H. B. 2796
(By Delegates Walters, Farris, Hunt, Seacrist, Amores, Miller and Webb)
[Introduced March 27, 1997; referred to the
Committee on the Judiciary.]
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 prohibiting
the disposal of certain items in landfills; proper disposal
plans; and exempting certain yard waste from the
prohibition.
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 items required.
(a) Effective the first day of June, one thousand nine hundred ninety-four, it
shall be is 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-six, it
shall be is unlawful to deposit tires in a solid waste facility
in West Virginia; and effective the first day of January, one
thousand nine hundred ninety-seven, it
shall be is unlawful to
deposit yard waste, including grass clippings and leaves, in a
solid waste facility in West Virginia:
Provided, That
such these
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 these prohibitions may be included as part of the rules
promulgated proposed pursuant to subsection (c) of this section.
(b) No later than the first day of May, one thousand nine
hundred ninety-five, 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-five, the division of environmental protection
shall
promulgate rules, in accordance with chapter twenty-nine-a of this code, as amended, propose rules for legislative approval
in accordance with the provisions of article three, twenty-nine-a
of this code to implement and enforce the program for yard waste
and lead-acid batteries designed pursuant to subsection (b) of
this section:
Provided, That no solid waste landfill may be held
liable or responsible for accepting yard waste that is either
concealed in opaque bags or is otherwise already commingled in
the waste stream delivered for disposal. A hauler of solid waste
is not required to segregate yard waste from municipal solid
waste for disposal if the yard waste is either concealed by the
generator in opaque bags, or if the hauler or municipality
determines that it is impracticable due to economic
infeasibility, equipment or physical constraints to collect yard
waste separately from other municipal solid waste. All
generators shall, to the maximum extent practicable, divert yard
waste from disposal in a solid waste landfill. 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,
propose rules for legislative approval in accordance with the
provisions of article three, twenty-nine-a of this code to
implement and enforce the program for tires designed pursuant to
subsection (b) of this section.
(d) For the purposes of this section, "yard waste" means grass clippings, weeds, leaves, brush, garden waste, shrub or
tree prunings and other living or dead plant tissues, except
that, such materials which, due to inadvertent contamination or
mixture with other substances which render the waste unsuitable
for composting,
shall may not be considered to be yard waste:
Provided, That the same or similar waste generated by commercial
agricultural enterprises is excluded.
(e) In
promulgating proposing the rules required by
subsections (b) and (c) of this section, yard waste, as described
in subsection (d) of this section, the division shall provide for
the disposal of yard waste in a manner consistent with one or any
combination of the following:
(1) Disposal in a publicly or privately operated commercial
or noncommercial composting facility.
(2) Disposal by composting on the property from which
domestic yard waste is generated or on adjoining property or
neighborhood property if consent is obtained from the owner of
the adjoining or neighborhood property.
(3) Disposal by open burning where such activity is not
prohibited by this code, rules promulgated hereunder or municipal
or county codes or ordinances.
(4) Disposal in a publicly or privately operated landfill,
only where none of the foregoing options are available. Such
manner of disposal will involve only small quantities of domestic yard waste generated only from the property of the participating
resident or tenant.
NOTE: The purpose of this bill is to exempt certain yard
waste from the prohibition against yard waste in landfills.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.
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