Current through Register Vol. XLI, No. 24, June 14, 2024
Section 47-38-7 - Open Dumps7.1. Prohibitions.7.1.1. No person may create or operate an open dump.7.1.2. No person may contribute additional solid waste to an open dump at any time.7.1.3. Except as provided in sections 7.1.4 and 7.1.5 of this rule, no landowner may allow an open dump to exist on his or her property unless such open dump is under a compliance schedule approved by the director.7.1.4. An open dump operated prior to April 1, 1988 by a landowner or tenant for the disposal of solid waste generated by the landowner or tenant at his or her residence or farm is not deemed to constitute a violation of section 7.1.3 of this rule if such open dump did not constitute a violation of law on January 1, 1988. 7.1.4.a. After April 1, 1988, no additional solid waste may be contributed to an open dump operated by a landowner or tenant for the disposal of solid waste generated by the landowner or tenant at his or her residence or farm,7.1.4.b. The landowner or tenant who operated an open dump for the disposal of solid waste generated at his or her residence or farm must, at a minimum, cover the accumulated waste with two (2) feet of topsoil.7.1.5. An unauthorized dump created by unknown persons is not deemed to constitute a violation of section 7.1.3 of this rule and the owner of the land on which such dump is located is not liable for unauthorized dumping unless he refuses to cooperate with the division in stopping the dumping. Cooperation with the division may include, but is not limited to, the following: 7.1.5.a. The posting of signs stating that dumping is illegal;7.1.5.b. The erection of fencing to surround the accumulated waste;7.1.5.c. Surveillance of the open dumping areas to determine the identity of contributors to such open dumps;7.1.5.d. The removal and keeping of certain indications of ownership as contemplated by W. Va. Code § 20-7-26(b); or7.1.5.e. Testimony before a judicial officer regarding the identity of contributors to the dump.7.1.6. Open burning of solid waste is prohibited.7.2. Protection of the Environment and the Public.7.2.1. Any site at which the following protective measures have not been instituted shall be classified as an open dump:7.2.1.a. Measures must be taken to prevent the discharge of pollutants from the accumulated waste into the waters of the State (e.g., measures to prevent runoff into surface water bodies or the infiltration of leachates to local aquifers);7.2.1.b. Measures must be taken to impede the access of disease vectors to the accumulated waste (e.g., the application of cover material at appropriate frequencies or other techniques approved in writing by the director);7.2.1.c. Measures must be taken to prevent the introduction of hazardous or infectious materials to the accumulated waste;7.2.1.d. Measures must be taken to reduce the risk of fire in the accumulated waste (e.g., venting measures to reduce the concentration of explosive gases generated by the waste);7.2.1.e. Measures must be taken to limit public access to the accumulated waste (e.g., the erection of fencing to surround the accumulated waste);7.2.1.f. Measures must be taken to prevent adverse impacts to area wildlife, particularly with regard to the destruction or adverse modification of habitat critical to any endangered or threatened species of animal or plant; and7.2.1.g. Any other similar measures specified by the director in division policy, regulation, or rule.7.3. Schedules of Compliance for Open Dumps.7.3.1. Schedules of compliance for open dumps will contain a sequence of enforceable actions.7.3.2. Schedules of compliance for open dumps may not exceed a total time period for all compliance actions of two (2) years from the date of issuance.7.4. Enforcement. 7.4.1. If the director has reasonable cause to believe that a potential for environmental or aesthetic degradation or for harm to the health, safety, or welfare of the public exists at any open dump, he or she may require any person responsible for that open dump to conduct such tests or furnish such information as may be reasonably required to determine whether that dump is or may be causing said degradation or harm.7.4.2. The division may conduct any test deemed necessary by the director in making an investigation or determination of a potential for environmental or aesthetic degradation or for harm to the health, safety, or welfare of the public exists at any open dump,7.4.3. The director may perform, or require a person by order to perform, any and all acts necessary to carry out the provisions of the Act, regulations, or rule with regard to an open dump. 7.4.3.a. Any person having an interest which is or may be affected or who is aggrieved by any order of the director with regard to an open dump may appeal such order to the Environmental Quality Board pursuant to the provisions of W. Va. Code § 22B-3-l et seq,7.5. Cooperation with the State Division of Highways.7.5.1. Roadway Specifications.Standards and design specifications for roadways which provide access to municipal solid waste facilities, as promulgated by the commissioner of the West Virginia Division of Highways, are hereby incorporated by reference. A municipal solid waste facility permit may be suspended or revoked if the owner or operator fails to comply with such roadway specifications.
7.5.2. Waste-In-Transit Inspections.The director may designate authorized representatives to coordinate with authorized representatives of the commissioner of the West Virginia Division of Highways in conducting inspections of solid waste in transit. Such waste-in- transit inspections will be conducted at weigh stations or other designated sites throughout the state pursuant to rules or regulations promulgated by the Division of Highways.
7.6. Cooperation with the State Tax and Revenue Division.7.6.1. The division will cooperate with the State Tax Commissioner in the handling of proceeds received by the State Tax and Revenue Division from fees collected pursuant to the Act.7.7. Cooperation with the State Health Division.7.7.1. The division will cooperate with the West Virginia Division of Health in assessing the potential for contamination of public water supplies from any proposed or approved solid waste facility, open dump, or other property where solid waste is present.7.8. Cooperation with County and Regional Solid Waste Authorities.7.8.1. The division will provide such technical assistance concerning the handling and disposal of solid waste to each county and regional solid waste authority as is reasonable and practicable with existing division resources and appropriations available for such purposes.