H. B. 2533
(By Delegate Osborne)
[Introduced March 13, 1997; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend and reenact section one, article four, chapter
twenty-two-c of the code of West Virginia, one thousand nine
hundred thirty-one, as amended; and to amend and reenact
section twenty-three, article four of said chapter, all
relating to giving the solid waste authority the authority
to assess user fees to fund the costs involved in fulfilling
its responsibilities.
Be it enacted by the Legislature of West Virginia:
That section one, article four, chapter twenty-two-c of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted; and that section twenty-three,
article four of said chapter be amended and reenacted, all to
read as follows:
ARTICLE 4. COUNTY AND REGIONAL SOLID WASTE AUTHORITIES.
§22C-4-1. Legislative findings and purposes.
The Legislature finds that the improper and uncontrolled
collection, transportation, processing and disposal of domestic
and commercial garbage, refuse and other solid wastes in the
state of West Virginia results in: (1) A public nuisance and a
clear and present danger to the citizens of West Virginia; (2)
the degradation of the state's environmental quality including
both surface and groundwaters which provide essential and
irreplaceable sources of domestic and industrial water supplies;
(3) provides harborages and breeding places for disease-carrying,
injurious insects, rodents and other pests injurious to the
public health, safety and welfare; (4) decreases public and
private property values and results in the blight and
deterioration of the natural beauty of the state; (5) has adverse
social and economic effects on the state and its citizens; and
(6) results in the waste and squandering of valuable nonrenewable
resources contained in such solid wastes which can be recovered
through proper recycling and resource-recovery techniques with
great social and economic benefits for the state.
The Legislature further finds that the proper collection,
transportation, processing, recycling and disposal of solid waste
is for the general welfare of the citizens of the state and that
the lack of proper and effective solid waste collection services and disposal facilities demands that the state of West Virginia
and its political subdivisions act promptly to secure such
services and facilities in both the public and private sectors.
The Legislature further finds that other states of these
United States of America have imposed stringent standards for the
proper collection and disposal of solid waste and that the
relative lack of such standards and enforcement for such
activities in West Virginia has resulted in the importation and
disposal into the state of increasingly large amounts of
infectious, dangerous and undesirable solid waste and hazardous
waste from other states by persons and firms who wish to avoid
the costs and requirements for proper, effective and safe
disposal of such wastes in the states of origin.
The Legislature further finds that the process of developing
rational and sound solid waste plans at the county or regional
level is impeded by the proliferation of siting proposals for new
solid waste facilities.
Therefore, it is the purpose of the Legislature to protect
the public health and welfare by providing for a comprehensive
program of solid waste collection, processing, recycling and
disposal to be implemented by state and local government in
cooperation with the private sector. The Legislature intends to
accomplish this goal by establishing county and regional solid
waste authorities throughout the state to develop and implement litter and solid waste control plans. It is the further purpose
of the Legislature to restrict and regulate persons and firms
from exploiting and endangering the public health and welfare of
the state by disposing of solid wastes and other dangerous
materials which would not be accepted for disposal in the
location where such wastes or materials were generated.
It is further the purpose of the Legislature to reduce our
solid waste management problems and to meet the purposes of this
article by requiring county and regional solid waste authorities
to establish programs and plans based on an integrated waste
management hierarchy. In order of preference, the hierarchy is
as follows:
(1) Source reduction. -- This involves minimizing waste
production and generation through product design, reduction of
toxic constituents of solid waste, and similar activities.
(2) Recycling, reuse and materials recovery. -- This
involves separating and recovering valuable materials from the
waste stream, composting food and yard waste, and marketing of
recyclables.
(3) Landfilling. -- To the maximum extent possible, this
option should be reserved for nonrecyclables and other materials
that cannot practically be managed in any other way. This is the
lowest priority in the hierarchy and involves the waste management option of last resort.
The Legislature further finds that the potential impacts of
proposed commercial solid waste facilities may have a deleterious
and debilitating impact upon the transportation network, property
values, economic growth, environmental quality, other land uses
and the public health and welfare in affected communities. The
Legislature also finds that the siting of such facilities is not
being adequately addressed to protect these compelling interests
of counties and local communities. The Legislature also finds
that in order to fund the costs of fulfilling these
responsibilities, this article shall be interpreted as
authorizing the solid waste authorities to assess a users fee in
those counties of their authority.
The Legislature further finds that affected citizens and
local governments often look to state environmental regulatory
agencies to resolve local land use conflicts engendered by these
proposed facilities. The Legislature also finds that such local
land use conflicts are most effectively resolved in a local
governmental forum where citizens can most easily participate in
the decision-making process and the land use values of local
communities most effectively identified and incorporated into a
comprehensive policy which reflects the values and goals of those
communities.
Therefore, it is the purpose of the Legislature to enable local citizens to resolve the land-use conflicts which may be
created by proposed commercial solid waste facilities through the
existing forum of county or regional solid waste authorities.
§22C-4-23. Powers, duties and responsibilities of authority generally.
The authority may exercise all powers necessary or
appropriate to carry out the purposes and duties provided in this
article, including the following:
(1) Sue and be sued, plead and be impleaded and have and use
a common seal.
(2) To conduct its business in the name of the county solid
waste authority or the regional solid waste authority, as the
case may be, in the names of the appropriate counties.
(3) The authority board of directors shall promulgate rules
to implement the provisions of sections nine and ten of this
article and is authorized to promulgate rules for purposes of
this article and the general operation and administration of
authority affairs.
(4) Adopt, and from time to time, amend and repeal bylaws
necessary and proper for the conduct of its affairs consistent
with this article.
(5) To promulgate such rules as may be proper and necessary
to implement the purposes and duties of this article.
(6) Acquire, construct, reconstruct, enlarge, improve,
furnish, equip, maintain, repair, operate, lease or rent or
contract for the operation by any person, partnership,
corporation or governmental agency, any solid waste facility or
collection, transportation and processing facilities related
thereto.
(7) Issue negotiable bonds, notes, debentures or other
evidences of indebtedness and provide for the rights of the
holders thereof, incur any proper indebtedness and issue any
obligations and give any security therefor which it may deem
necessary or advisable in connection with exercising powers as
provided herein.
(8) Make available the use or services of any solid waste
facility collection, transportation and processing facilities
related thereto, to any person, partnership, corporation or
governmental agency consistent with this article.
(9) Acquire by gift or purchase, hold and dispose of real and
personal property in the exercise of its powers and duties.
(10) Make and enter all contracts, leases and agreements and
to execute all instruments necessary or incidental to the
performance of its duties and powers.
(11) Employ managers, engineers, accountants, attorneys,
planners and such other professional and support personnel as are
necessary in its judgment to carry out the provisions of this article.
(12) Receive and accept from any source such grants, fees,
real and personal property, contributions and funds of any nature
as may become available to the authority in order to carry out
the purposes of this article.
(13) Cooperate with and make such recommendations to local,
state and federal government and the private sector in the
technical, planning and public policy aspects of litter control
and solid waste management as the authority may find appropriate
and effective to carry out the purposes of this article.
(14) Charge, alter and collect rentals, fees, service charges
and other charges for the use or services of any solid waste
facilities or any solid waste collection, transportation and
processing services provided by the authority.
(15) Prohibit the dumping of solid waste outside the hours of
operation of a solid waste facility.
(16) Enforce the hours of operation of a solid waste facility
and the mandatory disposal provision in section ten of this
article by referring violations to the division of environmental
protection or the appropriate law-enforcement authorities.
(17) Assess a user's fee in counties under its authority to
fund the costs involved in fulfilling its responsibilities.
(17) (18) Do all acts necessary and proper to carry out the
powers expressly granted to the authority by this article and powers conferred upon the authority by this article.
All rules promulgated by the authority pursuant to this
article are exempt from the provisions of article three, chapter
twenty-nine-a of this code.
NOTE: The purpose of this bill is to give the solid waste
authority the authority to assess user fees in order to fund the
cost of fulfilling its responsibilities.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that
would be added.