Senate
House
Joint
Bill Status
WV Code
Audits/ Reports
Educational
Contact
home
home

Introduced Version House Bill 4411 History

   |  Email


H. B. 4411

 

         (By Delegates R. Phillips, Ashley, Barker,

               Craig, Eldridge, A. Evans, Ferro,

                    Hamilton and Skaff)

         (By request of the Department of Environmental            Protection)

         [Introduced February 5, 2014 ; referred to the

         Committee on Energy then the Judiciary.]

A BILL to amend and reenact §22-15-8 of the Code of West Virginia, 1931, as amended, relating to allowing the disposal of drill cuttings and associated drilling waste generated from well sites in commercial solid waste facilities; if the drilling waste is placed in a separate cell dedicated solely for those wastes, permitting the disposal even if it results in the facility going over its maximum monthly permitted limits; and providing that the facility may not refuse municipal waste until its monthly limit is reached.

Be it enacted by the Legislature of West Virginia:

    That §22-15-8 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 15. SOLID WASTE MANAGEMENT ACT.

§22-15-8. Limit on the size of solid waste facilities; rulemaking.

    (a) On and after October 1, 1991, it is unlawful to operate any commercial solid waste facility that handles between ten thousand and thirty thousand tons of solid waste per month, except as provided in section nine of this article and sections twenty-six, twenty-seven and twenty-eight, articles four and four-a, chapter twenty-two-c of this code.

    (b) Except as provided in section nine of this article, the maximum quantity of solid waste which may lawfully be received or disposed of at any commercial solid waste facility is thirty thousand tons per month.

    (c) The director shall, within the limits contained in this article, place a limit on the amount of solid waste received or disposed of per month in commercial solid waste facilities. The director shall consider at a minimum the following criteria in determining a commercial solid waste facility’s monthly tonnage limit:

    (1) The proximity and potential impact of the solid waste facility upon groundwater, surface water and potable water;

    (2) The projected life and design capacity of the solid waste facility;

    (3) The available air space, lined acreage, equipment type and size, adequate personnel and wastewater treatment capabilities; and

    (4) Other factors related to the environmentally safe and efficient disposal of solid waste.

    (d) Within the limits established in this article, the director shall determine the amount of sewage sludge which may be safely treated, stored, processed, composted, dumped or placed in a solid waste facility.

    (e) The director shall promulgate emergency rules, and propose for legislative promulgation, legislative rules pursuant to the provisions of article three, chapter twenty-nine-a of this code, to effectuate the requirements of this section. When developing the rules, the director shall consider at a minimum the potential impact of the treatment, storage, processing, composting, dumping or placing sewage sludge at a solid waste facility:

    (1) On the groundwater, surface waters and potable waters in the area;

    (2) On the air quality in the area;

    (3) On the projected life and design capacity of the solid waste facility;

    (4) On the available air space, lined acreage, equipment type and size, personnel and wastewater treatment capabilities;

    (5) The facility's ability to adequately develop markets and market the product which results from the proper treatment of sewage sludge; and

    (6) Other factors related to the environmentally safe and efficient treatment, storage, processing, composting, dumping or placing of sewage sludge at a solid waste facility.

    (f) Sewage sludge disposed of at a landfill must contain at least twenty percent solid by weight. This requirement may be met by adding or blending sand, sawdust, lime, leaves, soil or other materials that have been approved by the director prior to disposal. Alternative sewage sludge disposal methods can be utilized upon obtaining written approval from the director. No facility may accept for land filling in any month sewage sludge in excess of twenty-five percent of the total tons of solid waste accepted at the facility for land filling in the preceding month.

    (g) Notwithstanding any other provision of this code to the contrary, a commercial solid waste facility may lawfully receive drill cuttings and associated drilling waste generated from horizontal well sites above the monthly tonnage limits of that commercial solid waste facility: Provided, That the drill cuttings and associated drilling waste are placed in a separate cell dedicated solely to the disposal of drilling waste. The secretary may allow solid waste facilities that are actively constructing a separate cell for drilling waste to accept drilling waste until September 30, 2014, without counting it towards the permitted monthly tonnage limits: Provided, That, that under no circumstances may a solid waste facility exclude or refuse to take municipal solid waste until it has reached its monthly permitted tonnage limits.




    NOTE: The purpose of this bill is to allow the disposal of drill cuttings and associated drilling waste generated from well sites in commercial solid waste facilities. The bill permits that disposal even if it results in the facility going over its maximum monthly permitted limits if the drilling waste is placed in a separate cell dedicated solely for those wastes. The bill provides that the facility may not refuse municipal waste until its monthly limit is reached.


    Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.

This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.  |  Terms of Use  |   Web Administrator   |   © 2014 West Virginia Legislature ****