Senate Bill No. 154
(By Senator Bowman)
[Introduced February 11, 2005; referred to the Committee
on the Judiciary; and then to the Committee on Finance.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §22-15-23, relating
to the beneficial use of water treatment plant sludge; and
requiring promulgation of emergency and legislative rules.
Be it enacted by the Legislature of West Virginia:
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 sludge.
(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
(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 emergency rules within one hundred twenty days of the
effective date of this act and 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 sludge
(2) A method to determine pollutant content of water treatment
plant sludge proposed for beneficial use;
(3) A method to determine that the beneficial 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.
NOTE: The purpose of this bill is to
require promulgation of
emergency and legislative rules for the beneficial use of water
treatment plant sludge.
This section is new; therefore, strike-throughs and
underscoring have been omitted.