WEST virginia legislature
2021 regular session
House Bill 3206
By Delegates Hornbuckle, Lovejoy, Rohrbach, Barach, Hansen, Pushkin, Williams and Worrell
[Introduced March 16, 2021; Referred to the Committee on Health and Human Resources then Government Organization]
A BILL to amend and reenact §22-15-2 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §22-15-24, all relating to the development and implementation of a program to regulate source-separated organic material waste; requiring permits for the facilities and general operation; providing for general handling of organic material waste; authorizing the secretary to promulgate rules; authorizing the secretary to provide exemptions; and to provide for curb-side pickup of composting.
Be it enacted by the Legislature of West Virginia:
ARTICLE 15. SOLID WASTE MANAGEMENT ACT.
Unless the context clearly requires a different meaning, as used in this article the terms:
19) “Mature compost” means compost which has been produced in an aerobic, microbial, thermophilic manner and does not exhibit phytotoxic effects.
(20) “Mixed solid waste” means solid waste from which materials sought to be reused or recycled have not been source-separated from general solid waste.
(21) “Mixed waste processing facility” means any solid waste facility at which materials are recovered from mixed solid waste through manual or mechanical means for purposes of reuse, recycling or composting.
(22) “Municipal solid waste incineration” means the burning of any solid waste collected by any municipal or residential solid waste disposal company.
(23) “Open dump” means any solid waste disposal which does not have a permit under this article, or is in violation of state law, or where solid waste is disposed in a manner that does not protect the environment.
(24) “Person” or “persons” means any industrial user, public or private corporation, institution, association, firm or company organized or existing under the laws of this or any other state or country; State of West Virginia; governmental agency, including federal facilities; political subdivision; county commission; municipal corporation; industry; sanitary district; public service district; drainage district; soil conservation district; watershed improvement district; partnership; trust; estate; person or individual; group of persons or individuals acting individually or as a group; or any legal entity whatever.
(25) “Publicly owned treatment works” means any treatment works owned by the state or any political subdivision thereof, any municipality or any other public entity which processes raw domestic, industrial or municipal sewage by any artificial or natural processes in order to remove or so alter constituents as to render the waste less offensive or dangerous to the public health, comfort or property of any of the inhabitants of this State before the discharge of the plant effluent into any of the waters of this state, and which produces sewage sludge.
facility” means any solid waste facility for the purpose of recycling at which
neither land disposal nor biological, chemical or thermal transformation of
solid waste occurs: Provided, That mixed waste recovery facilities,
sludge processing facilities and composting facilities are not considered
recycling facilities nor considered to be reusing or recycling solid waste
within the meaning of this article, §22-15A-1 et seq., §22C-4-1 et
seq., and §22C-1-1 et seq.
, of this code.
(27) “Sewage sludge” means solid, semisolid or liquid residue generated during the treatment of domestic sewage in a treatment works. Sewage sludge includes, but is not limited to, domestic septage, scum or solids removed in primary, secondary or advanced wastewater treatment processes and a material derived from sewage sludge. “Sewage sludge” does not include ash generated during the firing of sewage sludge in a sewage sludge incinerator.
(28) “Secretary” means
the Secretary of the Department of Environmental Protection or such other
person to whom the secretary has delegated authority or duties pursuant to §
resulting from industrial,
commercial, mining or community activities but does not include solid or
dissolved material in sewage or solid or dissolved materials in irrigation
return flows or industrial discharges which are point sources and have permits
et seq. or §§22B-1-1 et seq. of this code, so long as
placement or disposal is in conformance with a permit issued pursuant to such
§22-15-20§17-23-1 et seq.
§22-15-24. Food Waste Management.
(a) The department shall develop and implement a comprehensive program for the regulation and management of source-separated organic material waste. The department is authorized to require permits for all facilities and activities which generate, process, or dispose of source-separated organic material waste by whatever means, including, but not limited to, composting, incinerations, or any other method of handling organic material waste within this state.
(b) The secretary shall promulgate emergency rules and propose legislative rules for legislative approval in accordance with the provision of §29A-3-1 et seq. of this code to effectuate the requirements of this section. All rules, whether emergency or not, promulgated pursuant to this section shall assure, at a minimum, the following in the proposed rules:
(1) A method to ensure proper maintenance and upkeep of organic composting facilities.
(2) A method to ensure that compost digestion be done at a minimum temperature of 140 degrees Fahrenheit.
(3) Appropriate training of organic composting facility employees pursuant to the standards adopted by the United States Composting Council, or other such standards deemed appropriate by the secretary.
(4) A method to determine appropriate odor and greenhouse gas pollutants and implement necessary restrictions of those pollutant levels.
(5) A method to collect and record relevant data and nutrient load in the finished compost.
(6) A certification process to ensure the finished compost satisfies an appropriate standard pursuant to the United States Composting Council, United States Environmental Protection Agency, or such other standard as deemed appropriate by the secretary.
(7) Permit requirements; and
(8) Appropriate fees.
(c) The secretary may provide for exemptions to the general provisions of this section relating to backyard organic composting.
(d) There shall be established a system for curb side pick-up for the purpose of composting, for the purpose of encouraging more individuals to participate in composting and to help create jobs across the State of West Virginia.
NOTE: The purpose of this bill is to provide a safe process for organic waste composting and require the West Virginia Department of Environmental Protection to promulgate related rules related to implementing organic waste composting, and providing for curb-side pickup of composting.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.