(By Delegates Staton, Browning, DeLong,
Ennis, Swartzmiller, Varner and G. White.)
[Introduced February 18, 2005; Referred to the Committee on the
Be it enacted by the Legislature of West Virginia:
A BILL to amend the code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §22-15-23, relating
to water treatment plant solids generally; and requiring
promulgation of legislative rules to encourage beneficial use
of water treatment plant solids.
That the code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §22-15-23, to read as
ARTICLE 15. SOLID WASTE MANAGEMENT ACT.
§22-15-23. Water treatment plant solids.
(a) Water treatment plant solids generated through the
filtration of river water to supply water for human consumption
which is 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 solids shall meet the requirements of this article and the
rules promulgated under this article.
(b) In order to enhance the resource recovery and recycling
goals of this article and to encourage the beneficial use of water
treatment plant solids, the secretary shall propose for
promulgation of legislative rules to effectuate the purposes of
this 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:
(1) A mechanism to determine beneficial use characteristics of
water treatment plant solids;
(2) A method to determine pollutant content of water treatment
plant solids proposed for beneficial use;
(3) A method to determine that the beneficial properties of
the water treatment plant solids 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 solids;
(6) Analytical methods and storage requirements for water
treatment plant solids;
(7) Permit requirements; and
(8) Appropriate fees.
NOTE: The purpose of this bill is to
require promulgation of
emergency and legislative rules to encourage the beneficial use of
water treatment plant solids.
is new; therefore, strike-throughs and
underscoring have been omitted.