The construction of a transfer station at a closed landfill in West Virginia is governed primarily by Title 33, Series 1 of the West Virginia Code of State Rules (33CSR1), known as the Solid Waste Management Rule.
In West Virginia, transfer stations are categorized as "Solid Waste Facilities" and must adhere to specific siting and setback requirements to protect public health and the environment, particularly when integrated into a site undergoing post-closure care.
Key Setback and Siting Parameters
Under 33CSR1-3.1 and 3.2, the following setbacks and prohibitions generally apply to the siting of solid waste facilities, including transfer stations:
Property Boundaries: Facilities typically cannot be located within 100 feet of an adjacent property owner's boundary line without written permission.
Occupied Dwellings: A minimum setback of 500 feet is generally required from the nearest occupied dwelling, unless a waiver is obtained.
Public Roads: Facilities should be set back at least 50 feet from a federal or state highway right-of-way and 25 feet from city street rights-of-way.
Water Sources: * Public/Private Water Supply: Must be at least 1,200 feet from a public water supply well and 500 feet from a private water supply well.
Surface Water: Must be at least 300 feet from a regularly flowing stream, perennial stream, lake, or pond.
Institutional Facilities: A setback of 500 feet is standard for schools, churches, or similar institutions.
Special Considerations for Closed Landfills
Locating a transfer station at a closed landfill introduces additional regulatory layers regarding the integrity of the landfill's final cap and post-closure monitoring:
Cap Integrity: The facility cannot be constructed in a way that interferes with the landfill’s final cover, liner, or leachate collection system. Under 33CSR1-6, any activity on a closed landfill must be approved by the Secretary of the DEP to ensure it does not increase the potential for environmental release.
Gas Migration: Because transfer stations involve enclosed structures, they must comply with 33CSR1-3.1.f, which prohibits methane or explosive gas concentrations from exceeding 25% of the Lower Explosive Limit (LEL) in facility structures.
Post-Closure Maintenance: The owner must demonstrate that the transfer station's operation will not impede groundwater monitoring or the long-term maintenance of the closed landfill cells.
Permitting Process
To establish this facility, you must typically complete the following:
Certificate of Need (CON): Obtained from the West Virginia Public Service Commission.
Siting Approval: Verification from the local County or Regional Solid Waste Authority that the site is included in their comprehensive plan.
Permit Modification: If the landfill is already under a closure permit, a "Major Modification" is usually required to add the transfer station operations to the site's permit.
Next Step: Would you like me to find the specific West Virginia DEP contact information for the Solid Waste Unit to verify if there are any site-specific variances for your county?
To assist with your inquiry, I have gathered the relevant contact information for the West Virginia Department of Environmental Protection (WVDEP) and the Solid Waste Management Board (SWMB).
Since setback requirements and post-closure land use are often handled on a case-by-case basis through permit modifications, reaching out to these units is the best way to confirm if a specific closed landfill site in your county is eligible for a transfer station.
Primary Regulatory Contacts
The Division of Water and Waste Management (DWWM) is the lead agency for solid waste permitting and landfill oversight.
DWWM Main Office (Charleston):
Phone: 304-926-0495
Director: Jeremy Bandy
Assistant Chief Inspector (Waste Management): Joe Sizemore (304-926-0499 ext. 49726)
Solid Waste Management Board (SWMB):
Phone: 304-926-0448
Function: Coordinates with local Solid Waste Authorities (SWA) and handles the "Certificate of Need" and siting plan integration.
Regional Offices (For Local Variances)
Depending on which county the landfill is located in, you should contact the corresponding regional office to discuss site-specific setbacks or history:
| Region | Office Location | Phone Number |
| North Central | Fairmont | 304-368-3960 |
| Southeast | Fayetteville | 304-574-4465 |
| Northwest | Parkersburg | 304-420-4635 |
| Northeast | Romney | 304-822-7266 |
Key Questions to Ask the DEP
When you call, it is helpful to have the Landfill Permit Number (if known) and ask the following:
"Does the current post-closure plan for this specific landfill permit an 'incompatible use' like a transfer station?"
"Are there any site-specific groundwater monitoring wells or gas probes that would require an increased setback beyond the standard 100 feet?"
"What is the process for a 'Major Modification' to the existing closure permit to allow for surface construction?"
Would you like me to look up the specific contact person for your local County Solid Waste Authority to see if this project aligns with their current 20-year management plan?
Yes, I can certainly help you with that. In West Virginia, the County or Regional Solid Waste Authority (SWA) is the primary body that must include any new facility (like a transfer station) in its Siting Plan and Comprehensive Litter and Solid Waste Control Plan.
Without these local approvals, the state DEP cannot issue a permit. Below is the contact information for several key authorities.
Key County Solid Waste Authority Contacts
If your project is in one of these high-activity counties, these are the current directors or primary offices as of 2026:
| County/Region | Primary Contact / Director | Phone Number | Email / Website |
| Kanawha | Executive Director | 304-342-4477 | kanawharecycles.org |
| Monongalia | Director | 304-292-3801 | moncountyswa@gmail.com |
| Wood | Sarah Robinson | 304-424-1873 | directorwcswa@outlook.com |
| Berkeley | SWA Main Office | 304-267-9370 | berkeleycountyswa.com |
| Region VIII (Grant, Hardy, etc.) | Angie Curl | 304-257-2644 | acurl@region8swa.org |
| Jefferson | SWA Office | 304-728-0430 | jeffersoncountywv.org |
| Raleigh | Paula Crutchfield | 304-255-9335 | paula@raleigh-swa.org |
Why the "20-Year Plan" Matters
West Virginia state law requires these plans to be updated frequently (the state-wide plan is updated every two years, while county plans are updated every five). When you contact them, you should specifically ask:
Siting Plan Inclusion: "Is the closed landfill site currently designated as a 'preferred' or 'allowable' area for solid waste facility expansion in the county's Siting Plan?"
Certificate of Need (CON): If the SWA does not support the project, obtaining a CON from the Public Service Commission becomes significantly more difficult.
Local Setback Ordinances: While I provided the state-level setbacks (like the 500-foot rule for dwellings), some counties have stricter local zoning or "buffer zone" requirements that supersede state minimums.
The is located in Marlinton and handles the administrative and operational aspects of the county's waste infrastructure, including the .
Address: 900 10th Ave C, Marlinton, WV 24954.
Primary Functions: Oversees the county's landfill, coordinates the "Green Box" collection sites, and manages local compliance with West Virginia's solid waste regulations.
Role in Planning: This authority must approve any updates to the county's 20-year comprehensive waste management plan, which is a prerequisite for state-level permitting of a new transfer station.
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Siting a transfer station at an existing or closed sanitary landfill in West Virginia offers the advantage of using "brownfield" land, but it introduces several complex engineering, environmental, and regulatory hurdles.
The primary challenges can be categorized into structural integrity, environmental safety, and operational conflicts.
1. Structural & Engineering Challenges
Settlement and Subsidence: Landfills are inherently unstable. As organic waste decomposes, the ground settles unevenly over decades. Building a heavy transfer station (which requires a thick concrete tipping floor and heavy machinery) can lead to cracking of the slab or structural failure if the foundation is not specially engineered with deep piles.
Cap Integrity: To build on a closed landfill, you must ensure the final cover (cap) is not breached. Piercing the cap for foundations or utility lines can allow water to infiltrate the waste, significantly increasing leachate production (contaminated liquid) that must then be treated.
Weight Constraints: Transfer stations involve constant traffic from heavy packer trucks and long-haul trailers. The existing access roads and the ground near the landfill cells may not be rated for the high-frequency "axle loads" required for a modern transfer operation.
2. Environmental & Gas Management
Methane Migration: Decomposing waste produces methane, which is explosive. West Virginia rule 33CSR1-3.1.f strictly prohibits methane concentrations above 25% of the Lower Explosive Limit (LEL) in facility structures. Enclosed transfer buildings on top of a landfill require advanced vapor barriers and active ventilation systems to prevent gas from accumulating indoors.
Leachate Management: A transfer station generates its own "wash-down" water and runoff from the tipping floor. Integrating this new waste stream into the landfill’s existing leachate collection system can overwhelm the system or violate existing permit limits.
Groundwater Monitoring: The footprint of a new transfer station must not interfere with the network of groundwater monitoring wells. If a station blocks access to these wells, the entire monitoring network may need to be redesigned and re-permitted, a costly and slow process.
3. Regulatory & Permitting Hurdles
Permit Modifications: Adding a transfer station to a landfill site is considered a "Major Modification" by the WVDEP. This requires a full technical review, public notice, and often a public hearing.
Incompatible Use: Under post-closure care (which lasts 30 years in WV), the site must be maintained to minimize the threat to human health. Regulators may view a busy transfer station as an "incompatible use" if it risks damaging the environmental controls (like gas vents or liners) already in place.
Zoning and Siting Plans: Even if the DEP approves, the County Solid Waste Authority must verify the project aligns with their 20-year plan. If the plan only designated the site for "disposal" and not "transfer," a formal plan amendment is required.
4. Operational & Social Issues
Traffic Congestion: While the landfill is "closed" to public disposal, the transfer station will bring in a high volume of trucks. If the site is at the end of a narrow county road (common in mountainous WV), the local community may oppose the project due to noise, dust, and road wear.
Vector Control: Bringing fresh, "wet" garbage to a site that was previously sealed and dormant can re-introduce problems with rodents, birds, and odors, leading to complaints from neighbors who thought the waste issues ended when the landfill closed.
Comparison of Siting Scenarios
| Issue | On the Landfill Cap | On "Adjacent" Landfill Property |
| Foundation Cost | Very High (requires piles/reinforcement) | Standard |
| Gas Risk | High (direct methane exposure) | Low (migration only) |
| Permit Difficulty | Extreme (Major Modification) | Moderate |
| Cap Damage | Potential for breach | No risk to cap |
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