W. Va. Code R. § 47-38-5

Current through Register Vol. XLI, No. 45, November 8, 2024

Section 47-38-5 - Other Solid Waste Facility Performance Standards

5.1. Requirements for Incinerators.

5.1.1. General Requirements.

5.1.1.a. The incinerator must be located, designed, and operated in accordance with section 5.1 of this rule.

5.1.1.b. Waste characterization must be performed in accordance with section 5.1 of this rule.

5.1.2. Location Criteria.

5.1.2.a. No person may establish, construct, operate, maintain or permit the use of property for any facility:

5.1.2.a.A. Within a 100-year floodplain; or

5.1.2.a.B. Within an area where there is a reasonable probability that the facility will cause:

5.1.2.a.B. (a) A significant adverse impact upon natural wetlands;

5.1.2.a.B. (b) A significant adverse impact upon any endangered or threatened species of animal or plant;

5.1.2.a.B. (c) A significant adverse impact upon any surface water;

5.1.2.a.B. (d) A significant adverse impact upon groundwater quality; or

5.1.2.a.B. (e) The migration and concentration of explosive gases in any facility structures, excluding any leachate collection system or gas control or recovery system components or in the soils or air at or beyond the facility property boundary in excess of twenty-five percent (25%) of the lower explosive limit for such gases at any time.

5.1.3. Operational Requirements.

5.1.3.a. No person may operate or maintain an incinerator except in conformance with the following minimum requirements, unless an exemption is granted by the director in writing:

5.1.3.a.A. The facility must be situated, equipped, operated, and maintained as to minimize interference with other activities in the area;

5.1.3.a.B. Adequate shelter and sanitary facilities must be available for personnel;

5.1.3.a.C. A sign must be prominently posted at the entrance to the facility which indicates the name, permit number, the hours of operation, the hours waste may be received, necessary safety precautions, and any other pertinent information;

5.1.3.a.D. All incoming solid waste must be confined to the designated storage area and no putrescible waste may be stored for more than twenty-four (24) hours;

5.1.3.a.E. Solid waste must be stored in compliance with section 4.5.7.J. of this rule;

5.1.3.a.F. Dust must be controlled in the unloading and charging areas;

5.1.3.a.G. Permanent records must be maintained including the weights of material treated, the quantity of resulting ash and residue, hours of plant operation, combustion temperatures, residence time, and other pertinent information;

5.1.3.a.H. Appropriate firefighting equipment must be available in the storage and charging areas and elsewhere as needed;

5.1.3.a.I. Arrangements must be made with local fire protection agency to provide adequate emergency firefighting forces;

5.1.3.a.J. Means of communication with emergency facilities must be provided;

5.1.3.a.K. Adequate equipment must be provided to allow cleaning after each day of operation or as may be required in order to maintain the plant in a sanitary condition;

5.1.3.a.L. The charging openings as well as all equipment throughout the plant must be provided with adequate safety equipment;

5.1.3.a.M. The facility must be designed and operated such that it will not cause a nuisance because of the emission of noxious odors, gases, contaminants, or particulate matter or exceed emission limitations established by state air pollution control rules;

5.1.3.a.N. Ash and residue must be disposed of at a solid waste facility permitted by the director to accept the material or be handled by an alternative method approved in writing by the director. Approval will be issued on a case-by-case basis after review of the information contained in reports filed pursuant to section 5,1 of this rule. Ash or residue from a facility with a design capacity of five hundred (500) pounds per hour must be placed in a monofill which must meet the design requirements of 47 CSR 35;

5.1.3.a.O. All wastewater from the facility must be discharged into a sanitary sewer or other system approved in writing by the director;

5.1.3.a.P. Upon the completion of construction of a new facility, and at least ten (10) days prior to initial operation, the director must be notified to allow inspection of the facility both prior to and during any performance test(s) and initial operation;

5.1.3.a.Q. Open burning of solid waste at the facility is prohibited;

5.1.3.a.R. No hazardous waste may be accepted for disposal;

5.1.3.a.S. An alternative disposal method, approved by the director in writing, must be used during any time that the facility is inoperative; and

5.1.3.a.T. The incoming waste must be screened to eliminate unacceptable material from entering the facility such as hazardous waste, asbestos, explosive materials, or other materials which may endanger public health and safety.

5.1.4. Waste Characterization.

5.1.4.a. The owner or operator of an incinerator with a design capacity in excess of five hundred (500) pounds per hour must undertake an ash testing program as follows:

5.1.4.a.A. An ash testing program must be completed within sixty (60) days of construction and shake-down of the incinerator. Representative samples of both fly ash and bottom ash must be tested for physical characteristics, bulk chemical composition, analysis using the appropriate leaching test and analysis using the Toxicity Characteristic Leaching Procedure (TCLP) or other test to determine the wastes' regulatory status under federal or state hazardous waste laws. Test methods, the number of tests, detection limits, and parameters to be tested for will be specified by the director; and

5.1.4.a.B. A long-term ash testing program must be established. For the first year of operation, quarterly testing of at least one (1) sample of bottom ash and one (1) sample of fly ash must be performed using approved methods and procedures. Thereafter, annual sampling and testing must be performed. The director may specify an alternative testing program.

5.1.4.b. The owner or operator of a facility with a design capacity of five hundred (500) pounds per hour or less may be required to undertake the testing program described in section 5.1.4.a of this rule if the director determines through an examination of information required in section 5.1.3.a. of this rule that such testing is warranted.

5.2. Requirements for Transfer Stations.

5.2.1. General.

5.2.1.a. No person may conduct transfer station activities unless the director has first issued a permit for the activities in accordance with the requirements of this rule.

5.2.1.b. No person conducting transfer station activities may allow ash, residue, or other waste specified in section 4.13 of this rule to be received or handled at a transfer station unless the director has specifically approved handling that waste by the permit,

5.2.1.c. No person conducting transfer station activities may:

5.2.1.c.A. Mix solid waste with, or store solid waste in such close proximity to other solid waste to create a risk of fire or explosion, or a risk to the accumulation of poisonous or otherwise harmful vapors or gases; or

5.2.1.c.B. Allow explosive waste to be processed at the facility.

5.2.1.d. Regulated hazardous waste may not be disposed, processed, or stored where transfer station activities are conducted.

5.2.2. Location Criteria.

Transfer stations must be sited in compliance with the location requirements of sections 3.1, 3.2.3 and 3.2.5 of this rule and may not be sited within one hundred feet (100) of a perennial stream.

5.2.3. Signs.

A person conducting transfer station activities must identify the operation by posting and maintaining a sign in accordance with section 4.6.1.a.M of this rule.

5.2.4. Access Control.

5.2.4.a. A gate or other barriers must be maintained at potential vehicular access points to block unauthorized access to the site when an attendant is not on duty.

5.2.4.b. The operator must construct and maintain a fence or other suitable barrier around the site sufficient to prevent unauthorized access.

5.2.4.c. Access to the site must be limited to times when an attendant is on duty.

5.2.5. Access Roads.

Access roads must be designed, constructed, and maintained in accordance with section 4.5.3 of this rule.

5.2.6. Measuring Waste.

Solid waste delivered to a transfer station must be accurately weighed or otherwise accurately measured prior to unloading in accordance with the provisions of 110 CSR 6A sections 4.2 and 4.3.

5.2.7. Operations and Equipment.

5.2.7.a. Loading, unloading, storage, compaction and related activities must be conducted in an enclosed building, unless otherwise approved by the director.

5.2.7.b. The permittee must maintain on the site equipment necessary for operation of the facility in accordance with the permit. The equipment must be maintained in an operable condition.

5.2.7.c. Standby equipment must be located on the site or at a place where it can be available within twenty-four (24) hours. If a breakdown of the operator's equipment occurs, the operator must utilize standby equipment as necessary to comply with this rule,

5.2.7.d. Equipment must be operated and maintained so as to prevent solid waste from being unintentionally removed from the storage area.

5.2.7.e. Equipment used to handle putrescible solid waste must be cleaned at the end of each working day.

5.2.8. Unloading Area.

5.2.8.a. The approach and unloading area must be adequate in size and design to facilitate the rapid unloading of solid waste from the collection vehicles and the unobstructed maneuvering of the vehicles and other equipment.

5.2.8.b. The loading areas and unloading areas must be constructed of impervious material which is capable of being cleaned by high pressure water spray and must be equipped with drains or sumps connected to a sanitary sewer system or treatment facility to facilitate the removal of water.

5.2.8.c. If the facility has an unloading pit, the facility must have in place truck wheel curbs and tie downs that are sufficient to prevent trucks from backing into the pit or falling into the pit while unloading.

5.2.8.d. An attendant or clearly marked signs must direct vehicles to the unloading area.

5.2.8.e. The permittee must ensure that collection vehicles unload waste promptly in unloading areas,

5.2.8.f. Solid waste must be confined to the unloading area and the approved storage areas.

5.2.9. Cleaning and Maintenance.

5.2.9.a. All areas within the building must be kept clean.

5.2.9.b. The operator must not allow putrescible waste to remain at the transfer station at the end of the day or for more than twenty-four (24) hours.

5.2.9.c. Plumbing must be properly maintained, and the floors must be well drained.

5.2.9.d. Macerators, hammer mills, and grinders must be cleanable and must be equipped with drains that connect to a sanitary sewer system or treatment facility.

5.2.9.e. Provision must be made for the routine operational maintenance of the facility.

5.2.10. Water Quality Protection.

All permit holders must meet the requirements of §22-11 and the rules promulgated thereunder,

5.2.11. Other Requirements.

5.2.11.a. The operator must also prevent and eliminate conditions not otherwise prohibited by this rule that are harmful to the environment or public health, or which create safety hazards, odors, dust, noise, unsightliness and other public nuisances.

5.2.11.b. No person may cause or allow open burning.

5.2.11.c. The operator must prevent the attraction, harborage or breeding of vectors.

5.2.11.d. Salvaging of materials must not be conducted unless salvaging is controlled by the operator to prevent interference with prompt and sanitary operations and is conducted to prevent a health hazard or nuisance.

5.2.11.e. Salvaged materials must be promptly removed from the unloading area and either stored in an approved area or transported off-site.

5.2.11.f. The operator must not allow litter to be blown or otherwise deposited off-site.

5.2.11.g. Fences or other barriers sufficient to control blowing litter must be located in the area immediately downwind from the unloading area, unless transfer activities are conducted within an enclosed building or the solid waste being transferred cannot create blowing litter.

5.2.11.h. Litter must be collected at least weekly from fences, roadways, tree line barriers, and other barriers and disposed or stored in accordance with the Act, regulations and rules promulgated thereunder, unless a greater frequency is set forth in the permit,

5.2.11.i. A facility subject to this rule must be designed, constructed, maintained, and operated to prevent and minimize the potential for fire, explosion, or release of solid waste constituents to the air, water, or soil of this state that could threaten public health or safety, public welfare, or the environment.

5.2.11.J. The operator of a transfer station must meet all of the reporting requirements as specified in section 4.12 of this rule.

5.2.11.k. The facility must be surrounded with rapidly growing trees, shrubbery, fencing, berms, or other appropriate means to screen it from the surrounding area.

5.2.11.l. Only household waste and commercial waste must be accepted at the facility. No industrial waste, infectious waste, construction and demolition debris, or hazardous waste regulated under 47 CSR 35 must be accepted unless specifically approved by the director.

5.2.11.m. All solid waste passing through the transfer station must be ultimately treated or disposed of at a facility authorized by the division if in this state, or by the appropriate governmental agency or agencies if in other states, territories, or nations.

5.2.11.n. A transfer station with operating mechanical equipment must have an attendant on duty at all times that the facility is open.

Suitable fencing, gates, or signs must be provided.

5.2.11.0. All floors must be drained and free from standing water. All drainage from cleaning areas must be discharged to sanitary sewers or the equivalent.

5.2.11.p. Adequate storage space for incoming solid waste must be available at the transfer station.

5.2.11.q. All solid waste must be removed from the transfer station facility whenever transfer containers are full, or weekly, whichever comes first,

5.3. Requirements for Recycling Facilities. (Performance Standards Reserved).

5.4. Requirements for Construction/Demolition "Class D" Solid Waste Facilities.

5.4.1. General Requirements.

Only the construction/demolition wastes approved in the facility permit must be accepted. Putrescible, household, automobile shredder fluff, industrial and sludge wastes are prohibited.

5.4.2. Class D-1 Facility Requirements.

Class D-1 solid waste facilities must meet all of the requirements in section 4 of this rule unless an alternative standard from section 5.4.2 of this rule is met or the director has granted, upon written request, an exemption from a specific requirement of section 4 of this rule.

5.4.2.a. A liner system for a Class D-1 solid waste facility must consist of the following elements:

5.4.2.a.A. Subbase;

5.4.2.a.B. Compacted soil liner; and

5.4.2.a.C. Leachate collection and protective cover zone.

5.4.2.b. The subbase portion of the liner system must consist of a cleared and grubbed natural ground surface capable of supporting the entire liner system.

5.4.2.c. The compacted soil liner must:

5.4.2.c.A. Be a minimum compacted thickness of two (2) feet;

5.4.2.c.B. Be compacted in six (6) inch lifts;

5.4.2.c.C. Be no more permeable than 1 x 10 cm/sec based on laboratory and field testing;

5.4.2.c.D. Be free of particles greater than three (3) inches in any dimension;

5.4.2.c.E. Be placed without damaging the subgrade;

5.4.2.c.F. Be placed during a period of time when both the air temperature and the soil temperature are above freezing so that neither the compacted soil nor the subbase is frozen;

5.4.2.c.G. Have a slope of at least two percent (2%) to facilitate the drainage of leachate across the liner surface; and

5.4.2.c.H. Be designed, operated, and maintained so that the physical and chemical characteristics of the liner and the liner's ability to restrict the flow of solid waste, solid waste constituents, or leachate is not adversely affected by the leachate.

5.4.2.c.I. The compacted soil construction liner certification and a Q.A./Q-C. report must be submitted to the director prior to the placement of the leachate collection and protective cover zone.

5.4.2.d. The leachate collection and protective cover zone must:

5.4.2.d.A. Create a flow zone between the compacted soil liner and solid waste more permeable than l x 10 cm/sec based on laboratory and field testing. The leachate collection zone including the piping system must be designed and placed on a minimum slope of two percent (2%) to facilitate efficient leachate drainage and prevent pending on the composite liner;

5.4.2.d.B. Be at least eighteen (18) inches thick;

5.4.2.d.C. Be constructed of soil or earthen materials to ensure that the hydraulic leachate head on the composite liner does not exceed one (1) foot at the expected flow capacity from the drainage area except during storm events;

5.4.2.d.D. Be comprised of clean soil or earthen materials that contain no debris, plant material, rocks, or other solid material larger than one-quarter (1/4) inch in diameter and no material with sharp edges;

5.4.2.d.E. Be graded, uniformly compacted, and smoothed;

5.4.2.d.F. Be installed in a manner that prevents damage to the compacted soil liner; and

5.4.2.d.G. Contain a perforated piping system capable of intercepting liquid within the leachate collection zone and conveying the liquid to control collection points. The piping system must also meet the following:

5.4.2.d.G. (a) The slope sizing and spacing of the piping system must ensure that liquids drain efficiently from the leachate collection zone;

5.4.2.d.G. (b) The distance between pipes in the piping system may not exceed one (100) hundred feet on center;

5.4.2.d.G. (c) The pipes must be installed perpendicular to the flow;

5.4.2.d.G. (d) The minimum diameter of the perforated pipe must be four (4) inches with a wall thickness of Schedule 40 or greater;

5.4.2.d.G. (e) The pipe must be capable of supporting anticipated loads without failure based on facility design;

5.4.2.d.G. (f) Rounded stones or aggregates must be placed around the pipes of the piping system. The stones or aggregates must be sized to prevent clogging of the pipes and damage to the composite liner;

5.4.2.d.G. (g) The piping system must be installed in a fashion that facilitates clean out, maintenance, and monitoring. Manholes or clean out risers must be located along the perimeter of the leachate detection piping system. The number and spacing of the manholes or clean out risers must be sufficient to ensure proper maintenance of the piping system by water jet flushing or an equivalent method; and

5.4.2.d.G. (h) The leachate collection system must be cleaned and maintained as necessary.

5.4.2.d.H. The leachate collection zone construction certification and a Q.A./Q.C, report must be submitted to the director prior to the placement of solid waste.

5.4.3. Class D Facility Requirements. Except as herein specified, Class D solid waste facilities are exempt from the requirements of section 4 of this rule unless otherwise required by the director, but must comply with the requirements of sections 5.4.3.a through 5.4.3.g of this rule. A Class D facility other than a Class D-1 solid waste facility shall not exceed two (2) acres in size.

5.4.3.a. Access must be controlled in such a manner as to discourage unauthorized entry and must be limited to those authorized to deposit waste material and only during scheduled hours.

5.4.3.b. Construction/demolition and cover material must not be placed into a stream channel and must be placed in such a way to prevent erosion and sedimentation.

5.4.3.c. Cover material must be graded and maintained to prevent pending and minimize erosion.

5.4.3.d. Erosion and sediment controls must be installed as necessary to prevent sedimentation.

5.4.3.e. The disturbed area must be revegetated to prevent erosion and sedimentation in accordance with section 4.5.6 of this rule,

5.4.3.f. Except when extended by the director, all operations for a Class D solid waste facility must have been completed including covering with a minimum of twenty-four (24) inches of soil, regrading, dressing up, seeding, mulching and fertilizing prior to the expiration date of the permit.

5.4.3.g. The permittee must notify the director to arrange for a final inspection prior to removing equipment from the site. All site reclamation must be completed before equipment removal.

5.4.3.h. The director may require a Class D solid waste facility to meet any specific requirement in section 4 of this rule.

5.5. Requirements for Class F Solid Waste Facilities.

Except as provided in section 5.5 of this rule, all requirements of these regulations shall be applicable to Class F solid waste facilities.

5.5.1. Waivers and Modifications.

During the permit issuance process or upon written request or appropriate notation on the application by the permittee, the director may waive or modify the requirements of the subsections of section 3 of this rule that are listed in section 5.5.1.a of this rule and the requirements of the subsections of section 4 of this rule that are listed in section 5.5.1.b of this rule, Failure of the applicant to supply documentation requested by the director, which is necessary to justify the requested waiver or modification, are grounds for wavier or modification denial. Each request for waiver or modification of a requirement of section 3 or 4 of this rule must be based upon sound engineering judgement taking into consideration the type of waste to be disposed, the type facility, and site characteristics.

5.5.1.a. The following requirements of section 3 of this rule which may be waived or modified by the director: sections 3.4, 3.7.6.g, 3.7.10, 3.7.11, 3.7.13, 3.8.3.a.C.(d), 3.8.4.d.A, 5.10.1.f, 3.10.3, 3.13, 3.14, and 3.16.4 of this rule.

5.5.1.a.A. The requirements of sections 3.8.4.e, 3.8.9.a.B, 3.9, 3.10.1.a and 3,11.3 of this rule and the gas monitoring and control provisions of sections 3.10.1.b, 3.10.1.d, and 3.10.2.C of this rule may also be waived or modified by the director for coal combustion by-product facilities.

5.5.1.b. The following requirements of section 4 of this rule which may be waived or modified by the director for Class F facilities: sections 4.4, 4.5.2.C.A.(c), 4.5.3, 4.5,4, 4.5.7.g, 4.5.7.h, 4.5.7.i, 4.5.7.j, 4.6.2.a.B, 4.6.2.a.C, 4.6.2.b.A, 4.6.2.b.B, 4.6.2.b.D, 4.8.3.C.B, 4,10, 4.12, and 4.13.2.c of this rule.

5.5.2. Requirements for Coal Combustion By-Product Facilities.

5.5.2.a. Liner System Requirements.

Liner system requirements for coal combustion by-product landfills, solid waste disposal surface impoundments and surface impoundments, or portions thereof, placed in operation after the effective date of this rule must be as follows:

5.5.2.a.A. The liner system for landfills shall consists of eighteen (18) inches of clay, having a permeability no greater than 1 x 10 centimeters per second and compacted in six (6) inch lifts to a Standard Proctor density of at least ninety-five percent (95%) as determined by ASTM D-698. A sixty (60) mil HDPE synthetic liner shall be installed on top of the compacted clay liner. A leachate collection system consisting of a perforated piping system embedded within an eighteen (18) inch drainage layer, which can consist of bottom ash, having a minimum permeability of 1 x 10 centimeters per second shall be installed on top of the synthetic liner. The eighteen (18) inch leachate collection system layer shall serve as the protective cover for the synthetic liner.

5.5.2.a.B. The permittee may elect and construct an alternative liner system for landfills consisting of at least two (2) feet of clay having a permeability no greater than 1 x 10 centimeters per second and compacted in six (6) inch lifts to a Standard Proctor density of at least ninety-five percent (95%) as determined by ASTM D-698. Taking into account site-specific conditions, an appropriate groundwater interceptor drainage system, which shall also serve as a leachate detection system, shall be installed under the clay liner in such a manner as to avoid groundwater penetration of the liner system and to facilitate detection of leachate penetrating the liner. An appropriate leachate collection system, which can consist of bottom ash, having a minimum permeability of 1 x 10 centimeters per second shall be installed on top of the compacted clay liner provided that this liner system is prohibited for use in major domestic use aquifer areas, major alluvial aquifers, or karst regions.

5.5.2.a.C. Other alternative liner systems for landfills may be approved by the director on a case-by-case basis. Such alternative liner system may be more or less stringent than the liner system described in section 5.5.2.a.A of this rule as determined by sound engineering judgement taking into consideration the type of waste to be disposed, type of facility, site characteristics, operating experience of similar landfills, and protection of the groundwater.

5.5.2.a.D. Failure of an alternative liner design at the applicant's facility may result in the director disallowing the use of identical technology in new landfills proposed by the applicant unless the applicant can demonstrate a remedy for the technology's past failure.

5.5.2.a.E. The liner system for solid waste disposal surface impoundments shall be designed and constructed with a leachate detection system imbedded in a filter media having a minimum permeability of 1 x 10 centimeters per second topped by eighteen (18) inches of clay having a permeability no greater than 1 x 10 centimeters per second and compacted in six (6) inch lifts to a Standard Proctor density of at least ninety-five percent (95%) as determined by ASTM D-e98, with a sixty (60) mil synthetic liner installed over the compacted clay.

5.5.2.a.F. Other alternative liner systems for solid waste disposal surface impoundments may be considered by the director on a case-by-case basis. Such determination must be based upon sound engineering judgement taking into consideration the type of waste to be disposed, type of facility, site characteristics, and groundwater monitoring results at similar existing solid waste disposal surface impoundments.

5.5.2.a.G. For surface impoundments receiving leachate, a permittee may elect use of a liner system consisting of either eighteen (18) inches of clay having a permeability no greater than 1 x 10 centimeters per second and compacted to a Standard Proctor density of at least ninety-five percent (95%) as determined by ASTM D-698, with a sixty (60) mil synthetic liner installed on top of the clay; two (2) feet of clay with the aforementioned permeability rate and compaction density; or any other alternative liner system approved by the director on a case-by-case basis. Taking into account site-specific conditions, an appropriate groundwater interceptor drainage system, which must also serve as a leachate detection system, must be installed under all liner systems in such a manner as to avoid groundwater penetration of the liner system and to facilitate detection of leachate penetrating the liner.

5.5.2.a.H. The provisions of section 4.8.3.C.B of this rule do not apply to coal combustion by-product surface impoundments. Surface impoundments associated with a coal combustion by-product facility are not subject to any of the groundwater monitoring requirements of this rule if such impoundments are covered by the overall groundwater monitoring plan for the coal combustion by-product facility.

5.5.2.b. Operating Requirements.

Operating requirements for coal combustion by-product landfills and solid waste disposal surface impoundments in operation on or closed prior to the effective date of this rule are as follows:

5.5.2.b.A. Operating landfills in existence on the effective date of this rule may remain in operation and without liner retrofit unless there is a statistically significant increase in groundwater monitoring parameters as determined by the monitoring provisions of section 4.11 of this rule. Groundwater remediation may be determined on a case-by-case basis by the director based upon an evaluation of the information from groundwater monitoring and assessment programs, as provided for in section 4.11 of this rule. Upon evidence of such contamination, a corrective action program may be required as described in section 4.11.5 of this rule. Such corrective action programs may include closure in accordance with section 6 of this rule, retrofit in accordance with section 5.5.2.a of this rule, or other appropriate remediation measures.

5.5.2.b.B. For coal combustion by-product landfills in existence on the effective date of this rule, the liner provisions of sections 5.5.2.a.A, 5.5.2.a.B, and 5.5.2.a.C of this rule and the provisions of section 4.11 of this rule do not apply to closed or closed portions of such landfills. Monitoring shall not be required for such facilities that are closed prior to the effective date of this rule except for currently-permitted closed facilities or in connection with any remedial or corrective action program ordered by the director.

5.5.2.b.C. The requirements of this rule are not applicable to coal combustion by-product disposal surface impoundments in existence on or before the effective date of this rule and which are operating under a permit issued under W. Va. Code §22-11, except that all such impoundments shall be required to have an adequate groundwater monitoring system in place. Groundwater remediation may be determined on a case-by-case basis by the director based upon an evaluation of the information from groundwater monitoring and assessment programs. Evidence of groundwater contamination, a; determined by section 4.11 of this rule, may require a corrective action program as described in section 4.11,5 of this rule.

5.5.2.c. Leachate Analysis.

The requirements of section 4.8.4 of this rule apply to coal combustion by product landfills and surface impoundments with the exception that the requirements in section 4.8.4.b of this rule shall be replaced by the following:

5.5.2.c.A. On a semi-annual basis, the chemical composition of the leachate flowing into a leachate treatment system from a coal combustion by-product facility must, unless waived by the director, be determined througl the analysis of the leachate for the following parameters; alkalinity, arsenic, barium, bicarbonate, hardness, boron, cadmium, calcium, chloride, total and hexavalent chromium, iron, lead, manganese, magnesium, sulfate, total dissolved solids, total organic carbon (TOC), specific conductance, zinc, and any other parameter which is specifically known to be associated with the wastes in question and specified by the director in writing.

5.5.2.c.A. (a) The monitoring parameters listed in section 5.5.2.0.A of this rule must be reported as total metals, unless otherwise specified by the director.

5.5.2.d. Beneficial Use of Coal Combustion By-products.

The following uses of coal combustion by-products are deemed to be beneficial and do not require a permit under this rule so long as such uses are consistent with the requirements of section 5.5.2.d of this rule:

5.5.2.d.A. Coal combustion by-products used as a material in manufacturing another product (e.g., concrete, flowable fill, lightweight aggregate, concrete block, roofing materials, plastics, paint) or as a substitute for a product or natural resource {e.g., blasting grit, filter cloth precoat for sludge dewatering);

5.5.2.d.B. Coal combustion by-products used for the extraction or recovery of materials and compounds contained within the coal combustion by products;

5.5.2.d.C. Coal combustion by-products used as a stabilization/solidification agent for other wastes. This use of coal combustion by-products shall be considered a beneficial use for the purposes of section 5.5.2.d of this rule if the coal combustion by-product is used singly or in combination with other additives or agents to stabilize or solidify another waste product and if:

5.5.2.d.C. (a) The person or entity proposing the use has first given advance written notice to the director; and

5.5.2.d.C. (b) The use results in altered physical or chemical characteristics of the other waste and a reduction of the potential for the resulting stabilized mixture to leach constituents into the environment;

5.5.2.d.D. Coal combustion by-products used under the authority of W. Va. Code Chapter 22, Articles 2 and 3 of the West Virginia Division of Environmental Protection;

5.5.2.d.E. Coal combustion by-products used as pipe bedding or as a composite liner drainage layer;

5.5.2.d.F. Coal combustion by-products used as a daily or intermediate cover for Class A, Class B, or Class C solid waste facilities if the specific permit allows for such use;

5.5.2.d.G. Coal combustion bottom ash or boiler slag used as an anti-skid material if such use is consistent with Department of Highways specifications. The use of fly ash as an anti-skid material is not deemed to be a beneficial use; and

5.5.2.d.H. Coal combustion by-products used as a construction material (e.g., subbases, bases) for roads or parking lots that have asphalt or concrete wearing surfaces if approved by the West Virginia Division of Highways or the project owner.

Note: Section 5.5.2.d of this rule does not specifically address the beneficial use of coal combustion by-products for structural fills and as soil amendment. These beneficial use applications will be considered in future rulemaking. Until such time, the established prior practices will be continued.

5.5.3. Requirements for Industrial Solid Waste Facilities Other Than Coal Combustion By-product Facilities.

5.5.3.a. Liner System Requirements.

Liner system requirements for industrial solid waste landfills and solid waste disposal surface impoundments are as follows:

5.5.3.a.A. Except as otherwise provided in section 5.5.3 of this rule, all provisions of section 4 of this rule are applicable to industrial solid waste landfills and industrial solid waste disposal surface impoundments constructed after the effective date of this rule.

5.5.3.a.A. (a) Any provision of section 4 of this rule may be waived or modified by the director upon written request of the permittee if such provision, in the discretion of the director, clearly does not apply to the industrial solid waste facility or where the waiver or modification is shown to be appropriate for the facility type, type of waste disposed, or site characteristics. Any alternative approved by the director shall be based upon good engineering judgement.

5.5.3.a.B. For industrial solid waste landfills in existence on the effective date of this rule, the liner provisions in sections 4 and 5.5 of this rule do not apply to closed or closed portions of such landfills. However, the liner provisions apply to any expansion of such facilities. In order to continue to use an active portion of an existing landfill which is unlined after November 5, 1991, the permittee must enter into a compliance schedule requiring such active unlined portions to be closed or retrofitted where appropriate in accordance with this rule by an agreed date by which all waste must thereafter be placed on an approved liner system, which date shall be no later than thirty (30) months following the effective date of this rule.

5.5.3.a.C. Solid waste disposal surface impoundments in operation on the effective date of this rule may continue operation throughout the design life of the impoundment, provided the impoundment must not be expanded to a size greater than the design approved by the director in the permit last issued for the facility. Groundwater remediation may be determined on a case-by-case basis by the director based upon an evaluation of the information developed under the assessment provisions of section 4.11.5 of this rule.

5.5.3.b. Appropriate monitoring provisions of section 4.11 of this rule shall be incorporated into the permits for industrial solid waste landfills and industrial solid waste disposal surface impoundments in operation on the effective date of this rule. No monitoring shall be required for such facilities closed prior to the effective date of this rule except for closed facilities under a permit as of the effective date of this rule or in connection with any remedial or corrective action program ordered by the director.

5.6. Requirements for Uncommon or Miscellaneous Facilities.

5.6.1. Green Boxes, Bins, Roll-Offs and Dumpsters.

5.6.1.a. Each person who causes to be placed a green box, bin, roll-off or dumpster at places other than approved solid waste facilities are responsible for maintenance, prevention of litter, open dump control, and leachate management at the site of the dumpster.

5.6.2. Composting. (Reserved)

Note: Composting requirements are regulated under Title 47 Series 38D "Sewage Sludge Management Regulations," and Title 47 Series 38E "Yard Waste Composting Regulations."

W. Va. Code R. § 47-38-5