West Virginia Code § 22-15-23

Water treatment plant sludge
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(a) Water treatment plant sludge determined by the secretary to have beneficial properties
may be beneficially used in accordance with requirements determined necessary by the
secretary to protect human health and the environment. Persons seeking to beneficially use
water treatment plant sludge shall meet the requirements of this article and the rules
promulgated under this article. e
(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 tuhis 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: t
(1) A mechanism to determine beneficial use characteristics of water treatment plant sludge;
(2) A method to determine pollutant content of watler treatment plant sludge proposed for
beneficial use; s
(3) A method to determine that the beneficiial 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.

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