West Virginia Code 22-15-22 – Sludge management
(a) Any sludge or other material determined by the secretary to have beneficial properties similar to sewage sludge may be beneficially used in accordance with the applicable requirements governing sewage sludge, and any other requirements determined to be necessary by the secretary to protect human health and the environment. Persons seeking to beneficially use sludge must meet the requirements of this article and the rules promulgated under this article.
Terms Used In West Virginia Code 22-15-22
- persons: means any industrial user, public or private corporation, institution, association, firm, or company organized or existing under the laws of this or any other state or country. See West Virginia Code 22-15-2
- Secretary: means the Secretary of the Department of Environmental Protection or such other person to whom the secretary has delegated authority or duties pursuant to §. See West Virginia Code 22-15-2
- Sewage sludge: means solid, semisolid, or liquid residue generated during the treatment of domestic sewage in a treatment works. See West Virginia Code 22-15-2
- Sludge: means any solid, semisolid, residue, or precipitate, separated from or created by a municipal, commercial, or industrial waste treatment plant, water supply treatment plant, air pollution control facility, or any other such waste having similar origin. See West Virginia Code 22-15-2
(b) In order to enhance the resource recovery and recycling goals of this act and to encourage the beneficial use of sludge or other materials, the secretary shall propose for promulgation in accordance with the provisions of article three, chapter twenty-nine-a of this code, emergency and legislative rules to effectuate the purposes of this section. The secretary shall at a minimum include the following in the proposed rules:
(1) A mechanism to determine beneficial use characteristics;
(2) A method to determine pollutant content of the material proposed for beneficial use;
(3) A method to determine that the beneficial properties of the material are derived from the raw material rather than additives;
(4) Buffer zones or other criteria necessary to adequately protect ground and surface water;
(5) Necessary restrictions of pollutant levels in the material;
(6) Analytical methods, loading rates and storage requirements for the material;
(7) Permit requirements; and
(8) Appropriate fees.
(c) These rules do not apply to land-based aquaculture facilities.