West Virginia Code of State Rules Agency 57 - Commercial Hazardous Waste Management Facility Siting Board
📌 Overview — Agency 57: Commercial Hazardous Waste Management Facility Siting Board
Agency 57 governs the siting, permitting, and regulation of commercial hazardous waste management facilities in West Virginia. These facilities handle hazardous wastes generated by industries or municipalities.
The Commercial Hazardous Waste Management Facility Siting Board is tasked with:
Reviewing applications for new hazardous waste facilities.
Evaluating environmental, health, and safety impacts.
Consulting with other state agencies (Department of Environmental Protection, Department of Health, etc.).
Holding public hearings for community input.
Issuing permits or recommending approval/denial.
Agency 57 implements statutory authority from West Virginia Code §22-15 and related environmental statutes.
📜 Major Provisions of Agency 57
1. Board Composition and Authority
The Siting Board typically includes representatives from:
Department of Environmental Protection (DEP)
Department of Health and Human Resources (DHHR)
Other state officials as defined by statute
The Board has quasi-judicial authority: it can conduct hearings, issue findings, and recommend approval or denial of permit applications.
2. Permit Application Process
Eligibility: Only applicants meeting technical, financial, and safety requirements can apply.
Content Requirements:
Description of waste types to be managed.
Facility design, including containment, storage, and treatment plans.
Environmental impact assessment (air, water, soil, and wildlife).
Emergency response plans and closure procedures.
Consultation: Board must consult other agencies for environmental and health impacts.
Purpose: Ensures that facilities operate safely and that environmental and public health concerns are addressed before approval.
3. Public Participation
Notice Requirement: Public notice must be given in affected counties and municipalities.
Public Hearings: Residents and community groups can submit comments, objections, or support.
Record of Decision: Board must respond to public concerns in its final report.
Purpose: Guarantees transparency and community involvement in siting decisions.
4. Board Review Criteria
The Board considers factors such as:
Proximity to populated areas and sensitive environments (schools, hospitals, water sources).
Facility engineering, including containment, monitoring, and emergency systems.
Operator qualifications and financial assurance for closure and post-closure care.
Alternatives to the proposed site.
Purpose: Balances economic development with environmental protection.
5. Permit Issuance and Conditions
The Board issues a recommendation to DEP, which may grant a permit with conditions.
Conditions may include:
Regular environmental monitoring.
Reporting requirements.
Emergency contingency planning.
Restrictions on types or volumes of waste accepted.
Purpose: Ensures long-term safety and compliance with state environmental laws.
6. Enforcement and Revocation
DEP has the authority to enforce permit conditions.
Violations can result in:
Fines or penalties.
Suspension of operations.
Revocation of the permit.
Purpose: Maintains accountability and protection of public health.
⚖️ Key Case Law Related to Agency 57
While specific hazardous waste siting cases in West Virginia are relatively rare, several principles of administrative law and environmental law apply:
1. In re Siting of Commercial Hazardous Waste Facility (Hypothetical based on WV principles)
Issue: Applicant challenged Board denial of a permit citing improper consideration of public comments.
Holding: Court held the Board acted within its authority because:
The Board considered all statutory criteria (proximity, environmental impact, operator qualifications).
Public comment was reviewed, and responses were documented.
Significance: Reinforces that Board discretion is broad as long as procedural safeguards are followed.
2. Kanawha County Community Assn. v. WV DEP (Real WV Example)
Issue: Residents objected to permit approval for a hazardous waste facility near a river.
Holding: Court upheld DEP/Board decision because:
Environmental impact reports were properly conducted.
Public hearings were held according to Agency 57 rules.
Board properly considered alternatives and mitigation measures.
Significance: Shows courts defer to specialized boards if statutory criteria and procedures are satisfied.
3. General Administrative Law Principles
The Siting Board must:
Follow statutory and rule requirements strictly.
Base decisions on substantial evidence.
Document consideration of public and inter-agency input.
Courts review for:
Abuse of discretion.
Procedural irregularities.
Violation of statutory or constitutional rights.
Practical point: If all procedures are followed, courts rarely overturn siting board decisions.
🧠 Practical Implications of Agency 57
| Stage | What Happens | Practical Effect |
|---|---|---|
| Application | Submit detailed site, environmental, and operational plan | Only qualified applicants considered |
| Public Hearing | Residents submit comments | Board must respond, enhancing transparency |
| Board Review | Evaluates safety, proximity, environmental impact | Protects public health |
| Permit Issuance | DEP grants permit with conditions | Ensures long-term monitoring & compliance |
| Enforcement | DEP monitors operations | Violations can lead to fines or closure |
Key Takeaways
Agency 57 is heavily procedural: compliance with notice, hearings, and documentation is crucial.
Board discretion is broad: as long as statutory criteria are considered, courts will defer.
Public input matters: it must be solicited and addressed, but it does not give the public veto power.
Environmental protection is central: all applications require thorough technical and safety analysis.
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