West Virginia Code of State Rules Agency 33 - Waste Management, Division Of Water And Waste Management
West Virginia Code of State Rules, Agency 33, is the comprehensive set of regulations for Waste Management in West Virginia, specifically administered by the Division of Water and Waste Management (DWWM), which is a division within the West Virginia Department of Environmental Protection (WVDEP).
The DWWM's mission, and thus the focus of these rules, is to preserve, protect, and enhance the state's watersheds for the benefit and safety of all its citizens through the implementation of programs controlling:
Hazardous waste
Solid waste
Surface & groundwater pollution, from any source
Agency 33 contains numerous "Series" (chapters) that detail specific rules for various types of waste and pollution control. Here's a breakdown of the key areas covered:
I. Solid Waste Management:
Solid Waste Management Rule (Series 33-01): This is the foundational rule for the management and disposal of non-hazardous solid waste, including requirements for landfills, transfer stations, and other solid waste facilities.
Disposal of Completion or Production Waste (Series 33-01A): Specific rules for waste generated during oil and gas exploration and production.
Requirements for the Management of Coal Combustion Residuals (Series 33-01B): Regulations for the disposal and management of coal ash from power plants.
Sewage Sludge Management Rule (Series 33-02): Rules for the treatment, disposal, and beneficial use of sewage sludge.
Yard Waste Composting Rule (Series 33-03): Regulations for composting yard waste.
Lead Acid Battery Rule (Series 33-04): Rules for the proper management and recycling of lead-acid batteries.
Waste Tire Management Rule (Series 33-05): Regulations for the collection, storage, processing, and disposal of waste tires.
Solid Waste Assessment Fee Exemptions (Series 33-06): Details exemptions from solid waste assessment fees.
Proof of Proper Solid Waste Disposal (Series 33-07): Requirements for demonstrating proper disposal.
Recycling Assistant Grant Program (Series 33-10): Rules for a grant program to assist with recycling efforts.
Covered Electronic Devices Takeback Program (Series 33-11) and Recycling Rule (Series 33-12): Regulations for the collection and recycling of electronic waste.
II. Hazardous Waste Management:
Hazardous Waste Management System (Series 33-20): This is a critical series, often mirroring federal RCRA (Resource Conservation and Recovery Act) regulations, governing the identification, generation, transportation, treatment, storage, and disposal of hazardous waste.
Commercial Hazardous Waste Management Facility Siting Fees (Series 33-21): Fees associated with siting commercial hazardous waste facilities.
Hazardous Waste Management Fee (Series 33-24): Rules for fees assessed on hazardous waste management.
Hazardous Waste Emergency Response Fund Procedural Rule (Series 33-26): Procedures for assessing fees to support the hazardous waste emergency response fund.
Hazardous Waste Administrative Proceedings and Civil Penalty Assessment (Series 33-27): Rules for administrative enforcement and penalty assessment for hazardous waste violations.
III. Water Pollution and Groundwater Protection:
While many general water quality standards are found in other WAC titles (like 47 CSR 2 for Water Quality Standards), Agency 33 includes rules that directly relate to waste management and its impact on water:
Groundwater Protection Standard (Series 33-23): Standards to protect the state's groundwater resources from contamination.
Underground Storage Tanks (Series 33-30): Regulations for the installation, operation, closure, and remediation of underground storage tanks to prevent leaks that could contaminate soil and groundwater.
Underground Storage Tank Fee Assessments (Series 33-31) and Insurance Trust Fund (Series 33-32): Fees and procedures related to the state's UST program and insurance fund.
Standards for Beneficial Use of Materials Similar to Sewage Sludge (Series 33-08): Rules for using certain waste materials in a beneficial way that doesn't harm the environment.
Standards for Beneficial Use of Filtrate from Water Treatment Plants (Series 33-09): Similar rules for byproducts of water treatment.
IV. General Enforcement and Administration:
Assessment of Civil Administrative Penalties (Series 33-22): General rules for assessing civil penalties for violations across various waste management programs.
Reclamation of Abandoned and Dilapidated Properties Grant Program (Series 33-13): Rules for grants aimed at cleaning up abandoned properties.
Awarding of Matching Grants for Local Litter Control Programs (Series 33-41): Regulations for grant programs to combat litter.
In summary, West Virginia Code of State Rules, Agency 33, is the cornerstone of West Virginia's efforts to manage waste responsibly, prevent pollution, and protect the state's precious water resources. It provides the detailed legal framework for businesses, municipalities, and individuals to comply with environmental laws related to solid waste, hazardous waste, and activities that could impact water quality.
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