Hazardous Waste Enforcement

Overview

The hazardous waste (HW) section with Environmental Enforcement promotes compliance by providing assistance and/or enforcing regulatory requirements of hazardous waste generators and hazardous waste treatment, storage and disposal facilities. HW continually works to advance the safe management of hazardous waste to protect human health and the environment.

Responsibilities

Duties and responsibilities of the Hazardous Waste section of Environmental Enforcement include:

  1. Inspections: Perform inspections and sampling to determine the compliance status of facilities that generate and / or handle hazardous waste.

  2. Enforcement: Utilize administrative, civil and criminal enforcement procedures to compel compliance when necessary.

  3. Citizen Complaints: Prioritize investigating and addressing citizen complaints in a timely manner.

  4. Spills and Emergency Response: Respond to chemical emergencies when necessary and investigates spills to insure proper cleanup and determine the compliance status of the incident.


Report an Emergency

In the event of a spill or emergency, immediately contact 1-800-642-3074.


Contents

File an Electronic Compliant

Environmental Enforcement Online Complaint Form

These complaints are reviewed Monday - Friday under normal business hours only. 

This page is for citizen complaints involving Dam Safety, Underground Storage Tanks, Hazardous Waste, or Water and Waste.  

Privacy Notice

Information you voluntarily provide will be a part of a public record and can be released. DEP will process your personal information (email address, mailing address and/or telephone number) in accordance with the State of West Virginia's Privacy Policy for appropriate and customary business purposes.  

Your personal information may be disclosed to other State agencies or third parties in the normal course of business or as needed to comply with statutory or regulatory requirements, including Freedom of Information Act requests. The Division of Water and Waste Management will appropriately secure your personal information.  If you have any questions about our use of your personal information, please contact the DEP's Chief Privacy officer at depprivacyofficer@wv.gov.  

This will be a public record. If you wish to remain anonymous, place check in box and do not enter your name or telephone number.  

 
 
 

Frequently Asked Questions

Frequently Asked Questions

The following are questions that are frequently answered by the HW staff.  

What does RCRA stand for?

RCRA stands for the Resource Conservation and Recovery Act. It is federal legislation requiring that hazardous waste be tracked from "cradle (generation) to grave" (disposal).  

What is a hazardous waste "generator"?

A generator is any person or site whose act or process produces hazardous waste identified or listed in 40 CFR Part 261 or whost act first causes a hazardous waste to become subject to the hazardous waste rules. 

How can I obtain a copy of the hazardous waste laws and regulations?

The following links reference the state regulations, statutes, and federal regulations: 

What is your generator status?

State and federal hazardous waste regulations classify hazardous waste generators into three categories based on the amount of hazardous waste (HW) they produce (generate) each month or have in storage on-site. Conditionally Exempt Generators (CEGs), the least regulated category, generate less than 220 pound of hazardous waste in a month and have less than 2,200 pounds of hazardous waste in storage. Large Quantity Generators (LQGs), the most regulated category, generate more than 13,200 pounds of hazardous waste in a month or have more than 13,200 pounds of hazardous waste in storage. Small Quantity Generators (SQGs) fall between these two categories (see table below). There is an exception to the general rules for CEG and SQG status. When a generator generates more than 2.2 pounds of acutely hazardous wastes (P-listed), this automatically places one in the Large Quantity Generator category. 

Amount of HW Drum Equivalends Generated/Month Stored On-Site
Up to 220 pounds Half a 55 gallon drum VSG Conditionally Exempt Generator
Up to 2,200 pounds Five 55 gallon drums Small Quantity Generator Conditionally Exempt Generator
Up to 13,200 pounds Thirty 55 gallon drums Large Quantity Generator Small Quantity Generator
Over 13,200 pounds Over thirty 55 gallon drums Large Quantity Generator Large Quantity Generator

How do I notify the state of my hazardous waste activity or what if my generator status changes?

Follow the instructions outlined on the Hazardous Waste notification requirements page.. 

What if hazardous waste generation rates vary widely from month to month?

For practical purposes, most businesses use their normal high generation rate months to determine their generator status and set up their hazardous waste management programs accordingly. However, should you wish to switch your generator category as it changes, please see Episodic Generation Regulatory Requirements page. 

What is a hazardous waste manifest and why is it required?

The hazardous waste manifest program is a key element in controlling hazardous waste. Using a set of forms, reports and procedures, the manifest program tracks hazardous waste from the time it leaves the generator facility where it is produced, until it reaches the off-site waste management facility that will store, treat, or dispose of the hazardous waste. This cradle-to-grave tracking system ensures that the hazardous waste is transported from the place of generation to the place of ultimate disposal without being tampered with, dumped, or otherwise illegally disposed of along the way. 

 
 

How can I reduce hazardous waste generation?

First, a complete evaluation of all products purchased that end up as hazardous wastes should be completed. Are these products necessary? Are there non-hazardous alternatives? Second, good housekeeping practices can often reduce hazardous waste generation. If your facility is using large quantities of absorbents for spills, actions should be taken to reduce the occurrence of spills to both reduce hazardous waste generation and to achieve a safer, cleaner work environment. Third, seek assistance. Generator assistance can be obtained from DEP by contacting by calling 304-926-0499 extension 1130 or your local inspector. For a link to your local hazardous waste inspector, please refer to our Hazardous Waste Staff Contacts page. 

 
 
 

Quality Assurance Program Plan

This Quality Assurance Program Plan (QAPrP) is intended for use by the West Virginia Department of Environmental Protection (WV DEP), Division of Water and Waste Management (DWWM), Office of Environmental Enforcement (EE), Hazardous Waste (HW) Program. The relevant statute for this Program is the WV State Code Chapter 22 Article 18 (WVSC §22-18), the Hazardous Waste Management Act and WV Code of State Rules Title 33 Article 20 (33 CSR 20), the Hazardous Waste Management Rule promulgated to enforce this Act. Federal hazardous waste regulations are incorporated by reference into the WV Hazardous Waste Management System. The primary beneficiaries of this plan will be the Hazardous Waste inspection staff. The QAPrP will be reviewed and updated, at a minimum, once every five (5) years minimum.  

 

Resources

 
 

This QAPrP is intended as a Program-specific supplement to the WVDEP Quality Management Plan (QMP) 2021 revision. As such, this QAPrP encompasses the activities of EE/HW as a whole, and is applicable to individual activities and projects including inspection, sampling, emergency response, enforcement actions, remediation oversight and data entry. When the need for a Sampling and Analysis Plan (SAP) for a project is determined, a brief site-specific SAP will be generated in accordance with this QAPrP. Sampling is generally biased, and factors determining the need for a SAP may vary, and include scope, scale and complexity of the project. United States Environmental Protection Agency (US EPA) Region 9 QAPP guidance was used in the development of this plan, including Project Plan Elements for Sampling and Analysis Plan (SAP) designs.  

 
 

Hazardous Waste Program

The Hazardous Waste Program governs regulatory requirements intended to ensure proper cradle-to-grave management of hazardous waste.  

Activities performed by EE/HW personnel include, but are not limited to, the following:  

  • Compliance Evaluation Inspections of regulated Hazardous Waste facilities. 

  • Groundwater Monitoring Evaluations and Operation & Maintenance Inspections at Hazardous Waste facilities holding RCRA Subtitle C Permits. 

  • Complaint Investigations of potential RCRA Hazardous Waste violations. 

  • Sampling of known and suspected hazardous wastes. 

  • Regulatory review of RCRA Permits and Plans of Corrective Action. 

  • Emergency Response activities involving release or potential release of hazardous materials or hazardous waste. 

  • Administrative, civil and criminal enforcement actions for non-compliance with Hazardous Waste regulations. 

The Hazardous Waste Program is designed as a regulatory program for ensuring regulated facilities are in compliance with applicable RCRA Subtitle C standards.  

 

Hazardous Waste Stakeholders

EE/HW maintains a direct relationship with various primary and secondary Hazardous Waste stakeholders, such as, but not limited to: 

  • Citizens of West Virginia 

  • Hazardous Waste management facility owners and operators 

  • US EPA and other Federal Regulatory Agencies 

  • State, County, and Municipal agencies 

  • Emergency Response agencies 

  • Trade Organizations, Environmental Groups, and Consultants 

 
 

Hazardous Waste Generator Assistance

The following documents list private providers of various hazardous waste services in West Virginia. To help us keep these lists updated, if you know of companies that should be included, or find information in the documents that is incorrect, please contact us.  

 
 

Hazardous Waste Disposal Services

  • Hazardous Waste Services

    Produced for generator assistance only. This is not an endorsement by WVDEP. This list contains only companies known to provide services within West Virginia.  

  • Used Oil Services

    These companies provide various used oil services from testing and transportation to recycling and disposal. This list is provided for generator assistance only, it is not an advertisement, endorsement of services, nor certification of licensing.  

  • Universal Waste Lamp Recyclers

    This is a partial listing of facilities that WVDEP-DWWM is aware of that provide collection or recycling services for mercury-containing universal waste lamps and/or ballasts. This list is not to be considered an endorsement or approval of these facilities. Its intent is to give interested parties a place to start to find a recycling facility for their used lamps.  

  • Universal Waste Battery Recyclers

    This is a partial listing of facilities that WVDEP-DWWM is aware of that provide collection or recycling services for universal waste batteries. This list is not to be considered an endorsement or approval of these facilities. Its intent is to give interested parties a place to start to find a recycling facility for their used batteries.  

  • Silver Recovery and Film Recycling

    The companies listed below recycle silver from recovery units, scrap film, and photo papers. Where available, a web site address has been provided for faster information search. They are listed in no specific order. We do not recommend any one particular, but suggest you contact several or all to get the best arrangement for your facility. We also suggest you contact the manufacturer(s) of your developing units and processing chemicals since they may be able to provide this service also.  

 
 

Additional Resources

  • Hazardous Waste Generator Regulations Compendium

    A user-friendly reference to assist EPA and state staff, industrial facilities generating and managing solid and hazardous wastes, as well as the general public, in locating resources addressing specific regulatory issues within the federal hazardous waste generator program.
     

  • Managing Hazardous Waste: A Guide for Small Businesses

    This handbook provides an overview of the regulations to give you a basic understanding of your responsibilities when generating and managing hazardous waste. It should not be used as a substitute for the actual requirements. All of the federal hazardous waste regulations are located in Title 40 of the Code of Federal Regulations (CFR), Parts 260 to 299 (www.ecfr.gov).
    Date: October, 2019  

  • Pharm Rule Guidance for HFs and RDs

    Hazardous Waste Pharmaceuticals & Amendment to the Nicotine (P075) Listing.  

 
One of EE's goals is to provide cradle-to-grave oversight of hazardous waste activities
One of EE's goals is to provide cradle-to-grave oversight of hazardous waste activities
 
 
 

Contact Us

Travis Lawson, Inspector Specialist
1000 Technology Drive
Suite 3220
Fairmont, WV 26554
Phone: (304) 368-3960
Email: Travis.T.Lawson@wv.gov
 

 

Matt Smith, Inspector Specialist
601 57th Street SE
Charleston, WV 25304
Phone: (304) 926-0499
Email: Matthew.T.Smith@wv.gov  

 
 

Related Links



Contact Us

Use the contact information below to reach out to the hazardous waste (HW) section with Environmental Enforcement with questions.

Joe Sizemore
Assistant Chief Inspector

601 57th Street SE
Charleston, WV 25304
Phone: (304) 926-0499 x49726
Email: Joe.M.Sizemore@wv.gov 

John Killian
Environmental Inspector Supervisor

601 57th Street SE
Charleston, WV 25304
Phone: (304) 926-0499 x49725
Email: John.D.Killian@wv.gov

Travis Lawson
Environmental Inspector Specialist

1000 Technology Drive
Suite 3220
Fairmont, WV 26554
Phone: (304) 368-2000 x1022442045
Email: Travis.T.Lawson@wv.gov

Matt Smith
Environmental Specialist

601 57th Street SE
Charleston, WV 25304
Phone: (304) 926-0499 x49727
Email: Matthew.T.Smith@wv.gov

Environmental Inspectors

Contact Map

Hazardous Waste Regional Map
Hazardous Waste Regional Contact Map
 
 

Northeast

Tim Keller
Environmental Inspector

1000 Technology Drive
Suite 3220
Fairmont, WV 26554
Phone: (304) 368-2000 x1022442043
Email: Timothy.Keller@wv.gov  

Counties Served: Barbour, Marion, Monongalia, Pocahontas, Preston, Randolph, Taylor, Tucker 

 
 

Northern Panhandle

Lucas Stan
Environmental Inspector

131 A Peninsula Street
Wheeling, WV 26003
Phone: (304) 822-7266 x3607
Email: Lucas.A.Stan@wv.gov  

Counties Served: Brooke, Hancock, Marshall, Ohio, Pleasants, Tyler, Wetzel 

 
 

North Central

Mark Smith
Environmental Inspector

1000 Technology Drive
Suite 3220
Fairmont, WV 26554
Phone: (304) 368-2000 x1022442009
Email: Mark.M.Smith@wv.gov  

Counties Served: Braxton, Clay, Doddridge, Gilmer, Harrison, Lewis, Nicholas, Ritchie, Upshur, Webster 

 
 

Eastern Panhandle

Mark Kesner
Environmental Inspector

22288 Northwestern Pike
Romney, WV 26757
Phone: (304) 822-7266 x3652
Email: Mark.J.Kesner@wv.gov  

Counties Served: Berkeley, Grant, Hampshire, Hardy, Jefferson, Mineral, Morgan, Pendleton 

 
 

Northwest

Chad Longanacre
Environmental Inspector

2311 Ohio Avenue
Parkersburg, WV 16101
Phone: (304) 574-4471
Email: Chad.A.Longanacre@wv.gov  

Counties Served: Calhoun, Jackson, N. Kanawha, Roane, Wirt, Wood 

 
 

Southeast

Casey Stutler
Environmental Inspector

601 57th Street SE
Charleston, WV 25304
Phone: (304) 926-0499 x 49728
Email: Casey.A.Stutler@wv.gov  

Counties Served: Fayette, Greenbrier, S. Kanawha, McDowell, Mercer, Monroe, Raleigh, Summers, Wyoming 

 
 

Southwest

Troy Vermillion
Environmental Inspector

601 57th Street SE
Charleston, WV 25304
Phone: (304) 926-0499 x49729
Email: Troy.P.Vermillion@wv.gov  

Counties Served: Boone, Cabell, Lincoln, Logan, Mason, Mingo, Putnam, Wayne 

 
 
 

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