12. Location Standards for Surface Mines.Permittees of new SWLFs, and lateral expansions cannot be located within previously surface mined areas, unless otherwise approved by the director in writing.
3.2.13. Location Standards for Seismic Impact Zones.New SWLFs and lateral expansions must not be located in seismic impact zones, unless the permittee demonstrates to the Director that all containment structures, including liners leachate collection systems, and surface water control systems, are designed to resist the maximum horizontal acceleration in lithified earth material for the site.
3.2.14. Location Standards for Air Criteria.3.2.14.a. All permittees must ensure that violations of the applicable requirements developed under a State Implementation Plan. (SIP) promulgated pursuant to section 110 of the Clean Air Act, as amended or as reflected in the rules promulgated by the Office of Air Quality, do not occur.3.2.14.b. Open burning of solid waste, except for the infrequent burning of agricultural wastes, silvicultural wastes, landclearing debris, diseased trees, or debris from emergency cleanup operations, except as approved, by the Office of Air Quality, is prohibited at all SWLFs.3.2.15. Recordkeeping.The permittee must retain a copy of all such demonstrations for location standards, that have previously received the written approval of the director pursuant to this section in the facility operating record, as required by section 4.4 of this rule.
3.5. FacilityPermits.3.5.1. Permit Required.A permit must be obtained from the director prior to the installation, establishment, construction, modification, operation, or closure of any solid waste facility.
3.5.2. Single Permit.Permits issued pursuant to this rule must meet the requirements of W. Va. Code §§22-15 and 22-11, and all associated rules as applicable so that only one permit for any solid waste facility will be issued by the director. The §22-11 portion of that single permit must also meet the requirements of the "Groundwater Protection Act" promulgated under § 22-12-1 et seq., and any rules promulgated thereunder, as amended.
All permits issued pursuant to W. Va. Code §22-15 and this rule must have a fixed term not to exceed five (5) years from the date of issuance. The director may administratively extend any permit expiration date for a period of up to one (1} year.
Any person who, on or after the effective date of this rule, holds a valid Division permit, or modifies" or renews such permit to conduct a solid waste activity must, upon notification by the director in writing, submit a request to the director for a minor modification of that permit, in accordance with the provisions of section 3.18 of this rule, so that the applicable provisions of this rule can be incorporated into the terms and conditions of the existing permit. The director may only require a minor modification of the facility permit if the statute "Solid Waste management Act," this rule, or the counterpart federal regulation is modified or amended. The permit modification request must be submitted within ninety (90) days of the date of receipt of the notification of the director that they are required to comply with all requirements of § 22-15-1 et seq., and this rule, as applicable.
3.5.5. Application Completeness.A complete permit application, including the background investigation disclosure statement, must consist of all applicable information as required for final permit approval by this rule that renders the application for a permit, renewal, modification", transfer or other permitting function to be both administratively and technically complete.
3.7. Permit Application Requirements.A permit must be obtained from the director prior to the installation, establishment, construction, modification, operation, or closure of any solid waste facility. Unless otherwise specified in this rule or on application forms prescribed by the director, all applications for a solid waste facility permit must include the following:
3.7.1. Forms and Number of Copies.The application must be made on the forms prescribed by, and obtained from the director. Four (4) copies of the application, including all supporting documents, must be submitted to the director; a fifth copy must be submitted to the applicable county, or' regional solid waste authority for the area in which the proposed facility is, or will be located.
3.7.2. Property Rights.The application must provide a copy and a narrative description of the legal documents upon which the applicant's legal right to enter and conduct solid waste operations is based within the solid waste facility proposed permit area and whether that right is the subject of pending or current court litigation.
3.7.3. Certification.All application documents related to engineering and design plans and specifications must be compiled, signed, and sealed by a professional engineer who is registered to practice in West Virginia.
3.7.4. Cover Letter.The application must include a cover letter" detailing the desired division action and/or response.
3.7.5. Table of Contents.The application must include a table of contents listing all sections, visuals and attachments of the submittal.
3.7.6. Visuals.The application must include appropriate maps, figures, photographs, and tables to clarify information or conclusions. The visuals must be legible. All maps, plan sheets, drawings, isometrics, cross-sections, aerial photographs and other attachments must:
3.7.6.a. 3e no smaller than eight and one-half inches by eleven inches (8-1/2" X 11") and, if larger, must be folded to eight and one-half inches by eleven inches (8-1/2" X 11");3.7.6.b. Be of appropriate scale to show all required details in sufficient clarity;3.7.6.c. Be numbered, referenced in the table of contents and narrative, titled, have a legend of all symbols used, and specify drafting or origination dates;3.7.6.d. Use uniform horizontal and vertical scales;3.7.6.e. Contain a north arrow;3.7.6.f. Use USGS datum as a basis for all elevations;3.7.6.g. Contain a survey grid with a maximum dimension of two hundred (200) feet square based on monuments established in the field which is referenced to state plane coordinates;3.7.6.h. Show original topography and the grid system on plan sheets showing construction, operation, or closure topography; and3.7.6.i. Show survey grid location and reference major plan sheets on all cross-sections. A reduced diagram of a cross-section location plan view map must be included on the sheets with the cross-section.3.7.7. Quality Assurance and Quality Control Plans.The application must include quality assurance and quality control (Q.A./Q.C.) plans to be implemented to assure" conformity of the solid waste facility construction, environmental monitoring, monitoring well development, and provisions for monitoring within applicable standards.
3.7.7.a. The Q.A./Q.C. plans must include a delineation of the quality assurance and quality control management organization, including the chain of command of the Q.A./Q.C. inspectors and contractors;3.7.7.b. The Q.A./Q.C, plans must include a description of the required level of experience and training for the contractor, the contractor's crew, and Q.A./Q.C. inspectors for every major phase of construction. in sufficient detail to demonstrate that the installation methods and procedures required in this rule will be properly implemented; and3.7.7.c. The Q.A./Q.C. plans must include a description of the quality assurance and quality control testing procedures for every major phase of construction. At a minimum, these Q.A./Q.C. procedures must include; 3.7.7.c.A. The frequency of field inspections, field testing, and frequency of sampling for laboratory testing;3.7.7.c.B. The sampling and field testing procedures and any associated equipment to be utilized;3.7.7.c.C. The calibration of field testing equipment;3.7.7.c.D. The frequency of performance audits;3.7.7.c.E. The sampling size;3.7.7.c.F. The soils or geotechnical laboratory to be used;3.7.7.c.G. The laboratory procedures to be utilized;3.7.7.c.H. The calibration of laboratory equipment;3 .7.7.c.I. The laboratory's Q.A./Q.C. procedures ; 3.7.7.c.J. The limits for test failure; and3.7.7.c.K. A description of the corrective procedures to be used upon test failure;3.7.7.d. The Q.A./Q.C. plans must include a description of the quality assurance and quality control sampling and analysis procedures. At a minimum, these Q.A./Q.C. procedures must encompass the sampling procedures and analyses of groundwater, surface water, soil, leachate, and gas required under this rule.3.7.8. Technical Procedures. All technical procedures used to investigate a solid waste facility must be the current standard procedures as specified by the American Society for Testing Materials or by the United States Geological Survey or other equivalent, appropriate methods approved by the director.
3.7.8.a. All technical data submitted in the application must be accompanied by the names of person (s) and/or organization (s) that collected and/or analyzed the data, the dates of the collection, dates of analyses, an analysis of the data, a description of the methodology used to collect and analyze the data, and the chain of custody of any sample taken for analyses.3.7.9. Endangered Species and Historic Sites.The application must include a letter from, the Division of Natural Resources' Section of Wildlife Resources addressing the presence of any endangered or threatened species of .animals or plants in the vicinity of the proposed facility. The application must also include a letter from the West Virginia Division of Culture and History addressing the presence of any historical, scientific, or archaeological areas in the vicinity of the proposed facility.
3.7.10. Bonding and Financial Assurance.Sufficient bond or other type of financial assurance must be submitted to the division in compliance with the provisions of section 3.13 of this rule.
3.7.10.a. The permittee must maintain copies of any required closure, post-closure and corrective action cost estimates in the operating record. A copy of the estimate, or the estimate as amended, must be approved by the director prior to the placement of the estimate in the operating record.3.7.11. Background Investigation Disclosure Statement.The background investigation disclosure statement for a solid waste facility permit must include the name of the applicant or any officer," director, or manager thereof; shareholder owning five percent (5%) or more of its capital stock, beneficial or otherwise; or other person conducting or managing" the affairs of the applicant or the proposed facility and must be submitted to the director .in compliance with section 3.14 of this rule.
3.7.12. Facility Expansion.In an application for an expansion of an existing facility, the effectiveness of the existing design and operation must be discussed. An evaluation of relevant monitoring data and a discussion of all plan modifications and remedial actions must be included in the application. Any significant adverse impacts to the waters of the State or to any endangered or threatened species of .animal or plant that could result from the expansion must also be noted and discussed.
3.7.13. Waste Reduction and Recovery Information.The application must include a discussion of the alternatives to the facility, as well as a description of any waste reduction incentives and recycling services to be instituted or provided with the proposed facility as contained in section 3.7.13 of this rule.
3.7.13.a. Waste Types, Origins, and Quantities.The application must include a brief description of the types, origins, and quantities of household, commercial, industrial, construction/demolition, and other wastes anticipated to be accepted at the existing or proposed facility and a calculation of waste quantities by composition based on state-estimated figures or other data if readily available.
3.7.13.b. Description of Technologies.The application must include a brief description of the technologies and methodologies of waste reduction, reuse, recycling, composting and energy recovery as applicable to the wastes anticipated to be accepted at the proposed facility.
3.7.13.c. Ongoing Program.The application must include a brief description, of any known waste reduction, or recovery programs in the area to be served by the proposed facility that handle the types of waste anticipated to be accepted at the existing or proposed facility, including a description of their potential for expansion.
3.7.13.d. Recommendations.The application must" include a brief description of any recommendations for waste reduction and recovery- in approved area-wide solid waste management plans for all counties in the area to be served by the proposed facility.
3.7.13.e. Current Studies.The application must include a brief description of any waste reduction or recovery studies being conducted for wastes anticipated to be accepted at the proposed facility.
3.7.13.f. Available Recovery Markets.The application must include a description of the nearest available markets for recoverable material from the waste anticipated to be accepted at the proposed facility including:
3.7.13.f.A. Market name and address;3.7.13.f.B. Market requirements for minimum quantities and preparation for deliverable material; and3.7.13.f.C. Prices paid for materials, including both current prices and ranges for the past three (3) years, if available.3.7.13.g. Potential Energy Markets.The application must include a brief description of energy users within the service area capable of using at least twenty-five percent (25%) of the energy available in the waste stream anticipated at the proposed facility or for the energy available from a minimum of twenty-five (25). tons of waste per day, whichever is greater. At a minimum, consideration must be given to both electrical generation and to" steam production.
3.7.13.h. Future Effects.The application must include a brief description of any efforts to be implemented to either assist in the expansion of existing waste reduction and recovery programs or to develop new programs for waste reduction and recovery.
3.7.14. Geotechnical Information.The application must include an analysis of the geologic, hydrogeologic, topographic, and hydrologic features of the facility site that may be favorable or unfavorable for facility development in compliance with the requirements of section 3.8 of this rule.
3.7.15. Identification and Characterization of Potential Borrow Sources.The application must include an identification and characterization of the potential borrow sources as detailed in section 3.12 of this rule.
3.7.16. Proposed Design and Operation.The application must include a proposed design based on conclusions outlined in the construction design section of the application as designated in section 3.10 of this rule. A general discussion of the proposed operating procedures must also be included.
3.7.17. Landfill Liners.The application must include plans, drawings, cross-sections, and specifications for a liner system as designated in section 3.11 of this rule.
3.7.18. Verification of Application.The application must include a notarized signature of a principal officer, or ranking public official, verifying that the information contained in the application is true, complete and accurate to the. best of that individual's knowledge and belief, based upon inquiry.
3.8. General Geologic and Hydrologic Submission Requirements.3.8.1. Site Information.The application must include the following information regarding the potential site:
3.8.1.a. Total acres of area permitted, or to be permitted;3.8.1.b. Total acres of disposal area;3.8.1.c. Planned life of facility;3.8.1.d. Previous existence or present activities of mines or quarries at the site;3.8.1.e. A 7.5 minute USGS topographic map, or an eight and one-half inch by eleven inch (8-1/2" x 11") copy of a portion thereof, showing:3.8.1.e.A. The site and its boundaries;3.8.1.e.B. The area surrounding the site for at least fifteen hundred (1,500) feet beyond the site boundaries;3.8.1.e.C. The name of the USGS quadrangle;3.8.1.e.D. The date of last USGS map revision;3.8.1.e.E. The latitude and longitude of the center of the disposal area; and3.8.1.e.F. The location of the items listed in section 3.8.1.1 of this rule, unless such items are instead shown on the large-scale map;3.8.1.f. A description of the site location;3.8.1.g. A description of the site terrain;3.8.1.h. A description of any title, deed, or usage restrictions affecting the proposed permit area;3.8.1.i. The name of the town nearest to the site;3.8.1.j. The name of the county, or counties in which the site is, or will be located;3.8.1.k. A large-scale map -- with a minimum scale of one inch equal to .two hundred feet (1 inch = 200 feet) and a maximum contour interval of ten (10) feet -- showing the location of the items listed in section 3.8.1.1 of this rule, unless such items are instead shown on the 7.5 minute topographic map;3.8.1.1. Map Inclusions. All of the following which occur either within the site boundaries or within fifteen hundred (1,500) feet of the site boundaries or within the distances specified in sections 3.1 and 3.2 of this rule must be indicated on the large-scale map or the 7.5 minute topographic map or" both;3.8.1.1.A. Water supply wells;3.8.1.1.C. Natural wetlands (e.g., swamps, bogs, marshes);3.8.1.1.E. Public water supplies;3.8.1.1.F. Other bodies of water;.3.8.1.1.G. Underground and surface mines (for underground mines, also indicate the subsidence angle of draw, as applicable) ;3.8.1.1.H. Mine pool (s) and point (s) of discharge;3.8.1.1.I. Mine refuse spoil piles, and any impoundment capabilities;3.8.1.1.J. Quarries or sand and gravel pits;3.8.1.1.K. Gas and oil wells; "3.S.1.1.L. Surface and groundwater quality monitoring points;3.S.1.1.M. Occupied or habitable dwellings;3.8.1.1.0. Power lines, pipelines and other utilities;3.8.1.1.P. Public buildings;3.8.1.1.R. Property boundaries;3.8.1.1.S. Owners of record both surface and subsurface;3.8.1.1.T. Easements or right-of-ways; and3.8.1.1.U. One hundred (100) year floodplain boundary.3.8.1.1.V. All areas prohibited by section 3.1 of this rule, or for which location standards have been established by section 3.2 of this rule.3.8.2. Soils Information.Backhoe test pits or drilled test borings must be employed to determine soil types, characteristics, and conditions. A minimum of four (4) test pits or borings for the first ten (10) or less acres and one (1) test pit or boring for each additional ten (10) or less acres must be excavated or drilled on a uniform grid pattern across each proposed disposal area and each proposed borrow source. Test pits or borings for all solid waste facilities must be located so as to identify all soil types distributed over the site. The applicant must provide the following:
3.8.2.a. A list of each soil series and phase present on the site and each borrow source and soil maps with site and borrow source boundaries as an attachment;3.8.2.b. The soil maps must show the locations of all test pits or borings made to describe soils and determine their depth;3.8.2.c. A description of soil horizons containing seventy-five percent (75%) or more coarse fragments (as per the Unified Soil Classification System) including: 3.8.2.c.A. Minimum thickness of soil to horizons with seventy-five percent (75%) or more coarse fragments;3.8.2.c.B. Soil thickness determination procedures; and3.8.2.c.C. Degree of weathering of coarse fragments.3.8.2.d. Test pit or excavation descriptions including depth to all horizons, color, texture, structure, consistence, depth to and color of any mottles;3.8.2.e. Results of laboratory analyses of soil samples taken from test pits or borings including analyses for grain size, pH, permeability, and Atterberg limits for predominate soil types; and3.8.2.f. A description of the following general soil characteristics; 3.8.2.f.A. Drainage characteristics of soil;3.8.2.f.B. Maximum slopes at the proposed site; and3.8.2.f.C. Shallowest depth from surface to mottling,3.8.2.g. A minimum of four (4) representative samples for the first ten (10) or less acres and one (1) additional sample for each additional ten (10) or less acres must be tested for the relationship of water content to dry density using either the Modified or Standard Proctor method. Each Proctor curve must be developed with a minimum of five (5) points.3.8.2.h. A minimum of twenty percent (2 0%) of the samples used to develop the Proctor curves must be used to evaluate soil permeability. This evaluation must be accomplished by determining the maximum density and optimum moisture through a Proctor test (D-698) and then testing for permeability at a dry density between ninety-five percent (95%) and one hundred percent (100%) of the maximum and within four percent (4%) of optimum moisture.3.8.3. Site Geological Information.A minimum of four (4) test corings must be performed at any landfill site with a permitted surface area of ten (10) or less acres and one (1) additional test coring performed for each additional five (5) acres up to one hundred fifty (150) acres, not to exceed fifteen (15) holes. Any acreage over one hundred fifty (150) acres must require one (1) additional test coring per ten (10) or less acres. Such test corings must be distributed over the entire site area to give an accurate description of subsurface conditions for the area of the site which is intended for use as a landfill. The depth at which coreholes must terminate must be determined by the following: the first coring must be placed in the lowest point of the proposed disturbed area and cored to the uppermost significant aquifer that is to be monitored or corings must penetrate to a minimum depth of one hundred (100) feet in the absence of the aquifer. Upon the completion of drilling, drilling logs for all completed coreholes must be submitted to the director.
3.8.3.a. The site geological analysis must provide the following information:3.8.3.a.A. Sediments.3.8.3.a.A.(a) A notation of the presence of any sedimentary deposits under the proposed site including, but not limited to, colluvial, alluvial, or lacustrine;3.8.3.a.A.(b) A description of the type and texture of unconsolidated materials;3.8.3.a.A.(c) The thickness of unconsolidated materials including the maximum, minimum, and how the thickness was determined procedurally; and3.8.3.a.A.(d) A description of the different formations of unconsolidated materials and the effects of these sediments on potential discharges from the landfill;3.8.3.a.B. Bedrock.3.8.3.a.B.(a) The formations and names;3.8.3.a.B.(b) The lithologies including major lithologic names in the area (e.g., Morgantown, Sandstone, Ames Limestone), must be plotted on the large-scale map;3.8.3.a.B.(c) An indication of all areas where bedrock outcrops within the site and also within fifteen hundred (1,500) feet of the site boundaries on the large-scale map;3.8.3.a.B.(d) A characterization of the degree of bedrock weathering;3.8.3.a.B.(e) The shallowest depth from surface to bedrock; and3.8.3.a.B.(f) For carbonate rock, show any undrained depressions or sinkholes existent on-site or within fifteen hundred (1,500) feet of the site shown on the large-scale map or the 7.5 minute topographic map or both;3.8.3.a.C. Structure.3.8.3.a.C.(a) An indication of all of the following types of fracture zones on-site and within fifteen hundred (1,500) feet of the site boundaries on the large-scale map or the 7.5 minute topographic map or both:3.8.3.a.C.(a)(B) Lineaments;3.8.3.a.C.(a)(C) Joints; and3.8.3.a.C.(b) A description of the influence that these fracture zones have on the movement of infiltrated water and groundwater;3.8.3.a.C.(c) A description of the regional bedrock structures in the area of the site;3.8.3.a.C.(d) A detailed description of the local bedrock structure. Applicants must construct a structural geologic map with a scale of one inch equal to two hundred feet (1 inch = 200 feet) using the structural contour intervals. For bedrock dip at angles of zero to five degrees, contour intervals must be five (5) feet; for angles of five to thirty degrees, contour intervals must be ten (10) feet; and for angles of greater than thirty (30) degrees, contour intervals must be twenty-five (25) feet. The use of intermediate contours in areas of low structural relief for greater detail is required;3.8.3.a.C.(e) A description of folding as it applies to the site including strike and plunge of fold axis and location of the site in relation to the local structure;3.8.3.a.C.(f) The strike and dip of bedding planes;3.8.3.a.C.(g) A description of the joints and fractures including strike, dip, and open joints and a description of the spacing of the joints;3.8.3.a.C.(h) A description of all faults located on or within fifteen hundred (1,500) feet of the site boundaries including the strike and dip of faults and an indication of all faults in the area of the site on a map; and3.8.3.a.C.(i) A minimum of two (2) geologic profiles using bedrock outcrops and corehole information including the vertical exaggeration to adequately illustrate the geology of the site;3.8.3.a.D. Mining.3.8.3.a.D.(a) A notation of the presence of any abandoned, reclaimed, active, and inactive surface mines on the site;3.8.3.a.D.(b) A list of any extractable coal seams beneath the site;3.8.3.a.D.(c) Any abandoned, reclaimed, active or inactive underground mines located on-site or within fifteen hundred (1,500) feet of the site boundaries including minimum depth to mined area, aerial extent of mined area as shown, and type of minerals mined (If coal, give the names of seams.); and3.8.3.a.D.(d) Any mine maps and related information for mined areas under the site or within fifteen hundred (1,500) feet of the site boundaries.3.8.4. Hydrologic Information. The permittee must install a groundwater monitoring system that consists of a sufficient number of wells (a minimum of four {4}) monitoring wells must be installed at appropriate locations and depths, to yield groundwater samples from the uppermost aquifer or the uppermost aquifer at all landfill sites. Monitoring wells -- one (1) upgradient and three (3) downgradient -- must monitor the same aquifer. If previously drilled geologic corings are to be used as monitoring wells and the uppermost significant aquifer has been drilled through, then those holes proposed to monitor groundwater must be plugged from the bottom of the hole to the uppermost significant aquifer with a sodium bentonite grout, then properly screened and cased. 3.8.4.a. Groundwater monitoring wells must meet the following specifications:3.8.4.a.A. All monitoring well casings and screens must be constructed of a minimum of two (2) inch (inner diameter) Schedule 40 polyvinyl chloride (PVC) plastic pipe, or other casing satisfactory to the director. Lengths of pipe must be joined using threaded couplings. Solvent cement must not be used for PVC couplings. Borehole diameter must be a minimum of six (6) inches larger than the PVC casing. If approved by the director, the borehole diameter may be smaller if proven methods are employed to facilitate the emplacement of the filter pack and annular sealant.3.8.4.a.B. The screened interval for monitoring wells must consist of a minimum of ten (10) to a maximum of twenty (20) feet of properly sized, preconstructed, commercially available well screen of the same material and diameter as the casing, or screen as approved by the director. The screen is to have a slot size to enable retainment of eighty-five to one hundred percent (85%-100%) of the filter pack material. The bottom of the screen must be capped. Should the uppermost aquifer thickness exceed twenty (20) feet or be comprised of several hydraulically connected formations, then a cluster of wells or some other type of multiple zone monitoring system may be required at the discretion of the director.3.8.4.a.C. All wells must be sand or gravel-packed (depending on screen size) from the base of the well to a level a minimum of two (2) feet and a maximum of five (S) feet above the top of the screen. An impervious two (2) foot or greater bentonite seal must be installed on top of the gravel packing.3.8.4.a.D. All wells must be continuously grouted from the top of the impervious seal to above the groundwater table. Wells must not be grouted with cement below the potentiometric surface of the uppermost significant aquifer,3.8.4.a.E. From below the frost line, the cap must be composed of concrete (using expanding cement) blending into a four (4) inch thick apron extending three (3) feet or more from the outer edge of the borehole.3.8.4.a.F. Upon completion, all wells must be fully developed and pumped to determine the yield of the well.3.8.4.a.G. The elevation of the top of the well casing must be two (2) to three (3) feet above the elevation of the ground surface.3.8.4.a.H. All wells must be properly tagged with permit number, top of casing elevation, well number, and flagged or otherwise made visible so they can be readily located in the field, and avoided by onsite heavy equipment. A survey mark must be placed on the top of the casing at the point utilized for determining elevation.3.8.4.a.I. All wells must be provided with a means of protection from tampering, vandalism, or damage. At a minimum, protection must be provided by a lockable outer well cap.3.8.4.a.J. In addition to the requirements of section 3.8.4 of this rule, the monitoring system must be installed at appropriate locations and depths, to yield ground-water samples from the uppermost aquifer that:3.8.4.a.J. (a) Represent the quality of background groundwater that has not been affected by leakage from a SWLF.3.8.4.a.J. (b) A determination of the background quality may include sampling of wells that are not hydraulically upgradient of the waste management area where: 3.8.4.a.J. (b)(A) Hydrogeologic conditions do not allow the permittee to determine what wells are hydraulically upgradient; or3.8.4.a.J. (b)(B) Sampling of other wells will provide an indication of the background groundwater quality that is as representative or more representative than that provided by the upgradient wells; and3.8.4.a.J. (b)(C) Represent a quality of groundwater passing the relevant point of compliance specified by the director under section 4.5.4.a.G of this rule.3.8.4.a.J. (b)(D) The downgradient monitoring system must be installed at the relevant point of compliance specified by the director under section 4.5.4.a.G of this rule that ensures detection of groundwater contamination in the uppermost aquifer.3.8.4.a.J. (b)(E) When physical obstacles preclude installation of groundwater monitoring wells at the relevant point of compliance at existing SWLFs, the downgradient monitoring system may be installed at the closest practicable distance hydraulically downgradient from the relevant point of compliance specified by the director that ensure detection of groundwater contamination in the uppermost aquifer.3.8.4.a.K. The permittee may request the director to approve a multi-unit groundwater monitoring system instead of separate groundwater monitoring systems for each SWLF when the facility has several SWLFs, provided the multi-unit groundwater system meets the requirements of section 3.8,4 of this rule and will be as protective of human health and the environment as individual monitoring systems for each SWLF, based on the permittees' compliance with the following factors: 3.8.4.a.K. (a) Number, spacing, and orientation of the SWLFs;3.8.4.a.K. (b) Hydrogeologic setting;3.8.4.a.K. (c) Site history;3.8.4.a.K. (d) Engineering design of the SWLFs, and3.8.4.a.K. (e) Type of waste accepted at the SWLFs.3.8.4.a.L. Monitoring Well Casing Requirements.Monitoring wells must be cased in a manner that maintains the integrity of the monitoring well bore hole. This casing must be screened or perforated and packed with gravel or sand, where necessary, to enable collection of groundwater samples. The annular space (i.e., the space between the bore hole and well casing) above the sampling depth must be sealed to prevent contamination of samples and the groundwater. 3.8.4.a.L. (a) The permittee must notify the director that the design, installation, development, and decommission of any monitoring wells, peizometers and other measurement, sampling, and analytical devices documentation has been placed in the operating record; and3.8.4.a.L. (b) The monitoring wells, peizometers, and other measurement, sampling, and analytical devices must be operated and maintained so that they perform to design specifications throughout the life of the monitoring program.3.8.4.a.M. The number, spacing, and depths of monitoring systems must be:3.8.4.a.M. (a) Determined based upon site-specific technical information that must include through characterization of:3.8.4.a.M. (a)(A) Aquifer thickness, groundwater flow rate, groundwater flow direction including seasonal and temporal fluctuations in groundwater flow; and3.8.4.a.M. (a)(B) Saturated and unsaturated geologic units and fill materials overlying the uppermost aquifer, materials comprising the uppermost aquifer, and materials comprising the confining unit defining the lower boundary of the uppermost aquifer; including, but not limited to: thicknesses, stratigraphy, lithology, hydraulic conductivities, porosities and effective porosities.3.8.4.a.M. (b) Certified by a qualified groundwater scientist and approved in writing by the director. 3.8.4.a.M. (b)(A) Within fourteen (14) days of this certification, the permittee must notify the director that the certification has been placed in the operating record.3.8.4.b. Well Drilling.The method used to drill the groundwater monitoring wells must be described in the application. The latitude and longitude of each well to within plus or minus one second and the USGS datum elevation of the top of each well must be included in the application.
3.8.4.c. Water Table.The maximum and minimum depth to the zone of saturation must be included in the application, along with the following:
3.8.4.c.A. Seasonal water table fluctuations at the above locations and seeps and springs affected by seasonal changes must be described in the application and the source of information must be referenced;3.8.4.c.B. Perched or special water table conditions must be described in the application;3.8.4.c.C. The minimum depth to a perched water table must be provided in the application.3.8.4.c.D. The occurrence of groundwater drainage to underground mines must be determined and, if found, mine discharges must be identified on the large-scale map or the 7.5 minute topographic map or both, as required under section 3.8.1.1 of this rule.3.8.4.d. Groundwater Movement.3.8.4.d.A. A large-scale map (1 inch = 200 feet) showing all groundwater flow directions must be constructed and included in the application. The water table/potentiometric surface must be contoured on this map using an appropriate contour interval.3.8.4.d.B. The approximate rate of groundwater flow and the method used to determine that rate of flow must be provided in the application.3.8.4.d.C. The method used to determine groundwater flow directions must be included in the application,3.8.4.d.D. The location of all groundwater discharge points related to the site must be shown on the large-scale map required under section 3.8.4.d.A of this rule.3.8.4.d.E. If the site is in a groundwater discharge or recharge zone, this fact must be noted in the application.3.8.4.d.F. The rate of groundwater flow at the site and its effects on the operation of the proposed facility must be discussed in the application.3.8.4.e. Groundwater Quality Analyses.The method of sampling; date and results of the analyses of the water sampled from each groundwater monitoring well at the site must be provided in the application. All sampling procedures must be included in the application and approved by the director. Analyses for the constituents listed in Appendix I; the facility permit; or an order by the director and any other parameter(s) specified by the director in writing must be conducted.
3.8.4.f. Surface Water.3.8.4.f.A. The name of the nearest stream to the site and its 7Q10 low flow must be included in the application. Note: "7Q10" means the seven (7) consecutive day drought flow with a ten (10) year return frequency, as defined in section 2 of this rule.
3.8.4.f.B. The surface drainage area of the tributary on which the site is located must be plotted on a map and included in the application.3.8.4.f.C. The estimated peak surface water drainage flow of the tributary on which the site is located for a 25-year, 24-hour storm must be included in the application.3.8.4.f.D. The maximum and minimum of surface slopes of the tributary on which the site is located must be included in the application.3.8.4.f.E. The results of an analysis of water from one (1) grab sample from the nearest stream to the site must be included in the application. This analysis must be performed for the same parameters referenced in section 3.8.4.e of this rule with the addition of total suspended solids.3.8.5. Water Budget.A water budget must be prepared for the periods of time during active operations, when the maximum amount of area has been filled but not capped, and following facility closure at any landfill site. At a minimum, the following factors must be considered in the preparation of the water budget:
3.8.5.a. Average monthly temperature;3.8.5.b. Average monthly precipitation;3.8.5.d. Evapotranspiration;3.8.5.e. Surface slope and topsoil texture;3.8.5.f. Soil moisture holding capacity and root zone depth;3.8.5.g. Runoff coefficients;3.8.5.h. Moisture contribution from the waste; and3.8.5.i. Any groundwater contribution.3.8.6. Liners and Leachate Collection System Efficiency.The collection efficiency of the leachate collection system at the landfill must be calculated using an approved analytical or numerical method. The factors to be considered in the calculation of collection efficiency must include:
3.8.6.a. The saturated hydraulic conductivity of the liner;3.8.6.b. Liner thickness;3.8.6.c. The saturated hydraulic conductivity of the drainage blanket;3.8.6.d. Drainage blanket porosity;3.8.6.e. The base slope of the liner;3.8.6.f. The maximum flow distance across the liner;3.8.e.g. Annual infiltration; and3.8.6.h. Any groundwater inflow.3.8.7. Leachate Generation.Information gained from the collection efficiency calculations must be used to predict the daily volume of leachate collected from the landfill.
3.8.8. Waste and Leachate Characterization.3.8.8.a. Industrial Wastes.Unless otherwise approved, the physical and chemical characteristics of all wastes and leachates must be analyzed and described. When more than one waste is generated, testing shall be performed on each waste stream. All leaching tests must be done in accordance with published test procedures. Physical tests must be done in accordance with ASTM standards or published test procedures. All testing procedures must be documented. The proposed testing program -- including the leaching test method, the leaching media, the parameters to be analyzed for, and the detection limits for each parameter specified -- must be discussed with the director prior to initiation of the work. Actual field leachate data may be substituted for chemical characterization data of the waste at facilities for the disposal of industrial wastes, but only if approved in writing by the director.
3.8.8.b. Municipal Wastes.Actual field leachate data from existing facilities of similar size, design, and waste type or an estimate of the anticipated leachate quality available from other sources must be included for all facilities for the disposal of municipal solid waste.
3.8.9. Liquid and Non-Liquid Waste Storage.All solid waste storage tanks, containers, liquid waste storage tanks and surface impoundments located at solid waste facilities are subject to regulation under section 3.8.9 of this rule.
3.8.9.a. An application for a permit to construct and operate a solid waste facility which includes a waste storage area must contain the following:3.8.9.a.A. A description of the non-liquid or liquid waste to be stored;3.8.9.a.B. The estimated volume of the non-liquid or liquid waste generated and a proposed recordkeeping system to record actual quantities stored;3.8.9.a.C. A schedule of stored waste removal;3.8.9.a.D. A description of the final treatment and disposal of the stored waste; and3.8.9.a.E. A description of the storage facility design.3.11. Landfill Liners.3.11.1. Performance Standards.The application must contain plans, drawings, cross-sections, and specifications for a liner system to demonstrate compliance with performance standards and other requirements of this rule, including, but not limited to section 4.5,4 of this rule, and including the following:
3.11.1.a. The design of the liner system;3.11.1.b. The thickness and characteristics of the subbase;3.11.1.c. The thickness and characteristics of the leachate detection zone;3.11.1.d. The design for the leachate monitoring system in the leachate detection zone;3.11.1.e. The nature and thickness of the liner material;3.11.1.f. The thickness and characteristics of the leachate collection zone;3.11.1.g. The design for the leachate collection system in the collection zone;3.11.1.h. The thickness and characteristics of the protective cover; and3.11.1.i. A plan for installing the liner system,3.11.2. Q.A./Q.C. Plan.The application must include a quality assurance and quality control (Q.A./Q.C.) plan for the construction and installation of the liner system. At a minimum, the Q.A./Q.C. plan must include:
3.11.2.a. A description of the testing procedures and construction methods proposed to be implemented during construction of the liner system;3.11.2.b. A description of the manner in which the protective cover and liner system will be maintained and protected in unfilled portions of the disposal area prior to and during placement of the initial lift of solid waste; and3.11.2.C. A description of the manner in which the protective cover and liner system will be protected from weather prior to and during placement of the initial lift of solid waste.3.11.3. Leachate Considerations.The application must demonstrate that leachate will not adversely affect the physical or chemical characteristics of the proposed liner system, or inhibit the liner's ability to restrict the flow of solid waste, solid waste constituents or leachate, based on the most recent edition of EPA Method 9090, Compatibility Test for Wastes and Membrane Liners, or other documented data,
3.13. Bonding and Financial Assurance for Solid Waste Facilities.The mechanisms used to demonstrate financial assurance under this section must ensure that the funds necessary to meet the costs of closure, post-closure care, and corrective action for known releases will be available whenever they are needed, and include the requirements of sections 3.13.14, 3.13.15 and 3.13.16 of this rule, and
3.13.1. Requirements for Commercial Solid Waste Facilities.Note; Non-commercial solid waste facilities are exempt from the requirements of section 3.13 of this rule.
3.13.1.a. The director will not approve a new, reissued, renewed, or modified permit for a commercial solid waste facility unless the applicant first submits to the director a bond or other form of financial assurance, as applicable, in accordance with this rule and the bond or other form of financial assurance is approved by the director.3.13.1.b. The bond or financial assurance must be submitted after the application is approved but before the permit, modification, transfer, assignment, or other permitting function is approved or issued. No permit will be issued until the bond or financial assurance is approved by the director and is in full force and effect.3.13.1.c. A person who holds a valid division permit to conduct a commercial solid waste activity but wishes to modify, transfer, assign, or perform any other permitting function must comply with section 3.13.1.b of this rule, on the effective date of this section must file a bond or other type of financial assurance with the director prior to receiving the approval of the director for the permit, modification or other permitting function as required under this rule.3.13.1.d. Applicability.The requirements of this section apply to permittees of all SWLFs, except as provided in section 3.13.1. The requirements of this section are effective on the date specified in 40 CFR Part 258 Section 70(b), as amended. If a state or federal government entity should become a permittee in the State of West Virginia, they will be exempt from the requirements of this section, since their debts and liabilities are the debts and liabilities of the state or the United States.
3.13.2. General Bonding and Financial Assurance Requirements.3.13.2.a. All forms of financial assurance and bonds must be submitted under the requirements of this rule on a form prepared and furnished by the director, must be made payable to the State of West Virginia, and must provide for continuous liability from the initiation of operations at the facility for the full term of the permit and for at least thirty (30) years after final closure of the permit site. Any further time period required to achieve compliance with the requirements of the closure plan of the permit or other requirements of the division must be considered an additional liability period. 3.13.2.a.A. The use of any of the mechanisms listed in section 3.13 of this rule, must ensure the satisfaction of the following criteria:3.13.2.a.A. (a) That the amount of funds assured is sufficient to cover the costs of closure, post-closure care, and corrective action for known releases when needed;3.13.2.a.A. (b) That funds will be available in a timely fashion when needed;3.13.2.a.A. (c) The financial assurance mechanism(s) must in full force and effect be by the effective date of these requirements or prior to the initial receipt of solid waste, whichever is later, in the case of closure and post-closure care, and no later than 12 0 days after the corrective action remedy has been selected in accordance with the requirements of section 4.11.7 of this rule, until the permittee is released from the financial assurance requirements under sections 3.13.14, 3.13.15, and 3.13.16 of this rule,3.13.2.a.A. (d) The financial assurance mechanisms must be legally valid, binding, and enforceable under state and federal law.3.13.2.b. If a permit applicant elects to offer a certificate or securities as a form of financial assurance or bond, then the cash deposit or market value of such securities or certificates must be equal to or greater than the sum of the bond.3.13.2.c. All forms of financial assurance or bonds must be conditioned on compliance with the Solid Waste Management Act, any rules promulgated thereunder, orders issued by the director, and the terms and conditions of the permit.3.13.2.d. All forms of financial assurance or bonds will be reviewed for legality and form in accordance with established division procedures.3.13.2.e. All forms of financial assurance, or bonds will be placed with the state treasurer to be held in the name of the state in trust for the purpose for which the deposit is made when the permit is issued.3.13.2.f. With the director's permission, the permittee may remove the deposit if it is first replaced with an equivalent or greater deposit.3.13.2.g. If for any reason a permittee fails to maintain proper financial assurance or bonding, the director will issue a cease and desist order and revoke the permit and the permittee becomes fully liable for the amount of the bond.3.13.2.h. The penal sum of any financial assurance must be in an amount at least equal to the sum of the current closure, post-closure care and/or corrective action cost estimate; as applicable.3.13.3. Other Allowable Mechanisms of Financial Assurance or Bonding.3.13.3.a. The director will accept the following types of financial assurance or bonding: 3.13.3.a.A. A surety bond;3.13.3.a.B. A collateral bond {including cash and securities);3.13.3.a.B. (a) Cash deposits;3.13.3.a.B. (b) Collateral securities;3.13.3.a.B. (c) Certificates, including; 3.13.3.a.B. (c)(A) Bonds of the United States or its possessions;3.13.3.a.B. (c)(B) Bonds of the Federal Land Bank;3.13.3.a.B. (c)(C) Bonds of the Homeowners Loan Corporation;3.13.3.a.B. (c)(D) Full Faith and General Obligation bonds of the State of West Virginia or other states and of any West Virginia county, district, or municipality, or of other states;3.13.3.a.C. Escrow Account. An escrow account;3.13.3.a.D. Collateral bonds; including;3.13.3.a.D. (a) Letters of credit;3.13.3.a.D. (b) Certificates of deposit; and3.13.3.a.D. (c) Negotiable bonds.3.13.3.a.E. Performance bonding fund participation (as established by the director);3.13.3.a.G. State-Approved Mechanism (Reserved)3.13.3.a.H. State Assumption of Responsibility (Reserved).3.13.3.a.I. Use of Multiple Financial Mechanisms.3.13.4. Special Terms and Conditions for Surety Bonds Guaranteeing Payment or Performance.A permittee may demonstrate financial assurance for closure, post-closure care, or corrective action by obtaining a payment or performance surety bond which conforms to the requirements of this section.
3.13.4.a. The director will not accept the bond of a surety company that has failed, or unduly delayed, as determined by the director, in making payment on a forfeited surety bond. 3.13.4.a.A. The surety company issuing the bond must, at a minimum, be among those listed as acceptable sureties on Federal bonds in Circular 570 of the U.S. Department of the Treasury.3.13.4.b. The director will accept only the bond of a surety authorized to do business in this state when the surety bond is signed by an appropriate official of the surety as determined by the director. If the principal place of business of the surety is outside of this state, the surety bond must also be signed by an authorized resident agent of the surety.3.13.4.c. The bond must provide that full payment will be made under the bond within thirty (30) days of receipt of the division's declaration of forfeiture by the surety.3.13.4.d. The director will not accept surety bonds from a surety company when the total bond liability to the division for bonds filed by the permittee, the principal and related parties exceed the surety company's single risk limit. 3.13.4.d.A. Under the terms of the bond, the surety may cancel the bond by sending notice of cancellation by certified mail to the permittee and to the director 12 0 days in advance of cancellation. 3.13.4.d.A.(a) If the surety cancels the bond, the permittee must obtain alternative financial assurance as specified in this section.3.13.4.d.A.(b) The permittee may cancel the bond only if alternative financial assurance is substituted as specified in this section or if the permittee is no longer required to demonstrate financial responsibility in accordance with sections 3.13.14.b, 3.13.15.b, or 3.13.16.b of this rule.3.13.4.e. The bond must provide that the surety and the principal are jointly and severally liable for payment of the bond amount.3.13.4.f. Surety Bond Forfeiture.3.13.4.f.A. The director will provide in the bond that the amount must be confessed to judgment and execution upon forfeiture.3.13.4.f.B. Any surety bond obtained by the permittee must state that the surety will become liable on the bond obligation should the permittee fail to perform as guaranteed by the bond.3.13.4.g. The division will retain, during the term of the bond, and upon forfeiture of the bond, a property interest in the surety's guarantee of payment under the bond which may not be affected by the bankruptcy, insolvency, or other financial incapacity of the permittee or principal on the bond.3.13.4.h. The bond must provide that the surety will give written notice to the principal and the division within ten (10) days of a notice received or an action filed by or with a regulatory agency having jurisdiction over the surety alleging one of the following: 3.13.4.h.A. The insolvency or bankruptcy of the surety.3.13.4.h.B. Violations of regulatory requirements applicable to the surety, when as a result of the violations, suspension or revocation of the surety's license to do business in this state or another state is under consideration by the regulatory agency.3.13.4.i. Surety Bonds for Corrective Action, Closure and Post-Closure Care.3.13.4.i.A. A permittee may demonstrate financial assurance for corrective action, closure and post-closure care by obtaining a performance bond which conforms to the requirements of this section.3.13.4.i.B. A bond for corrective action must be effective before the initial receipt of waste, or before the effective date of this rule, whichever is later.3.13.4.i.C. A bond for closure or post-closure care, must be effective no later than 12 0 days after the corrective action remedy has been selected in accordance with the requirements of section 4.11.7.3.13.4.j. Standby Trust Fund.3.13.4.j.A. As provided in part 3.13.4.J. of this rule, the permittee must establish a standby trust fund.3.13.4.j.B. The standby trust fund must meet the requirements of section 3.13 of this rule, except the requirements for initial payment and subsequent annual payments specified in section 3.13.11.a of this rule.3.13.4.k.B. Payments made under the terms of the bond will be deposited by the surety directly into the standby trust fund.3.13.4.k.C. Payments from the trust fund must be approved by the trustee.3.13.5. General Terms and Conditions for Collateral Bonds.3.13.5.a. The applicant may submit a collateral bond in one or more of the following forms: 3.13.5.a.A. Cash deposits.3.13.5.a.B. Certified checks, cashier's checks, or treasurer's checks which are issued, drawn on or certified by a bank or banking institution authorized to do business in this state.3.13.5.a.C. Automatically renewable and assignable certificates of deposit from banks or banking institutions authorized to do business in this state.3.13.5.a.D. Automatically renewable, irrevocable standby letters of credit from banks or banking institutions authorized to do business in this state.3.13.5.a.E. Negotiable bonds of the United States Government; the Federal Land Bank; the Homeowners Loan Corporation; and Full Faith and General Obligation bonds of the State of West Virginia or other states, and of any West Virginia county, district, municipality, or of other states.3.13.5.b. The market value of the collateral deposited must be at least equal to or greater than the sum of the required bond amount,3.13.5.c. The director will place collateral submitted under this rule with the state treasurer, who is responsible for its custody and safe keeping until released or collected and deposited in an appropriate fund designated by the director.3.13.5.d. Collateral must be in the name of the permittee, and pledged and assigned to the state free and clear of claims or rights. The pledge or assignment must vest in the state a property interest in the collateral which must remain until released under the terms of this rule, and may not be affected by the bankruptcy, insolvency, or other financial incapacity of the permittee.3.13.5.e. The state will ensure that its ownership rights to collateral deposited are established to make the collateral readily available to the state upon forfeiture. The director may require proof of ownership, and other means such as secondary agreements, as he or she deems necessary to meet the requirements of this rule. If the director determines that collateral deposited does not meet the requirements of this rule, he or she may take action under the law to protect the state's interest in the collateral.3.13.6. Collateral Bonds; Escrow.3.13.6.a. The director may authorize the permittee to establish an escrow account deposited in one or more federally-insured accounts payable on demand only to the director, or directly deposited with the director.3.13.6.b. Escrow funds deposited in federally-insured accounts must not exceed the maximum insured amount under applicable federal insurance programs such as the Federal Deposit Insurance Corporation (F.D.I.C.) or the Federal Savings and Loan Insurance Corporation (F.S.L.I.C.).3.13.6.c. Interest paid on an escrow account must be retained in the escrow account and applied to the bond value of the escrow account unless the director has approved that the interest be paid to the permittee. In order to qualify for interest payment, the permittee must request such action in writing during the permit application process.3.13.7. Collateral Bonds; Letters of Credit.A permittee may satisfy the requirements of this section by obtaining an irrevocable standby letter of credit which conforms to the requirements of this section.
3.13.7.a. Bank letters of credit submitted as collateral for collateral bonds are subject to the following conditions: 3.13.7.a.A. The letter of credit must be a standby or guarantee letter of credit issued by a federally-insured or equivalently protected bank or banking institution authorized to do business in this State. The letter of credit may not be issued without a credit analysis substantially equivalent to a credit analysis applicable to a potential borrower in an ordinary loan situation. A letter of credit so issued must be supported by an applicant's unqualified obligation to reimburse the issuer for monies paid under the letter of credit.3.13.7.a.B. The letter of credit must be irrevocable, and must be so designated. The letter of credit must be issued for a period of at least one year in an amount at least equal to the current cost estimate for closure, post-closure care or corrective action, whichever is applicable, except as provided in section 3.13.11.a of this rule. 3.13.7.a.B.(a) The letter of credit must provide that the expiration date will be automatically extended for a period of at least one year unless the issuing institution has canceled the letter of credit by sending notice of cancellation by certified mail to the permittee and to the director 90 days in advance of cancellation.3.13.7.a.B.(b) If the letter of credit is canceled by the issuing institution, the permittee must obtain alternative financial assurance or bonding,3.13.7.a.B.(c) The permittee may cancel the letter of credit only if alternative financial assurance or bonding is substituted as specified in this section or if the permittee is released from the requirements of this section in accordance with sections 3.13.14.b, 3.13.15.b, or 3.13.16.b of this rule.3.13.7.a.B.(d) A letter from the permittee referring to the letter of credit by number, issuing institution, and date, and providing the following information: name, and address of the facility, and the amount of funds assured, must be included with the letter of credit in the operating record.3.13.7.a.C. The director may not accept letters of credit issued for an applicant when the amounts of the letter of credit, aggregated with other loans and credits extended to the applicant, exceeds the issuer's legal lending limit for that applicant as defined in the United States Banking Code ( 12 U.S.C. §§21 - 220 ).3.13.7.a.D. Letters of credit must name the West Virginia Division of Environmental Protection as beneficiary and must be payable to the division upon demand, in part or in full, upon presentation of the division's drafts, at sight. The division's right to draw upon the letter of credit does not require documentary or other proof by the division that the applicant has violated the conditions of the bond, the permit, or another requirement.3.13.7.a.E. The director will not accept letters of credit from a bank which has failed or delayed in making payment on a letter of credit previously submitted as collateral to the division.3.13.7.b. The director will not accept letters of credit from a bank for any person, for all permits held by that person, in excess of three (3) times the company's maximum single obligation as provided by state law.3.13.7.c. The director will provide in the indemnity agreement that the amount will be confessed to judgement upon forfeiture.3.13.7.d. The letter of credit must provide that:3.13.7.d.A. The bank will give prompt notice to the permittee and the director of any notice received or action filed alleging the insolvency or bankruptcy of the bank, or alleging any violations of regulatory requirements which could result in suspension or revocation of the bank's charter or license to do business.3.13.7.d.B. In the event the bank becomes unable to fulfill its obligations under the letter of credit for any reason, notice must be given immediately to the permittee and the director.3.13.7.d.C. Upon the incapacity of a bank by reason of bankruptcy, insolvency, suspension or revocation of its charter or license, the permittee must be deemed to be without bond coverage. The director must issue an order against any operator who is without bond coverage. The notice will specify the period within which bond coverage must be replaced. If the permittee cannot replace the bond within the specified period of time, then the director must immediately revoke the permit. The permittee will be fully liable for the amount of the bond coverage,3.13.7.d.D. The estimated bond value of all collateral posted as bond assurance will be subject to a margin bond value to market value ratio as determined by the director. This margin will reflect legal and liquidation fees, as well as value depreciation, marketability and fluctuations which might affect the net cash available to the director in performing closure or other remedial measures. The bond value of collateral may be evaluated at any time, but must be evaluated as part of permit renewal. In no case may the bond value exceed the market value.3.13.7.e. The issuing bank must waive the rights of setoff or liens which it has or might have against the letter of credit.3.13.7.f. If the director collects an amount under the letter of credit due to failure of the permittee to replace the letter of credit after demand by the director, the division will hold the proceeds as cash collateral.3.13.7.g. After the letter of credit is approved by the director, the permittee must retain a copy of the letter of credit in the facility operating record.3.13.7.h. The letter of credit must be effective before the initial receipt of waste or before the effective data of this section, whichever is later, in the case of closure and post-closure care, or no later than 120 days after the corrective action remedy has been selected in accordance with the requirements of section 4.11.7 of this rule.3.13.7.i. The issuing institution must be an entity which has the authority to issue letters of credit and whose letter-of-credit operations are regulated and examined by a federal or state agency.3.13.8. Collateral Bonds; Certificates of Deposit.3.13.8.a. Certificates of deposit submitted as collateral for collateral bonds are subject to the following conditions: 3.13.8.a.A. The certificates of deposit must be made payable to the division or the permittee and the division and must be assigned to the division by the permittee, in writing, as required by the director and on forms provided by the director. The assignment must be recorded upon the books of the bank issuing the certificate.3.13.8.a.B. The certificate of deposit must be issued by a federally-insured or equivalently protected bank or banking institution which is authorized to do business in this state.3.13.8.a.C. The director will not accept certificates of deposit from a bank or banking institution when the accumulated total of certificates of deposit issued by the bank or banking institution for the operator is in excess of one hundred thousand dollars ($100,000), or the maximum insurable amount as determined by the F.D.I.C. or the F.S.L.I.C., if the banking institution is insured by the F.D.I.C. or F.S.L.I.C. If it is insured by an equivalent method administered by the state, similar limits apply.3.13.8.a.D. The certificate of deposit must state that the bank issuing it waives the rights or setoff or liens which it has or might have against the certificate.3.13.8.a.E. The certificate of deposit must be automatically renewable and fully assignable to the state. Certificates of deposit must state on the face that they are automatically renewable.3.13.8.a.F. The permittee must submit certificates of deposit in amounts which will allow the division to liquidate the certificates prior to maturity, upon forfeiture, for the full amount of the bond determined in accordance with and required by this rule, without penalty to the division.3.13.8.a.G. The director will not accept certificates of deposit from banks which have failed or unduly delayed in making payment on certificates of deposit which have previously been submitted as collateral to the division,3.13.8.a.H. The permittee is not entitled to interest accruing after forfeiture is declared by the division, unless and until the forfeiture declaration is ruled invalid by a court having jurisdiction over the division, and the ruling is final.3.13.9. Collateral Bonds; Negotiable Bonds.3.13.9.a. Negotiable bonds submitted and pledged as collateral for collateral bonds are subject to the following conditions:3.13.9.a.A. The director may determine the current market value of governmental securities for the purpose of establishing the value of the securities for bond deposit.3.13.9.a.B. The current market value must be at least equal to the amount of the required bond.3.13.9.a.C. The division may periodically revalue the securities and may require additional amounts if the current market value is insufficient to satisfy the bond amount requirements for the facility.3.13.9.a.D. The permittee may request and receive the interest accruing on governmental securities with the division as the same becomes due and payable. No interest will be paid for post-forfeiture interest accruing during appeals and after resolution of the appeals, when the forfeiture is adjudicated, decided, or settled in favor of the state.3.13.10. Use of Multiple Mechanisms3.13.10.a. The director may accept financial assurance or bond which is comprised of more than one financial mechanism per facility, as listed in this rule, except that it is the combination of mechanisms, rather than the single mechanism, which must provide financial assurance for an amount at least equal to the current cost estimate for closure, post-closure care or corrective action, whichever is applicable. 3.13.10.a.A. The instruments chosen must be construed as part of the entire bond for the facility.3.13.10.a.B. The director may refuse to accept the bond if he or she determines that the financial guarantee of the bond is unacceptable, or for another reason does not meet the purposes of the Act, this rule, or orders of the director.3.13.10.a.C. The financial test and a guarantee provided by a corporate parent, sibling, or grandparent may not be combined if the financial statements of the two firms are consolidated.3.13.11. Other Forms of Bonding, Other forms of bonding including, but not limited to; 3.13.11.a. Trust Fund.3.13.11.a.A. A permittee may satisfy the requirements of this section by establishing a trust fund which conforms to the requirements of this section.3.13.11.a.A. (a) The trustee must be an entity which has the authority to act as a trustee and whose trust operations are regulated and examined by a federal or state agency.3.13.11.a.A. (b) A copy of the trust agreement must be placed in the facility's operating record,3.13.11.a.B. Payment into the trust fund must be made annually by the permittee over the term of the initial permit or over the remaining life of the SWLF, whichever is shorter, in the case of a trust fund for closure or post-closure care, or over one-half of the estimated length of the corrective action program in the case of corrective action for known releases. This period is referred to as the pay-in period.3.13.11.a.C. For a trust fund used to demonstrate financial assurance for closure and post-closure care, the first payment into the trust fund must be at least equal to the current cost estimate for closure and post-closure care, except as provided in section 3.13.11.c of this rule, divided by the number of years in the corrective action pay-in period as defined in section 3.13.11.a.B of this section.3.13.11.a.D. The amount of subsequent payments must be determined by the following formula: Next Payment = CF-CV Y
where CE is the current cost estimate for closure or post-closure care (updated for inflation or other changes), CV is the current value of the trust fund, and Y is the number of years remaining in the pay-in period.
3.13.11.a.E. For a trust fund used to demonstrate financial assurance for corrective action, the first payment into the trust fund must be at least equal to one-half of the current cost estimate for corrective action, except as provided in section 3.13.11.c of this rule, divided by the number of years in the corrective action pay-in period as defined in section 3.13.11.a.B of this rule. 3.13.11.a.E. (a) The amount of subsequent payments must be determined by the following formula: Next Payment = RB-CV
Y
where RB is the most recent estimate of the required trust fund balance for corrective action (i.e., the total costs that will be incurred during the second half of the corrective action period), CV is the current value of the trust fund, and Y is the number of years remaining in the pay-in period,
3.13.11.a.F. The initial payment into the trust find must be made before the initial receipt of waste or before the effective data of section 40 CFR Part 258.70(b), whichever is later, in the case of closure and post-closure care, or no later than 12 0 days after the corrective action remedy has been selected in accordance with the requirements of section 4.11.7 of this rule.3.13.11.a.G. If the permittee establishes a trust fund after having used one or more alternative mechanisms specified in this section, the initial payment into the trust fund must be at least the amount that the fund would contain if the trust fund were established initially and annual payments made according to the specifications of section 3.13.11 of this rule.3.13.11.a.H. The permittee, or other person authorized to conduct closure, post-closure care, or corrective action activities may request reimbursement from the trustee for these expenditures.3.13.11.a.H. (a) Requests for reimbursement will be granted by the trustee only if sufficient funds are remaining in the trust fund to cover the remaining costs of closure, post-closure care, or corrective action, and if justification and documentation of the cost is placed in the operating record.3.13.11.a.H. (b) The permittee must notify the director that the documentation of the justification for reimbursement has been placed in the operating record and that reimbursement has been received.3.13.11.a.I. The trust fund may be terminated by the permittee only if the permittee substitutes alternative financial assurance as specified in this section or if he or she is no longer required to demonstrate financial responsibility in accordance with the requirements of sections 3.13.14.b, 3.13.15.b, or 3.13.15.b of this rule,3.13.11.b. State-Approved Mechanism. (Reserved)3.13.11.c. State Assumption of Responsibility. (Reserved)3.13.12. Replacement of Existing Bond.3.13.12.a. The director may allow a permittee to replace an existing surety or collateral bond with another surety or collateral bond, if the liability which has accrued against the bond, the permittee and the facility is transferred to the replacement bond. The replacement bond must include an endorsement by the permittee acknowledging the retroactivity of the liability to the date of issue of the original solid waste permit or a prior date determined by the director. The bond amount for this replacement bond will be determined under this rule, but may not be less than the amount on deposit with the division.3.13.12.b. The division will not release existing bonds until the permittee has submitted and the director has approved acceptable replacement bonds that are in full force and effect. A replacement of bonds under section 3.13.12 of this rule does not constitute a release of bond under this rule.3.13.13. Bond Amounts.3.13.13.a. In accordance with the provisions of W. Va. Code § 22-15-12, all permits must be bonded for at least ten thousand dollars ($10,000), or a sufficient amount to satisfy all of the requirements of this rule, whichever is the higher amount.3.13.14. Financial Assurance for Closure.3.13.14.a. The permittee must have a detailed written estimate, in current dollars, of the cost of hiring a third party to close the largest area of all SWLFs ever requiring a final cover as required under section 6 of this rule at any time during the active life in accordance with the closure plan.3.13.14.a.A. The permittee must notify the director in writing of that estimate and maintain a copy in the operating record.3.13.14.a.A. (a) The cost estimate must equal the cost of closing the largest area of all SWLFs ever requiring a final cover at any time during the active life when the extent and manner of its operation would make closure the most expensive, as indicated by its closure plan (see section 6.I.5.C.A.(b) of this rule).3.13.14.a.A. (b) During the active life of the SWLF, the permittee must annually adjust the closure cost estimate for inflation.3.13.14.a.A. (c) The permittee must increase the closure cost estimate and the amount of financial assurance provided under sections 3.13.14.a.A.(b) and 3.13.14.b of this rule, if changes to the closure plan or SWLF conditions increase the maximum cost of closure at any time during the remaining active life.3.13.14.a.A. (d) The permittee may reduce the closure cost estimate and the amount of financial assurance provided under sections 3.13.14.b and 3.13.14.b.A of this rule, if the cost estimate exceeds the maximum cost of closure at any time during the remaining life of the SWLF. 3.13.14.a.A. (d)(A) The permittee must notify the director that the justification for the reduction of the closure cost estimate and the amount of financial assurance has been placed in the operating record.3.13.14.b. The permittee of each SWLF's operating record must establish financial assurance for closure of the SWLF in compliance with section 3.13 of this rule. 3.13.14.b.A. The permittee must provide continuous coverage for closure until released from financial assurance requirements by demonstrating compliance with section 6 of this rule.3.13.15. Financial Assurance for Post-Closure Care.3.13.15.a. The permittee must have, at all times, a detailed written estimate, in current dollars, of the cost of hiring a third party to conduct post-closure care for the SWLF in compliance with the post-closure plan developed under section 6,3 of this rule. 3.13.15.a.A The post-closure cost estimate used to demonstrate financial assurance in sections 3.13.15.b and 3.13.15.b.A of this section must account for the total costs of conducting post-closure care, including annual and periodic costs as described in the post-closure plan over the entire post-closure care period. The permittee must notify the director that a copy of the estimate has been placed in the operating record.3.13.15.a.A. (a) The cost estimate for post-closure care must be based on the most expensive costs of post-closure care during the post-closure care period,3.13.15.a.A. (b) During the active life of the SWLF and during the post-closure care period, the permittee must annually adjust the post-closure cost estimate for inflation,3.13.15.a.A. (c) The permittee must increase the post-closure care cost estimate and the amount of financial assurance provided under sections 3.13.15.b and 3.13.15.b.A of this rule, if changes in the post-closure plan or SWLF conditions increase the maximum costs of post-closure care,3.13.15.a.A. (d) The permittee may reduce the post-closure cost estimate and the amount of financial assurance provided under section 3.13.15.b of this rule, if the cost estimate exceeds the maximum costs of post-closure care remaining over the post-closure care period.3.13.15.a.A. (d)(A) The permittee must notify the director and receive written approval of the director of the justification for the reduction of the post-closure cost estimate and the amount of financial assurance prior to placing these documents in the operating record,3.13.15.b. The permittee of each SWLF must establish, in a manner in accordance with section 3.13.15 of this rule, financial assurance for the costs of post-closure care as required under section 6.3 of this rule.3.13.15.b.A. The permittee must provide continuous coverage for post-closure care until released from financial assurance requirements for post-closure care by demonstrating compliance with section 6.3.7.a of this rule.3.13.16. Financial Assurance for Corrective Action.3.13.16.a. A permittee of a SWLF required to undertake a corrective action program under section 4.11.7 of this rule must have a detailed written estimate, in current dollars, of the cost of hiring a third party to perform the corrective action in accordance with the program required under section 4.11.7 of this rule. 3.13.16.a.A. The corrective action cost estimate must account for the total costs of corrective action activities as described in the corrective action plan for the entire corrective action period.3.13.16.a.A. (a) The permittee must notify the director that the estimate has been placed in the operating record.3.13.16.a.B. The permittee must annually adjust the estimate for inflation until the corrective action program is completed in accordance with section 4.11.7.f of this rule.3.13.16.a.C. The permittee must increase the corrective action cost estimate and the amount of financial assurance provided under section 3.13.16.b of this rule, if changes in the corrective action program or SWLF conditions increase the maximum costs of corrective action.3.13.16.a.D. The permittee may reduce the amount of the corrective action cost estimate and the amount of financial assurance provided under section 3.13.16.b of this rule, if the cost estimate exceeds the maximum remaining costs of corrective action. 3.13.16.a.D. (a) The permittee must notify the director that the justification for the reduction of the corrective action cost estimate and the amount of financial assurance has been placed in the operating record.3.13.16.b. The permittee of each SWLF required to undertake a corrective action program under section 4.11.7 of this rule must establish, in a manner in accordance with section 3.13 of this rule, financial assurance for the most recent corrective action program. 3.13.16.b.A. The permittee must provide continuous coverage for corrective action until released from financial assurance requirements for corrective action by demonstrating compliance with sections 4.11.7.f and 4.11.7.g of this rule.3.14. Background Investigation Disclosure Statement.3.14.1. Applicability.Every applicant for a solid waste facility permit must file a background investigation disclosure statement with the director at the time the initial application is filed, unless exempt from such disclosure under the provisions of section 3.14.4 of this rule.
3.14.2. Copies and Fees.Background investigation disclosure statements must be filed by submitting a notarized original and one (1) certified copy of all papers and other applicable documents, to the director accompanied by a nonrefundable investigation fee in accordance with the schedule of fees in Appendix IV to this rule.
3.14.2.a. Additional certified copies of background investigation disclosure statements, or any portions thereof, must be supplied upon the request of the director.3.14.2.b. Within sixty (60) days of receipt of a background investigation disclosure statement from a permit applicant, the director must advise the permit applicant if the background investigation disclosure statement is incomplete on its face, and must specify what additional information is required.3.14.3. Fingerprinting Requirements.Any applicant required to be listed in the background investigation disclosure statement, must be fingerprinted for identification and investigation purposes in accordance with procedures established by the director.
3.14.3.a. Completed fingerprint cards must be supplied by the applicant with the background investigation disclosure statement, when submitted. The applicant must arrange for the taking of fingerprints.3.14.3.b. Fingerprints must be taken and verified by an employee of a police agency authorized to take fingerprints, Note: Most local police departments and state police will provide this service. (Some charge a fee).
3.14.4.Exemptions.The following persons are exempted from the requirement to submit a background investigation disclosure statement:
3.14.4.a. Any person who is an employee of any department, division, agency, commission or authority of the federal, state, county, or municipal government or agency thereof.3.14.4.b. Any person whose application or permit is solely for a Class E, or Class F facility.3.14.5. Contents of Background Investigation Disclosure Statement.The background investigation disclosure statement must be filed on forms supplied by the director and must be completed in accordance with W. Va. Code § 22-15-5 and include the following:
3.14.5.a. The applicant or any officer, director, or manager, any shareholder owning five percent (5%) or more of its capital stock, beneficial or otherwise including ultimate parent corporations, and any other person conducting or managing the affairs of the applicant or the proposed permitted premises;3.14.5.b. The disclosure statement must contain the full name, business address, home address, date of birth, social security number, a description of the applicant's experience and credentials including any past or present permits for the collection, transportation, treatment, storage or disposal of solid waste or hazardous waste, that are or have been issued to or possessed by the applicant and any person or persons required to be listed by section 3.14.5.a of this rule;3.14.5.c. A listing of any agencies outside of West Virginia which had, or has regulatory responsibility over the applicant in connection with its collection, transportation, treatment, storage, or disposal of solid waste or hazardous waste;3.14.5.d. An addendum form must be completed and filed with each disclosure statement for each relation (spouse, sibling, parent or child) engaged in the collection, transportation, treatment, storage or disposal of solid or hazardous waste; and3.14.5.e. Any other information the director may require that relates to the competency, reliability or good character of the applicant, or as required by section 22-15-5 of the Code. 3.14.6. Signature.3.14.6.a. Background investigation disclosure statements must be signed by each of the following: 3.14.6.a.A. If of a corporation, by its president, its chairman of the board, any other chief executive officer thereof, its secretary and its treasurer,3.14.6.a.B. If of a partnership, by each of its partners; if of a limited partnership, only by each of its general partners.3.14.6.a.C. If of any other business concern, by its chief executive officer, its secretary, and its treasurer.3.14.6.a.D. If of a natural person, by the person him, or herself.3.14.6.b. All signatures must be signed in ink and dated on original papers. The name and address of the signatory must be typed, stamped, or legibly printed beneath each signature. All signatures must be notarized.3.14.7. Change of Information on Background Investigation Disclosure Statement.Where an applicant has an application pending before the director and any of the information required to be included in a background investigation disclosure statement changes, or any additional information must be added after the filing of the statement, the applicant must provide that change of information to the director in writing within thirty (30) days of the change or addition.
3.14.8. Reporting Requirements.Permittees must report to the director within thirty (30) days any changes or additions in the following information required to be included in the background investigation disclosure statement:
3.14.8.a. The name of the permittee or applicant;3.14.8.b. The names or identities of any applicant or any officer, director, or manager, thereof, shareholder owning five percent (5) or more of its capital stock, beneficial or otherwise, including ultimate parent corporations, and any other person conducting or managing the affairs of the applicant or the proposed permitted premises;3.14.8.c. The name and business address of any company which collects, transports, treats, stores, or disposes of solid waste or hazardous waste in which the permittee acquires an equity interest:3.14.8.d. A listing and explanation of any notices of violation, orders, or license revocations issued by any state or federal authority: 3.14.8.d.A. Any judgement of liability or conviction rendered against the permittee or against any key employee, officer, director, or manager thereof, shareholder owning five percent (5%) or more of its capital stock, beneficial or otherwise, or other person conducting or managing the affairs of the applicant or the proposed permitted premises.3.14.8.e. Changes of information required to be reported pursuant to section 3.14.8.f of this rule may be filed by letter or on copies of applicable portions of background investigation disclosure statement forms. The person filing the report of change must swear to or affirm the truth of the information contained therein.3.14.8.f. Filing of Changes of Information.Changes of information must be filed by submitting an original and one certified copy to the director.
3.14.9. Annual Updates.The background investigation disclosure statement annual updates must be filed yearly on the anniversary of the permit issuance. It must be filed on forms supplied by the director and must contain all changes including but not limited to deletions in officers, directors, managers, owners, companies, etc. that have occurred since the submittal of previous application. If there have been any additions to the officers, directors, managers, shareholders owning five percent (5%) or more of capital stock, beneficial or otherwise; general or limited partners; any person performing a function similar to the director; United States parent corporation, including the ultimate parent corporation; agents; or associates of the permittee, a background investigation disclosure statement application must be filed with the division including proper filing fees and fingerprint cards.
3.14.10. Notarization of Annual Updates.Annual updates must be notarized.
3.14.11. Requirement to File New Background Investigation Disclosure Statement.Where an applicant or permittee has submitted multiple amendments to its background investigation disclosure statement, or the information concerning an applicant or permittee has undergone substantial change, or if the background investigation disclosure statement currently on file with the director is more than five (5) years old, the director may require the applicant or permittee to file a new background investigation disclosure statement.
3.14.12. Additional Information; Duty to Cooperate.All applicants and permittees have the continuing duty to provide any assistance or information requested by the director and to cooperate in any inquiry, investigation, or hearing conducted by the director. If, upon issuance of formal request to answer any inquiry or produce information, evidence or testimony, and applicant or permittee refuses to comply, the permit of that person may be denied or revoked by the director.
3.14.13. Physical Evidence.Upon request, the applicant must supply physical evidence, including, but not limited to, photographs or handwriting exemplars of any person listed on the background investigation disclosure statement or any amendment thereof.
3.14.14. Disqualification Criterion.No permit may be approved by the director unless the applicant demonstrates compliance with the provisions of W. Va. Code § 22-15-5.
3.14.15. Cause for Permit Revocation.In addition to any other cause set forth elsewhere in this rule, any permit may be revoked for any violation of W. Va. Code §22-15-5.
3.14.16. Severance of Disqualifying Individuals. Notwithstanding the disqualification of any applicant or permittee pursuant to these rules, the director may issue or renew a permit if the applicant or permittee severs the interest of, or affiliation with, the person who would otherwise cause that disqualification.3.14.16.a. Where the disqualifying individual is the owner of any equity interest or interest in the debt liability of the permittee or applicant, that person must completely divest himself of that interest. Where immediate sale of the interest would work an economic hardship on the individual, the permittee or applicant, at the director's discretion may allow for divestiture over a period of time not to exceed one (1) year.3.14.16.b. Arrangements such as blind trusts will be acceptable only as part of divestiture arrangement under which the trustee is obliged to sell the disqualifying individual's interest within a period not to exceed two (2) years.3.14.16.c. Before the director will issue or renew a permit to an applicant or permittee which has severed a disqualifying individual, the applicant or permittee must submit to the director an affidavit, sworn to by the chief executive officer, attesting to the severance of the disqualifying individual, and describing the terms, circumstances, and conditions of that severance. Any instruments pertaining to that severance (such as a trust agreement) must be submitted with the affidavit.3.14.17. Confidential Information. Any information received pursuant to section 3.14 of this rule must be kept confidential by the division to the extent allowable by state law including W. Va. Code § 29B-1-1.3.14.18. Convicted Persons Generally. No permittee may knowingly hire as an officer or director any person who has been convicted of any of the offenses enumerated in W. Va. Code § 22-15-5(c) without first submitting a background investigation disclosure statement to and obtaining the approval of the director. No permittee shall knowingly allow any person who has been convicted of any of the crimes enumerated in W. Va. Code § 22-15-5(c) to acquire an equity interest or debt liability interest without first submitting a background investigation disclosure statement to and obtaining the approval of the director. 3.14.18.a. In connection with any such request, the permittee must file with the director an amended background investigation disclosure statement containing the necessary information about the person, including any evidence the permittee wishes to bring forth demonstrating the person's rehabilitation.3.14.18.b. The director may consider whether the person has affirmatively demonstrated rehabilitation, and may consider the factors set forth in determining whether to grant permission to the permittee to employ the person or allow him or her to acquire an interest in the permit.3.14.18.c. Any permittee that violates the provisions of section 3.14 of this rule may be subject to having its permit revoked, notwithstanding the rehabilitation of the individual in question.3.14.18.d. Mitigation and Restitution.In the case of persons convicted of violating the criminal provisions of any federal or state environmental statute, regulation, or rule, or persons convicted of any crime which involved the violation of such statutes regulations, or rules, the director will not consider such person rehabilitated unless that person has made all reasonable efforts to clean up or mitigate any environmental damage caused by the activities for which he or she was convicted, and to make restitution to any victims injured thereby.
For the purposes of leachate collection and treatment for wastewater and associated facility discharges, the wastewater facility and all appurtenances must meet the permit requirements for such treatment as set out in W. Va. Code §§22-1, 22-11, 22-12 and 22-15 and any rules promulgated thereunder. For the purposes of section 3.15 of this rule only, the requirements in 46 CSR 2, as amended, are hereby incorporated by reference. For landfills a single permit must be issued pursuant to section 3.5.2 of this rule.