(b) In order to enhance the resource recovery and recycling goals of this article and to encourage the beneficial use of water treatment plant sludge, the Secretary shall propose, for promulgation, legislative rules to effectuate the purposes of this section in accordance with the provisions of article three, chapter twenty-nine-a of this code. The Secretary shall, at a minimum, include the following in the proposed rules:
(1) A mechanism to determine beneficial use characteristics of water treatment plant sludge;
(2) A method to determine pollutant content of water treatment plant sludge proposed for beneficial use;
(3) A method to determine that the beneficial properties of the water treatment plant sludge 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 water treatment plant sludge;
(6) Analytical methods and storage requirements for water treatment plant sludge;
(7) Permit requirements; and
(8) Appropriate fees.
Note: WV Code updated with legislation passed through the 2016 Regular Session
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