CHARLESTON — Delegate Barbara Evans Fleischauer, D-Monongalia, succeeded this week in slightly beefing up proposed Department of Environmental Protection rules to govern horizontal well drill cutting waste dumped in certain municipal landfills.

The rules stem from HB 107, passed during a special session in March, allowing the DEP to approve certain commercial landfills to receive drill cuttings and drilling waste above their monthly tonnage limits, provided they place the cuttings in separate, specially designed and lined cells.

The Legislative Rule-Making Review Committee has been working with the DEP on the rules and expects to deliver them to the full Legislature for approval after the session begins in January.

The committee approved two of Fleischauer’s three proposed amendments, rejecting one dealing with radiation.

The first deals with toxins in the waste. The rule includes a list and members OK’d Fleishauer’s proposal to add toulene and xylene.

The second deals with leachate from the liner. Fleischauer added quarterly testing for toxins to certify the liner’s integrity.