W. Va. Code R. § 47-40B-4

Current through Register Vol. XLI, No. 37, September 13, 2024

Section 47-40B-4 - Hazardous Wastes Not Subject To Fee Assessment

4.1. Provision Interpreted: West Virginia code § 20-5G-4(a).

The HWERF establishes a fee schedule designed to encourage environmentally sound treatment and disposal practices. Accordingly, the Act establishes a graduated fee assessment whereby the generator pays less per ton of generated hazardous waste if the selected treatment or disposal practice conforms to the Act's preferred practices. These practices and their associated fee levels are as follows: Full assessment for generated hazardous waste treated or disposed off-site; ninety percent (90%) of the full assessment for generated hazardous waste treated or disposed on-site; seventy-five percent (75%) of the full assessment for generated hazardous waste treated off-site so that such waste is rendered nonhazardous; and twenty-five percent (25%) of the full assessment for generated hazardous waste treated on-site so that such waste is rendered nonhazardous.

In addition to graduated fee assessments, the HWERF exempts from fee assessment certain types of hazardous waste or hazardous waste which is handled in a specific manner. The exclusions are a part of the Act's goal to not only provide the State with funds for emergency response but to also provide an incentive to the generator to utilize the most environmentally sound handling practice. Accordingly, the Act enumerates categories of hazardous waste which are excluded from fee assessment.

The first group includes those wastes listed in West Virginia Code § 20-5E-6(a)(2)(A) and enumerated in Sections 4.1.1 through 4.1.4 of these regulations. These wastes are currently excluded from regulations as hazardous waste under the HWMA until the completion of studies by the United States Environmental Protection Agency that are required by the federal Solid Waste Disposal Act. The second group encompasses either hazardous waste which is not regulated as a hazardous waste under the HWMA or hazardous waste which is handled In a manner which the HWERF is designed to encourage. These are enumerated in Sections 4.1.5 through 4.1.9 of these regulations.

For the purpose of determining and reporting the amount of hazardous waste generated under the Hazardous Waste Emergency Response Fund, the following wastes shall not he included:

4.1.1. Fly ash waste, bottom ash waste, slag waste, and flue gas emission control waste generated primarily from the combustion of coal or other fossil fuels.

4.1.2. Solid waste from the extraction, beneficiation, and processing of ores and minerals, including phosphate rock and overburden from the mining of uranium ore.

4.1.3. Cement kiln dust waste.

4.1.4. Drilling fluids, produced waters, and other wastes associated with the exploration, development, or production of crude oil, natural gas, or geothermal energy.

4.1.5. Sludge from any publicly owned treatment works in the State.

4.1.6. Any discharge to waters of the State of hazardous waste pursuant to a valid water pollution control permit issued under federal or State law. (Note: This exclusion applies only when the point of generation is the actual point of discharge specified for such valid permit.)

4.1.7. Any hazardous wastes which are beneficially used or reused or legitimately recycled or reclaimed.

4.1.8. Hazardous wastes which are created or retrieved pursuant to an emergency or remedial action.

4.1.9. Hazardous wastes which are hazardous wastes based solely on the characteristic of corrosivity and which are subjected to on-site elementary neutralization in containers or tanks.

4.2. Issues interpreted.

4.2.1. Exclusion of discharges to the waters of the State of hazardous wastes pursuant to a valid water pollution control permit issued under federal or State law (West Virginia Code § 20-5G-4(a), Proviso 3).

This proviso is designed to exempt from fee assessment only the discharge to waters of the State of a treated hazardous waste when the point of generation is the actual point of discharge specified in a valid water pollution control permit. Hazardous waste which is sent to a wastewater treatment facility for treatment is included in the fee assessment calculation.

4.2.2. Exclusion of hazardous wastes which are hazardous wastes based solely on the characteristic of corrosivity and which are subjected to on-site elementary neutralization in containers or tanks (West Virginia Code § 20-5G-4(a), Proviso 6). (Reserved).

W. Va. Code R. § 47-40B-4