(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.
Note: WV Code updated with legislation passed through the 2016 Regular Session
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