H. B. 2987
(By Delegates Moore, Swartzmiller, Eldridge,
and Tabb)
[Introduced February 9, 2007; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §22C-4-10 of the Code of West Virginia,
1931, as amended, relating to proof of lawful disposal of
solid waste as a defense to a violation of disposal law; and
establishing penalties for littering.
Be it enacted by the Legislature of West Virginia:
That §22C-4-10 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 4. COUNTY AND REGIONAL SOLID WASTE AUTHORITIES.
§22C-4-10. Mandatory disposal; proof required; penalty imposed;
requiring solid waste management board and the
Public Service Commission to file report.
(a) Each person occupying a residence or operating a business
establishment in this state shall either:
(1) Subscribe to and use a solid waste collection service and
pay the fees established therefor; or
(2) Provide proper proof that said person properly disposes of
solid waste
at least once within every thirty-day period at
approved solid waste facilities or in any other lawful manner. The
director Secretary of the
division Department of Environmental
Protection shall promulgate rules pursuant to chapter twenty-nine-a
of this code regarding an approved method or methods of supplying
such proper proof. A civil penalty of one hundred fifty dollars
shall may be assessed to the person not receiving solid waste
collection services in addition to the unpaid fees for every year
that a fee is not paid.
Any person who violates the provisions of
this section through failure to receive solid waste collection
services or through failure to provide proper proof that he or she
lawfully disposes of his or her solid waste at least once a month
is guilty of a misdemeanor. Upon conviction, he or she is subject
to a fine of not less than fifty dollars nor more than one thousand
dollars, or sentenced to perform not less than ten nor more than
forty hours of community service such as picking up litter or both
fined and sentenced.
(b) The Solid Waste Management Board, in consultation and
collaboration with the Public Service Commission, shall prepare and
submit, no later than the first day of October, one thousand nine
hundred ninety-two, a report concerning the feasibility of
implementing a mandatory fee for the collection and disposal of
solid waste in West Virginia:
Provided, That such plan shall consider such factors as affordability, impact on open dumping and
other relevant matters. The report shall be submitted to the
Governor, the President of the Senate and the Speaker of the House
of Delegates.
(c) The Public Service Commission, in consultation and
collaboration with the Division of Human Services, shall prepare
and submit, no later than the first day of October, one thousand
nine hundred ninety-two, a report concerning the feasibility of
reducing solid waste collection fees to individuals who directly
pay such fees and who receive public assistance from state or
federal government agencies and are therefore limited in their
ability to afford to pay for solid waste disposal. This report
shall consider the individual's health and income maintenance and
other relevant matters. This report shall also include recommended
procedures for individuals or households to qualify for and avail
themselves of a reduction in fees. This report shall be submitted
to the Governor, the President of the Senate and the Speaker of the
House of Delegates.
NOTE: The purpose of this bill is to clarify that proof of
lawful disposal of solid waste is required to be current. The bill
also provides a penalty for failing to lawfully dispose of solid
waste and for failing to have proof of lawful disposal.
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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