WEST virginia legislature
2016 regular session
Originating
Senate Bill 688
By Senators Trump, Weld, Azinger, Clements, Cline, Ferns, Karnes, Maynard, Rucker, Smith, Swope, Beach, Jeffries, Miller, Ojeda, Romano, and Woelfel
[Originating in the Committee on the Judiciary; Reported on
March 25, 2017.]
A BILL to amend and reenact §22-15-10 of the Code of West Virginia, 1931, as amended, relating to correcting a technical error within the Solid Waste Management Act.
Be it enacted by the Legislature of West Virginia:
That §22-15-10 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 15. SOLID WASTE MANAGEMENT ACT.
§22-15-10. Prohibitions; permits required.
(a) Open dumps
are prohibited and it is unlawful for any person to create, contribute to or
operate an open dump or for any landowner to allow an open dump to exist on the
landowner’s property unless that open dump is under a compliance schedule
approved by the director. Such compliance schedule shall contain an enforceable
sequence of actions leading to compliance and shall not exceed two years. Open
dumps operated prior to April 1, 1998 1988, by a landowner or
tenant for the disposal of solid waste generated by the landowner or tenant at
his or her residence or farm are not a violation of this section if such open
dump did not constitute a violation of law on January 1, 1998 1988,
and unauthorized dumps which were created by unknown persons do not constitute
a violation of this section: Provided, That no person may contribute
additional solid waste to any such dump after April 1, 1998 1988,
except that the owners of the land on which unauthorized dumps have been or are
being made are not liable for such unauthorized dumping unless such landowners
refuse to cooperate with the division in stopping such unauthorized dumping.
(b) It is unlawful for any person, unless the person holds a valid permit from the division to install, establish, construct, modify, operate or abandon any solid waste facility. All approved solid waste facilities shall be installed, established, constructed, modified, operated or abandoned in accordance with this article, plans, specifications, orders, instructions and rules in effect.
(c) Any permit issued under this article shall be issued in compliance with the requirements of this article, its rules and article eleven of this chapter and the rules promulgated thereunder, so that only a single permit is required of a solid waste facility under these two articles. Each permit issued under this article shall have a fixed term not to exceed five years: Provided, That the director may administratively extend a permit beyond its five-year term if the approved solid waste facility is in compliance with this article, its rules and article eleven of this chapter and the rules promulgated thereunder: Provided, however, That such administrative extension may not be for more than one year. Upon expiration of a permit, renewal permits may be issued in compliance with rules promulgated by the director.
(d) For existing solid waste facilities which formerly held division of health permits which expired by law and for which complete permit applications for new permits pursuant to this article were submitted as required by law, the division may enter an administrative order to govern solid waste activities at such facilities, which may include a compliance schedule, consistent with the requirements of the division’s solid waste management rules, to be effective until final action is taken to issue or deny a permit for such facility pursuant to this article, or until further order of the division.
(e) No person may dispose in the state of any solid waste in a manner which endangers the environment or the public health, safety or welfare as determined by the director: Provided, That the carcasses of dead animals may be disposed of in any solid waste facility or in any other manner as provided for in this code. Upon request by the director, the Commissioner of the Bureau for Public Health shall provide technical advice concerning the disposal of solid waste or carcasses of dead animals within the state.
(f) A commercial solid waste facility shall not discriminate in favor of or against the receipt of any waste otherwise eligible for disposal at the facility based on its geographic origin.
(g) In addition
to all the requirements of this article and the rules promulgated hereunder, a
permit to construct a new commercial solid waste facility or to expand the
spatial area of an existing facility may not be issued unless the Public
Service Commission has granted a certificate of need as provided in section
one-c, article two, chapter twenty-four of this code. If the director
approves a permit or permit modification, the certificate of need shall become
a part of the permit and all conditions contained in the certificate of need
shall be conditions of the permit and may be enforced by the division in
accordance with the provisions of this article. If the director approves a
permit or permit modification, the certificate of need shall become a part of
the permit and all conditions contained in the certificate of need shall be
conditions of the permit and may be enforced by the division in accordance with
the provisions of this article: Provided, That the provisions of this
subsection do not apply to materials recovery facilities or mixed waste
processing facilities as defined by section two, article fifteen, chapter
twenty-two of this code, except within a 35-mile radius of a facility sited in
a karst geological region and which has been permitted by the West Virginia Department
of Environmental Protection as a mixed waste processing facility and has
received a certificate of need by July 1, 2016.
(h) The director shall promulgate legislative rules pursuant to article three, chapter twenty-nine-a of this code which reflect the purposes as set forth in this section.
NOTE: The purpose of this bill is to correct a technical error as it relates to several dates listed in subsection (a), section ten, article fifteen, chapter twenty-two of this code.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.