Senate Bill No. 349

(By Senator Dittmar)

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[Introduced February 14, 1995; referred to the Committee

on Natural Resources.]

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A BILL to amend and reenact section eight, article eleven, chapter twenty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to prohibition on the disposal of certain items; plans for the proper handling of said items required; rules required; and report to be prepared and submitted.

Be it enacted by the Legislature of West Virginia:
That section eight, article eleven, chapter twenty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 11. WEST VIRGINIA RECYCLING PROGRAM.
§20-11-8. Prohibition on the disposal of certain items; plans for the proper handling of said items required.

(a) Effective the first day of June, one thousand nine hundred ninety-four, it shall be unlawful to deposit lead-acid batteries in a solid waste facility in West Virginia; effective the first day of June, one thousand nine hundred ninety-seven, it shall be unlawful to deposit tires in a solid waste facility in West Virginia; and effective the first day of January, one thousand nine hundred ninety-six, it shall be unlawful to deposit yard waste, including grass clippings and leaves, in a solid waste facility in West Virginia: Provided, That such prohibitions do not apply to a facility designed specifically to compost such yard waste or otherwise recycle or reuse such items: Provided, however, That reasonable and necessary exceptions to such prohibitions may be included as part of the rules promulgated pursuant to subsection (c) of this section.
(b) No later than the first day of May, one thousand nine hundred ninety-three, the solid waste management board shall design a comprehensive program to provide for the proper handling of yard waste and lead-acid batteries. No later than the first day of May, one thousand nine hundred ninety-four, a comprehensive plan shall be designed in the same manner to provide for the proper handling of tires.
(c) No later than the first day of August, one thousand nine hundred ninety-three, the division of environmental protection shall promulgate rules, in accordance with chapter twenty-nine-a of this code, as amended, to implement and enforce the program for yard waste and lead-acid batteries designed pursuant to subsection (b) of this section. No later than the first day of August, one thousand nine hundred ninety-four, the division of environmental protection shall promulgate rules, in accordance with chapter twenty-nine-a of said code, as amended, to implement and enforce the program for tires designed pursuant to subsection (b) of this section.
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(NOTE: The purpose of this bill is to extend the beginning of the ban on disposal of tires in solid waste facilities until the first day of June, one thousand nine hundred ninety-seven.)
NATURAL RESOURCES COMMITTEE AMENDMENTS


On page ___, section eight, line ___, by striking out the word "ninety-six" and inserting in lieu thereof the word "ninety-seven";
On one, by striking out the title and substituting therefor a new title, to read as follows:
Senate Bill No. 349--A Bill to amend and reenact section eight, article eleven, chapter twenty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to prohibition on the disposal of certain items; plans for the proper handling of said items required; rules required; report to be prepared and submitted; and extending for one year the implementation of the ban on the disposal of tires and yard waste.