Senate Bill No. 775
(By Senators Wooton, Ball, Bowman, Dittmar, Kessler,
Oliverio,
Schoonover, Snyder, White, Buckalew and Kimble)
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[Originating in the Committee on the Judiciary;
reported March 5, 1998.]
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A BILL to amend article four, chapter twenty-two-c of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
thirty-one; and to amend article two, chapter twenty-four of
said code by adding thereto a new section, designated section
one-j, all relating generally to solid waste management;
defining terms; establishing mandatory collection; providing
for green boxes and convenience centers; requiring development
of system for collection; establishing criteria for
consideration; providing that the public service commission,
division of environmental protection, division of natural
resources, solid waste authorities, solid waste board and
certificated motor carriers shall develop collection system;
providing for public hearings; retaining existing services; establishing penalties; and providing that public service
commission shall enforce mandatory collection.
Be it enacted by the Legislature of West Virginia:
That article four, chapter twenty-two-c of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section thirty- one; and that article two, chapter twenty-four of said code be
amended by adding thereto a new section, designated section one-j
all to read as follows:
CHAPTER 22C. ENVIRONMENTAL RESOURCES; BOARDS, AUTHORITIES,
COMMISSIONS AND COMPACTS.
§22C-4-31. Mandatory collection
(a) For purposes of this section and section 1-j, article 2,
chapter twenty-four of this code the following terms shall have the
following meanings:
(1) "Green box facility" means a solid waste facility
authorized to operate without a solid waste permit to provide for
the placement of a green box, bin, roll-off or dumpster at a
location where solid waste is deposited in such containers which
are temporarily positioned for not more than five days, for
subsequent transport to a permitted solid waste facility.
Provided, That the green box facility must be operated and
maintained in a manner which protects the environment, human health
and safety. If the director, upon inspection or investigation by duly authorized representatives or through other means, observes,
discovers or learns that a green box facility is not being operated
or maintained in a manner which protects the environment, human
health and safety, the director is empowered and may implement
appropriate orders, enforcement and penalties available to the
director in accordance with section fifteen, article fifteen,
chapter twenty-two.
(2) "Convenience center" means a solid waste facility owned or
operated by a commercial hauler, county commission, municipality or
county or regional solid waste authority, providing for a
convenient location where residents can place solid waste
temporarily for subsequent transport to an approved solid waste
disposal facility or to other solid waste facilities for further
processing.
Provided, That a convenience center is authorized to
operate without a solid waste permit and must be operated and
maintained in a manner which protects the environment, human health
and safety. A convenience center is not a transfer station and may
not accept waste generated by businesses, offices, institutions,
and other nonresidential sources. If the director, upon inspection
or investigation by duly authorized representatives or through
other means, observes, discovers or learns that a convenience
center is not being operated or maintained in a manner which
protects the environment, human health and safety, the director is
empowered and shall implement appropriate orders, enforcement and penalties available to the director in accordance with section
fifteen, article fifteen, chapter twenty-two.
(3) "Service providers" means any certificated motor carrier,
county commission, municipality or solid waste authority authorized
to collect, haul, receive or process solid waste including
recyclables.
(b) Each person occupying a residence or operating a business
establishment in this state shall either:
(1) Subscribe to and use a solid waste collection service and
pay the fees established therefor; or
(2) Properly dispose
s of solid waste at approved solid waste
facilities or in any other lawful manner. The public service
commission shall promulgate rules pursuant to section three,
article one, chapter twenty-nine-a of this code regarding an
approved method or methods of supplying proper proof of
participation in a solid waste collection system or other lawful
method of disposal and shall enforce the mandatory collection
requirements set forth in this section.
(c) The division of environmental protection, public service
commission and division of natural resources, shall assist each
county and regional solid waste authority, the solid waste
management board and the certificated motor carriers serving each
county, territory or region to develop and implement mandatory
collection systems throughout the state. The county or regional solid waste authority is responsible for developing the system and
conducting a public hearing. Prior to the public hearing the
certificated motor carrier shall designate what if any portions of
the additional service the carrier will provide. Each system shall
provide for but not be limited to the following:
(1) Currently established waste collection services,
commercial and non-commercial recycling services shall be
maintained.
(2) Curbside service shall be offered to persons living on
established solid waste collection routes.
(3) While curbside service is the preferred level of service,
where curbside service is not practicable, economically feasible or
desirable to area residents and/or the certificated motor carrier
green box service or convenience center service shall be provided.
Currently available collection, disposal and recycling services,
currently unmet needs, population density, geography and available
financial resources shall be considered when determining the level
or levels of service to be provided in an area.
(4) All solid waste collection systems shall provide for
removal of white goods and other bulky items. In addition to any
existing requirements for recycling, the persons responsible for
developing the system shall determine whether there will be an
optional or a mandatory recycling component to the system. Where
recycling is part of the system, the certificated motor carrier or other recycling service provider shall provide suitable containers
for recycling regardless of the level of service provided.
(5) Provision must be made for prompt removal of all solid
waste collected at green boxes and convenience centers to prevent
these areas from becoming health or safety hazards or nuisances.
All containers used for these services shall be of a type and
design which will at a minimum prevent leaking, discharge, leachate
or runoff. Adequate precautions must be taken to prevent these
areas from becoming breeding grounds and nesting areas for insects,
animals and vermin.
(6) Provision must be made for consumer education on the
proper disposal of solid waste, recycling and consumer rights and
responsibilities.
(7) Certificated motor carriers and other service providers
must be encouraged to locate and or develop markets for
recyclables.
(8) Fees for services shall be flat rate, use-sensitive or a
combination of both which shall allow for a range of rates based
upon the level of service provided.
(9) In any area where the parties can not, by the first day of
July, two thousand, reach agreement on the provision of services as
required by this section, the solid waste management board, with
any necessary assistance from the division of environment
protection, the division of natural resources and/or the public service commission, shall establish the system to be implemented.
The solid waste management board shall select through competitive
bid, pursuant to the requirements of section ten, article three,
chapter five-a of this code, a qualified certificated motor carrier
or other service provider.
(10) The board shall establish a schedule for the development
of each solid waste collection system required by this section.
The schedule shall be upon a priority basis. Those areas perceived
by the board to have the greatest need for the system shall be the
highest priority.
(11) As soon as practical after the components of a system
have been determined the solid waste authority shall conduct a
public hearing to obtain the opinions and suggestions of the
persons who will be affected by the proposed changes in solid waste
collection services. The public opinion elicited at the hearing
and any written comments submitted to the authority shall be
afforded great weight in making the final determination of the
components of the solid waste management system. The authority
shall follow the provisions of the advisory rules developed by the
solid waste management board for conducting a public hearing.
(c) No more than thirty days after the conclusion of the
public comment period, the county or regional solid waste authority
shall submit the proposed system to the solid waste management
board for review and determination of the system's acceptability pursuant to the requirements of this section. If the board does
not accept the system it must provide the authority with a written
explanation of the system's deficiencies. The authority shall have
thirty days from the receipt of the board's written explanation to
correct the deficiencies. If the authority fails to correct the
deficiencies, the board, with any necessary assistance from the
division of natural resources, division of environmental protection
and the public service commission, shall prepare an acceptable
solid waste collection system pursuant to the requirements of this
section. Notwithstanding any provisions of the code to the
contrary, the board shall file all accepted plans for mandatory
solid waste collection systems as an amendment to the state solid
waste plan; the individual system plans shall be filed as
amendments to the appropriate local solid waste authority's solid
waste plan.
(d) The public service commission in consultation and
collaboration with the division of human services shall prepare and
submit, no later than the first day of October, one thousand nine
hundred ninety-nine, a method or methods for reducing solid waste
collection fees to individuals who directly pay such fees and who
receive public assistance from state or federal government agencies
and are therefore limited in their ability to afford to pay for
solid waste disposal. The method or methods shall consider the
individual's health and income maintenance and other relevant matters. The method or methods shall also include procedures for
individuals or households to qualify for and avail themselves of a
reduction in fees.
(e) Notwithstanding any provision of this code to the
contrary, any county commission, municipality or solid waste
authority that is currently authorized to provide or, pursuant to
a permit issued by the director of the division of environmental
protection, is providing solid waste management services including
but not limited to collection of solid waste through curbside
service, green boxes or convenience centers; collection of
recyclable materials by any method or a combination of solid waste
and recyclable collection shall continue to operate: Provided, That
any such county commission or solid waste authority may choose to
modify the solid waste management service they provide in
accordance with the provisions of this section.
CHAPTER 34. PUBLIC SERVICE COMMISSION.
ARTICLE 2. POWERS AND DUTIES OF PUBLIC SERVICE COMMISSION.
§24-2-1j. Additional powers and duties of commission.
(a) The public service commission shall designate staff who
shall offer assistance to solid waste authorities in the
development of mandatory collection systems pursuant section
thirty-one, article four, chapter twenty-two-c of this code.
(b) Upon receipt of an application from a certificated motor
carrier to increase its level or type of service pursuant to section thirty-one, article four, chapter twenty-two-c of this code
the commission shall conduct a hearing to determine the economic
feasibility and the proper rate or rates to be charged for the
additional solid waste services.
(c) The commission shall require each certificated motor
carrier providing solid waste services to provide records to the
commission of persons on established collection routes who
subscribe and, to the extent possible, those persons who do not
subscribe to collection services. The commission shall determine
whether or not persons not subscribing to collection services are
disposing of solid waste generated by him or her in a lawful
manner.
(d) The public service commission shall promulgate rules
pursuant to chapter twenty-nine-a of this code regarding an
approved method or methods of supplying proper proof of
participation in a solid waste collection system or other lawful
method of disposal. A graduated system of civil penalties shall be
imposed. For the first offense the person not participating in
solid waste collection services or other lawful method of disposal
shall be warned and required to participate in collection service
or other lawful method of disposal. For the second offense the
person not participating in solid waste collection services or
other lawful method of disposal shall be fined fifty dollars,
assessed the unpaid fees for the period of time between the first and second offense and required to participate in collection
services or other lawful method of disposal. For the third and
subsequent offenses a civil penalty of one hundred fifty dollars
shall be assessed to the person not participating in solid waste
collection services or other lawful method of disposal, in addition
to the unpaid fees for every year that a fee was not paid and
required to participate in collection services or other lawful
method of disposal.
(e) The public service commission shall enforce the mandatory
collection system throughout the state. The persons authorized to
facilitate enforcement of the regulation of solid waste in section
one-h, article two, chapter twenty-four of this code are authorized
to enforce the provisions of this section and section thirty-one,
article, four, chapter twenty-two-c of this code.
(f)Every person who pleads guilty or is found guilty of
violating the mandatory collection law as set forth in this section
and in section thirty-one, article four, chapter twenty-two of this
code shall, in addition to the fines and penalties provided for in
subsection (e) of this section, pay not less than fifty dollars nor
more than five hundred dollars as costs for clean-up, investigation
and prosecution of the case, as well as any other court costs that
the court may impose.
(g) The clerk of the circuit court, magistrate court or
municipal court wherein the additional costs provided for in subsection (f) of this section are imposed shall, on or before the
last day of each month, transmit all such costs received to the
sate treasurer for deposit in the state treasury. The funds
remitted to the treasurer pursuant to subsection (f) of this
section shall be disbursed as follows:
(1) Fifty percent of the funds shall be deposited, at
least monthly to the solid waste planning fund established pursuant
to section thirty, article four, section twenty-two-c of this code.
Fifty percent of the proceeds so deposited shall be paid equally to
each county and regional solid waste authority to be expended for
purpose of educating the public about mandatory collection,
recycling and proper waste disposal. Fifty percent of the proceeds
so deposited shall be paid to the solid waste management board to
implement the purposes of article three, chapter twenty-two-c of
this code.
(2) The remaining fifty percent of the funds shall be
deposited, at least monthly to the recycling assistance fund
established pursuant to section five-a, article eleven, chapter
twenty of this code to be used to provide grants to assist
municipalities, counties and other interested parties in the
planning and implementation of recycling programs, public education
programs and recycling market procurement efforts.
(h) At the request of the defendant or in the discretion of
the court, the court may sentence the defendant to pickup and remove from any public highway, road, street, alley or any other
public park or pubic property as designed by the court, any and all
litter, garbage, refuse, trash, cans, bottles, papers, ashes,
carcass of any dead animal or any part thereof, offal or any other
offensive or unsightly matter placed, deposited, dumped or thrown
contrary to the provision of section twenty-six, article seven,
chapter twenty of this code. For the first offense, the
alternative sentence of litter pickup shall be not less than eight
hours nor more than sixteen hours in lieu of the additional costs
provided for in subsection (f) of this section. For the second
offense, the alternative sentence of litter pickup shall be not
less than sixteen hours nor more than thirty-two hours in lieu of
the additional costs provided for in subsection (f) of this
section. For third and subsequent offenses, the alternative
sentence of litter pickup shall be not less than thirty-two hours
nor more than sixth-four hours in lieu of the additional costs
provided for in subsection (f) of this section.
(i) The alternative sentence of litter pickup set forth in
subsection (h) of this section shall be verified by the
conservation officers from the division of natural resources or
environmental inspectors from the division of environmental
protection or a regional engineering technician from the division
of environmental protection pollution prevention ad open dumps
program (PPOD) of the county in which the offense occurred. Any defendant receiving an alternative sentence pursuant to this
section shall provide within a time frame to be set by the court,
written acknowledgment from an above listed officer that the
sentence has been completed.