W. Va. Code R. § 64-110-22

Current through Register Vol. XLI, No. 18, May 3, 2024

Section 64-110-22 - Management and disposal of medical cannabis waste

22.1. Medical cannabis waste generated by a grower/processor or an approved laboratory must be stored, collected and transported in accordance with W. Va. Code § 22-15-1et seq. (Solid Waste Management Act), provided the medical cannabis waste is not hazardous.

22.2. The following types of medical cannabis waste must be rendered unusable and unrecognizable prior to being transported from a grower/processor or an approved laboratory:

22.2.a. Unused, surplus, returned, recalled, contaminated, or expired medical cannabis; and

22.2.b. Any medical cannabis plant material that is not used in the growing, harvesting, or processing of medical cannabis, including flowers, stems, trim, leaves, seeds, dead medical cannabis plants, dead immature medical cannabis plants, unused medical cannabis plant parts, and unused immature medical cannabis plant parts or roots.

22.3. Medical cannabis waste is unusable and unrecognizable if all components of the waste are indistinguishable and incapable of being ingested, inhaled, injected, swallowed, or otherwise used for certified medical use. Acceptable methods of rendering the waste unusable and unrecognizable include thermal treatment or melting; shredding, grinding or tearing; and incorporating the medical cannabis waste with other municipal waste.

22.4. Unusable and unrecognizable medical cannabis waste identified in subsection 22.2. and other solid or semi-solid medical cannabis waste that is not hazardous must be disposed of at a permitted municipal waste landfill or processed at a permitted resource recovery facility or incinerator.

22.5. Wastewater or spent hydroponic nutrient solution generated or produced from the growing, harvesting, or processing of immature medical cannabis plants or medical cannabis plants must be managed in accordance with one of the following:

22.5.a. Discharged into a permitted sewage treatment system in accordance with local, federal and state requirements, including the Water Pollution Control Act (W. Va. Code § 22-11-1et seq.);

22.5.b. Treated and discharged into waters of the state under a National Pollutant Discharge Elimination System permit or water quality management permit in accordance with the requirements of including the Water Pollution Control Act (W. Va. Code § 22-11-1et seq.); and

22.5.c. Disposed in a solid waste landfill if placed in a container that is less than 1 gallon in size.

22.6. Hazardous waste must be managed in accordance with federal and state law, rules and regulations related to hazardous waste, including sections 3001-3024 of the Resource Conservation and Recovery Act of 1976 (42 U.S.C.A. §§ 6921-6939g), the Hazardous Waste Management Act (W. Va. Code § 22-18-1et seq.) and rules promulgated thereunder.

22.7. The type of medical cannabis waste identified in subdivision 22.2.b. may be composted and beneficially used at the grower/processor facility through a permit provided the requirements of 33CSR3 (Yard Waste Composting Rule) are satisfied, and the compost is beneficially used at the grower/processor facility as a soil substitute, soil conditioner, soil amendment, fertilizer, or mulch.

W. Va. Code R. § 64-110-22