W. Va. Code R. § 54-4-5

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

Section 54-4-5 - Required Content of Commercial Siting Plan

5.1. General Information. -- The plan shall include the following general information:

5.1.a. A description of the purposes and objectives to be met by the plan within a period of twenty (20) years.

5.1.b. The provisions of the comprehensive litter and solid waste control plan, as submitted to the Board pursuant to W. Va. Code '22C-4-8, regarding collection and disposal of solid waste and the requirements, if any, for additional commercial solid waste landfill and transfer station capacity.

5.2. Solid Waste Facility Zones.

5.2.a. Each plan shall contain a narrative description and appropriate topographical maps which delineate the zones in which:

5.2.a.1. Class A facilities (over 10,000 tons per month);

5.2.a.2. Class B and C facilities (under 10,000 tons per month);

5.2.a.3. Class D facilities (construction/demolition only);

5.2.a.4. Solid waste transfer stations;

5.2.a.5. Recycling facilities;

5.2.a.6. Energy recovery facilities, and environmentally acceptable incinerators,

5.2.a.7. Materials recovery facilities, and

5.2.a.8. Composting facilities are "authorized," "tentatively prohibited," or "prohibited." Unless the readily available information clearly establishes that an area is suitable for the location of a commercial solid waste facility, or not suitable for such a facility, the area shall be designated as an area in which the location of a commercial solid waste facility is tentatively prohibited.

5.2.b. Each type of facility listed in subdivision 5.2.a shall be addressed separately in the narrative, along with the rationale for establishing the zone in accordance with subsection 5.3 of this rule. The separate zones may be displayed on a single topographical map or a series of topographical maps, as desired by the authority. All existing facilities listed in subsection 5.2.a will be listed in the plan and depicted on the map regardless of location in or out of an authorized zone. When a facility is located in more than one county, each affected county shall depict the facility on the map.

5.3. Rationale for Establishing Siting Zones. -- The rationale for establishing these zones shall be included in the narrative. This rationale shall consider the following criteria:

5.3.a. The efficient disposal of solid waste, including, but not limited to, all solid waste generated within the county or region, regardless of its origin. - Describe how the zones established by the plan will ensure the efficient collection, transfer, and disposal of solid waste.

5.3.b. Economic development. -- Describe how the zones established by the plan will have a positive or negative impact on the county or regional economy. Detail the specific impact and give reasoning behind the impact.

5.3.c. Transportation infrastructure. -- Describe how the transportation network will allow or prohibit the efficient transportation of solid waste into or through the established zones. Address all transportation routes, i.e., roads, river, and rail.

5.3.d. Property values. -- Describe how the zones established will have a positive or negative impact on property values.

5.3.e. Groundwater and surface waters -- Describe how the established zones will protect groundwater and surface waters in the area.

5.3.e.1. An authority shall establish a zone in which solid waste facilities are prohibited where the readily available information clearly establishes that the facilities will cause:

5.3.e.1.A. A significant adverse impact upon wetlands;

5.3.e.1.B. A significant adverse impact upon any surface water;

5.3.e.1.C. A significant adverse impact upon groundwater quality; or

5.3.e.1.D. A violation of surface water quality standards found in 47CSR3.

5.3.e.2. An authority shall establish a zone in which landfills are prohibited in the following areas, unless the readily available information clearly establishes that landfills may be located within the zone and not cause a significant adverse impact upon ground or surface water quality:

5.3.e.2.A. Within three hundred (300) feet of any surface water (facility drainage or sedimentation control structures are exempt from this distance calculation);

5.3.e.2.B. Within three hundred (300) feet of any wetlands (facility drainage or sedimentation control structures are exempt from this distance calculation);

5.3.e.2.C. Within a perennial stream;

5.3.e.2.D. Within a 100-year flood plain; and

5.3.e.2.E. Within twelve hundred (1,200) feet of any public or private water supply well in existence at the time the zone is established.

5.3.f. Geological and Hydrological Conditions. -- Describe what geological and hydrological conditions prohibit or enable a zone to be suitable for siting a solid waste facility. Some of the factors which the authority shall consider are the existence of any known faults within two hundred (200) feet of the area, or other extreme hydrological or geological conditions, e.g., karst regions, solution cavities, extensive sandstone aquifers, shales, consolidated formations, aquitards, and the existence of any mining in the area. If the readily available information clearly establishes that any such conditions will cause a significant adverse impact on ground or surface water quality, the authority shall designate the area as prohibited for landfills.

5.3.f.1. For the purposes of this subsection, the term "mining" means the extraction of non-replenishable materials from the earth's crust, e.g., oil, gas, coal, minerals, sand, gravel, limestone, and other substances of a similar nature.

5.3.f.2. For the purposes of this subsection, the term "known fault" means a fault that has had displacement in Holocene time (i.e., during the last eleven thousand (11,000) years).

5.3.g. Aesthetic and Environmental Quality. -- Describe the positive or negative impacts the established zones will have on existing aesthetic and environmental conditions. For example, siting a recycling center at a former open dump might enable the reclamation of an unsanitary dump. Factors to be considered are the presence of public parks and recreation areas, state and national forests, and endangered or threatened species. An authority shall establish a zone in which landfills are prohibited in the following areas:

5.3.g.1. Within one thousand (1,000) feet of the nearest edge of the right-of-way of any state trunk highway, interstate, or federal aid primary 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; and

5.3.g.2. Within ten thousand (10,000) feet of any airport runway used or planned for use by turbojet aircraft, or within five thousand (5,000) feet of any airport runway used only by piston type aircraft, or within other areas where a substantial bird hazard to aircraft would be created.

5.3.h. Historic and Cultural Resources. -- Describe any effect the zones will have on specific historic and cultural sites. A description of each historic or cultural site, including its size and location, should be listed in the plan.

5.3.i. The present or potential land uses for residential, commercial, recreational, environmental conservation, or industrial purposes. -- Provide the present land uses for the different zones, and realistic potential land uses for the zones. Describe how siting a facility in a particular zone will affect the existing and potential land uses. Zones in which landfills are authorized shall not be established within five hundred (500) feet of a dwelling occupied at the time a zone is established unless written permission is obtained from the owner of the dwelling.

5.3.j. The Public Health, Welfare, and Convenience. -- Describe how the established zones will protect the public health, welfare, and convenience, and still allow for the proper collection, transportation, and disposal of solid waste.

5.4. An authority may base its decision to prohibit solid waste facilities in a particular zone upon one or more of the criteria listed in subsection 5.3 of this rule. However, a decision to authorize solid waste facilities in a particular zone shall be made only after consideration of all of the criteria listed in subsection 5.3 of this rule.

5.5. The zones shall be established based upon readily available information.

5.5.a. "Readily available information" means relevant information which currently exists and can be obtained by the authority upon request of the appropriate agency or other entity.

5.5.b. Examples of potential readily available information or sources of such information include, but are not limited to:

5.5.b.1. County highway maps;

5.5.b.2. United States Geological Survey maps;

5.5.b.3. West Virginia Geological and Economical Survey;

5.5.b.4. West Virginia Bureau of Environment;

5.5.b.5. County and regional planning commissions;

5.5.b.6. West Virginia Development Office;

5.5.b.7. Local libraries;

5.5.b.8. West Virginia Department of Culture and History;

5.5.b.9. Local chambers of commerce;

5.5.b.10. County tax assessor's office;

5.5.b.11. Existing solid waste facilities, to the extent such information is relevant; and

5.5.b.12. Local solid waste haulers in the area.

5.6. An authority shall "authorize" or "prohibit" solid waste facilities in a given zone only when the readily available information clearly establishes that the facility should be authorized or prohibited in that zone. Otherwise, the authority shall "tentatively prohibit" facilities in the zone.

5.7. The establishment of zones pursuant to this rule shall be consistent with the comprehensive plan prepared by the county planning commission, if such plan exists.

W. Va. Code R. § 54-4-5