Notification Requirements

Hazardous Waste Activity

Hazardous Waste

Section 3010 of Subtitle C of the Resource Conservation and Recovery Act (RCRA) requires any person who generates, transports, or recycles regulated wastes or who owns or operates a facility for the treatment, storage or disposal of regulated wastes to notify EPA of their activities, including the location and general description of the activities and the regulated wastes handled. Respondents must submit the information required by completing the RCRA Subtitle C Site Identification form.

The form is available in Adobe PDF format to print. Please mail it to Marjorie Skeens, DEP, 601 57th Street S.E., Charleston, WV 25304.

  EPA Form 8700-12 - RCRA Subtitle C Site Identification Instructions

RCRA Subtitle C Site Identification Form

EPA Form 8700-23 - Hazardous Waste Part A Permit Instructions
Hazardous Waste Part A Permit Form

The WVDEP has joined the EPA and is now accepting RCRA Subtitle C Applications online.

To sign up please visit MyRCRAID.

Revisions to the Definition of Solid Waste

On October 7, 2008, EPA’s Administrator signed the Revisions to the Definition of Solid Waste (DSW) final rule (73 FR 64668, October 30, 2008), which excludes certain hazardous secondary materials that are reclaimed from the RCRA Subtitle C hazardous waste regulations, provided certain conditions and requirements are met. Under RCRA, to be considered a hazardous waste, a hazardous secondary material must first be determined to be a solid waste.

At this time, West Virginia is not authorized for this rule.

Episodic Generation

If a company generates enough waste in a given month to classify the generation in a higher category (e.g., small quantity generator to large quantity generator), this is referred to as episodic generation. A company generating enough waste to be placed in a higher category must notify the DEP in writing and comply with all other regulatory requirements of that category until the waste is removed from the generator’s site. For more information on episodic generation, please click here.

Notification of One-Time Event (Short Term/Temporary Generator)

Per 8700-12 EPA Application 10.A.2. Short-Term Generators are described as follows:

  • If the site is normally not a generator of hazardous waste, but is currently generating hazardous waste only as the result of a one-time, non-recurring, temporary event that is not related to normal production processes. In other words, short-term generators produce hazardous waste from a particular activity for a limited time and then cease conducting activity. Short-term generators are not considered episodic generators because episodic generators regularly generate hazardous waste as part of their operations but elevate to a higher generator category as a result of a planned or unplanned event.

Examples of short-term generators include:

  1. one-time highway bridge generation
  2. underground storage tank removals
  3. generation of off-specification or out-of-date checmials at a site that normally doesn't generate hazardous waste
  4. remediation or spill clean-up at sites with no previous EPA ID number
  5. site or production process decommissions by a new operator

If the short-term generation box is checked "Y", then an explanation of your short-term generation event MUST be listed in the comment section.

Upon completion of the one-time, non-recurring, temporary event, the facility must re-notify WVDEP of the completion in order to document that it is no longer generating hazardous waste. A copy of the hazardous waste manifest(s) associated with waste removal shall be included with this subsequent notification. A facility may be assessed an Annual Hazardous Waste Certification Fee, in accordance with WV 33CSR24, if subsequent notification and the completed/signed manifest(s) is not received within 90 days of the initial notification.

Short-Term Generator Request Form

Contact Information

For additional questions about notification requirements please contact:

Marjorie Skeens, Environmental Resources Specialist 3
West Virginia Department of Environmental Protection
Division of Water and Waste Management
601 57th St. SE
Charleston, WV 25304
Phone: (304) 926-0499 x43835