West Virginia Code of State Rules Agency 57 - Commercial Hazardous Waste Management Facility Siting Board
Here’s a detailed overview of West Virginia Code of State Rules – Agency 57: Commercial Hazardous Waste Management Facility Siting Board (Title 57, Series 57‑01):
🏗️ Scope & Purpose
Agency 57 establishes the Commercial Hazardous Waste Management Facility Siting Board, which governs the pre-siting, application, and approval processes for commercial hazardous waste facilities in West Virginia under W. Va. Code § 20‑10 and § 22C‑6. (regulations.justia.com, code.wvlegislature.gov)
📘 Definitions (Rule 57‑1‑2)
Key defined terms include:
Board: The siting board established under W. Va. Code § 20‑10‑3 (regulations.justia.com)
Commercial Hazardous Waste Management Facility: A facility that treats, stores, or disposes of hazardous waste generated by others (i.e., third-party) (regulations.justia.com)
Construction: Includes new installations or expansions increasing capacity by ≥ 50% (regulations.justia.com)
🚫 Exemptions (Rule 57‑1‑3)
Excluded from siting rules are:
Self‑generated, non-commercial hazardous waste facilities.
On‑site production fuel facilities.
Pretreatment facilities for publicly owned treatment works (POTWs). (law.cornell.edu)
Additional exemptions may be granted for emergency, compliance-driven, or safety improvements.
📝 Application & Pre‑Siting (Rule 57‑1‑4)
Applicants must follow a structured pre-siting and approval process:
Pre-siting notices and public hearings in the host community.
Referendum: A local vote approving the facility.
Upon majority approval, applicants must submit a complete application using the Board’s outline, including detailed site drawings, environmental impact analysis, public health assessments, and application fees (20 copies required). (regulations.justia.com, apps.sos.wv.gov)
The Board has 60 days to determine application completeness; incomplete applications incur a $2,500 resubmission fee, and applicants must pay a $100,000 certified check to the state siting fund. (law.cornell.edu)
📜 Statutory Authority & Effective Dates
Rules are codified under Chapter 20, Article 10 (siting board) and Chapter 22C, Article 6 (definitions/authority). (code.wvlegislature.gov)
Series 57‑01 became effective on May 19, 1994, and remains current through March 21, 2025 (Register Vol. XLII, No. 12). (apps.sos.wv.gov)
✅ Summary at a Glance
Topic
Highlights
Definitions
Commercial facility = accepts third-party hazardous waste
Exemptions
Non-commercial, on-site fuel, POTW pretreatment ruled out
Pre‑Siting
Notices → Hearing → Local referendum necessary
Application Requirements
Detailed site plans, environmental & health studies, maps, permit listings, 20 copies + certifications
Fees & Timeline
$100,000 application fee; $2,500 for resubmissions; 60-day completeness review
Authority
W. Va. Code § 20‑10 & § 22C‑6
Effective Since
May 19, 1994; valid at least through March 21, 2025
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