WEST virginia legislature
2018 regular session
Committee Substitute
for
Senate Bill 146
By Senator Trump
[Originating in the Committee on the Judiciary; reported on January 18, 2018]
A BILL to amend and reenact §22-15-10 of the Code of West Virginia, 1931, as amended, relating to correcting technical errors within the Solid Waste Management Act.
Be it enacted by the Legislature of West Virginia:
ARTICLE 15. SOLID WASTE MANAGEMENT ACT.
§22-15-10. Prohibitions; permits required.
(a) Open dumps are prohibited and it is unlawful for
any person to create, contribute to, or operate an open dump or for any
landowner to allow an open dump to exist on the landowner’s property unless
that open dump is under a compliance schedule approved by the director. Such
The compliance schedule shall contain an enforceable sequence of actions
leading to compliance and shall not exceed two years. Open dumps operated prior
to April 1, 1998 1988, by a landowner or tenant for the disposal
of solid waste generated by the landowner or tenant at his or her residence or
farm, are not a violation of this section, if such the open dump did
not constitute was not a violation of law on January 1, 1998 1988,
and unauthorized dumps which were created by unknown persons do not
constitute are not a violation of this section: Provided,
That no a person may not contribute additional solid waste
to any such dump after April 1, 1998 1988, except that the owners
of the land landowners on which unauthorized dumps have been or are
being made are not liable for such the unauthorized dumping
unless such the landowners refuse to cooperate with the division
in stopping such the unauthorized dumping.
(b) It is unlawful for any person, unless the person holds a valid permit from the division to install, establish, construct, modify, operate, or abandon any solid waste facility. All approved solid waste facilities shall be installed, established, constructed, modified, operated, or abandoned in accordance with §22-15-1 et seq. of this code, plans, specifications, orders, instructions, and rules in effect.
(c) Any permit issued under §22-15-1 et seq. of
this code shall be issued in compliance with the requirements of §22-15-1 et
seq. of this code, its rules and §22-11-1 et seq. of this code and
the rules, promulgated thereunder under §22-11-1 et seq. of
this code, so that only a single permit is required of a solid waste
facility under these those two articles. Each permit issued under
§22-15-1 et seq. of this code shall have a fixed term not to exceed five
years: Provided, That the director may administratively extend a permit
beyond its five-year term, if the approved solid waste facility is in
compliance with §22-15-1 et seq. of this code, its rules, and §22-11-1 et
seq. of this code and the rules promulgated thereunder under §22-11-1
et seq. of this code: Provided, however, That such the
administrative extension may not be for more than one year. Upon expiration of
a permit, the division may issue renewal permits may be issued in
compliance with rules promulgated by the director.
(d) For existing solid waste facilities which formerly
held division of health permits which expired by law and for which complete
permit applications for new permits pursuant to §22-15-1 et seq. of this
code were submitted as required by law, the division may enter an
administrative order to govern solid waste activities at such the
facilities, which may include a compliance schedule, consistent with the
requirements of the division’s solid waste management rules, to be effective
until final action is taken to issue or deny a permit for such the
facility pursuant to §22-15-1 et seq. of this code, or until further
order of the division.
(e) No A person may not dispose in
the state of any solid waste in this state in a manner which
endangers the environment or the public health, safety, or welfare as
determined by the director: Provided, That the carcasses of dead animals
may be disposed of in any solid waste facility or in any other manner as
provided for in this code. Upon request by the director, the Commissioner of
the Bureau of for Public Health shall provide technical advice
concerning the disposal of solid waste or carcasses of dead animals within the
state.
(f) A commercial solid waste facility shall not discriminate in favor of or against the receipt of any waste otherwise eligible for disposal at the facility based on its geographic origin.
(g) In addition to all the requirements of §22-15-1 et
seq. of this code and the rules promulgated hereunder under §22-15-1
et seq. of this code, the division may not issue a permit to
construct a new commercial solid waste facility or to expand the spatial area
of an existing facility, may not be issued unless the Public Service
Commission has granted a certificate of need, as provided in §24-2-1c of this
code. If the director approves a permit or permit modification, the
certificate of need shall become a part of the permit and all conditions
contained in the certificate of need shall be conditions of the permit and may
be enforced by the division in accordance with the provisions of this article
If the director approves a permit or permit modification, the certificate of
need shall become a part of the permit and all conditions contained in the
certificate of need shall be conditions of the permit and may be enforced by
the division in accordance with the provisions of §22-15-1 et seq. of
this code: Provided, That the provisions of this subsection do not apply
to materials recovery facilities or mixed waste processing facilities as
defined by §22‑15‑2 of this code, except within a 35-mile radius of
a facility sited in a karst geological region and which has been permitted by
the West Virginia Department of
Environmental Protection as a mixed waste processing facility and has received
a certificate of need by July 1, 2016.
(h) The director shall promulgate propose
legislative rules for promulgation pursuant to §29A-3-1 et seq.
of this code which reflect the purposes as set forth in this section.