W. Va. Code R. § 33-6-2 - Solid Waste Assessment Fee Exemptions

2.1. Exemptions for Certain Facility Owners, Operators, and Lessees. -- A person who owns, operates, or leases an approved solid waste disposal facility is exempt from the payment of solid waste assessment fees, upon the receipt of a Certificate of Exemption from the director, if that facility is used exclusively to dispose of waste originally produced by such person in his or her regular business or personal activities or by persons utilizing the facility on a cost-sharing or nonprofit basis.

2.1.a. In order to obtain a Certificate of Exemption under subsection 2.1 of this rule, a person must submit the following information to the Division of Environmental Protection on the form provided in Appendix A of this rule:

2.1.a.1. The name, address, and telephone number of the person applying for the exemption;

2.1.a.2. A notation of the status of the person applying for the exemption as either the owner, operator, or lessee of the approved solid waste disposal facility;

2.1.a.3. The location and permit number of the facility;

2.1.a.4. A description of the origins, types, and estimated amounts of all wastes disposed of at the facility;

2.1.a.5. A brief description of each business or activity that produces the wastes disposed of at the facility;

2.1.a.6. The name, address, and telephone number of each person utilizing the facility on a cost-sharing or nonprofit basis; and

2.1.a.7. A summary of the legal documents that describe the relationship between the owner, operator, or lessee of the approved facility and the other person or persons disposing of solid waste at the facility. Copies of the actual documents may be requested by the director.

2.2. Exemption for Reused or Recycled Solid Waste. -- A person who segregates and delivers his or her solid waste to an approved resource recovery or recycling facility for the purpose of reuse or recycling of that waste is exempt from the payment of solid waste assessment fees upon the receipt of a Certificate of Exemption from the director.

2.2.a. In order to obtain a Certificate of Exemption under subsection 2.2 of this rule, a person must submit the following information to the Division of Environmental Protection on the form provided in Appendix A of this rule:

2.2.a.1. The name, address, and telephone number of the person applying for the exemption;

2.2.a.2. The location and permit number of the facility to which the waste is delivered for reuse or recycling;

2.2.a.3. A description of the origin, type, and estimated amount of the waste delivered for reuse or recycling;

2.2.a.4. A brief description of the process or method of reusing or recycling the delivered waste; and

2.2.a.5. A notarized statement from the owner or operator of the approved facility that certifies that a reuse or recycling process is in operation at his or her facility and that the delivered waste will in fact be reused or recycled.

Notes

W. Va. Code R. § 33-6-2