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Introduced Version Senate Bill 640 History

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Key: Green = existing Code. Red = new code to be enacted


Senate Bill No. 640

(By Senator Helmick, Ross, Bailey, Chafin and Caldwell)

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[Introduced February 18, 2002; referred to the Committee

on Natural Resources.]

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A BILL to amend article fifteen, chapter twenty-two of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section twenty-two, relating to beneficial use of sludge; and requiring promulgation of emergency and legislative rules.

Be it enacted by the Legislature of West Virginia:
That article fifteen, chapter twenty-two of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section twenty-two, to read as follows:
ARTICLE 15. SOLID WASTE MANAGEMENT ACT.

§ 22-15-22. Sludge management.
(a) Any sludge or other material determined by the secretary to have beneficial properties similar to sewage sludge may be beneficially used in accordance with the applicable requirements governing sewage sludge, and any other requirements determined to be necessary by the secretary to protect human health and the environment. Persons seeking to beneficially use sludge must meet the requirements of this article and the rules promulgated thereunder.
(b) In order to enhance the resource recovery and recycling goals of this act and to encourage the beneficial use of sludge or other materials, the secretary shall propose for promulgation in accordance with the provisions of article three, chapter twenty-nine-a of this code, emergency and legislative rules to effectuate the purposes of this section. The secretary shall at a minimum include the following in the proposed rules:
(1) A mechanism to determine beneficial use characteristics;
(2) A method to determine pollutant content of the material proposed for beneficial use;
(3) A method to determine that the beneficial properties of the material are derived from the raw material rather than additives;
(4) Buffer zones or other criteria necessary to adequately protect ground and surface water;
(5) Necessary restrictions of pollutant levels in the material;
(6) Analytical methods, loading rates and storage requirements for the material;
(7) Permit requirements; and
(8) Appropriate fees.


NOTE: The purpose of this bill is to authorize the Department of Environmental Protection to regulate the use of sludge and other materials in the same manner as it regulates sewage sludge.

This section
is new; therefore, strike-throughs and underscoring have been omitted.
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