Senate Bill No. 548
(By Senator Kessler)
____________
[Introduced March 21, 2001; referred to the Committee on the
Judiciary.]
____________
A BILL to amend and reenact section ten, article four, chapter
twenty-two-c of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to creating a
criminal penalty in place of a civil penalty for failure to
subscribe to a waste collection service or prove proper
disposition of solid waste; and making offense a misdemeanor.
Be it enacted by the Legislature of West Virginia:
That section ten, article four, chapter twenty-two-c of the
code of West Virginia, one thousand nine hundred thirty-one, 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; criminal penalty imposed.
(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 approved solid waste facilities or in any other
lawful manner. The director of the division 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 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. A person violating a provision of this
section is guilty of a misdemeanor and, upon conviction thereof,
shall be fined one hundred fifty dollars. At the discretion of the
court, the court may waive up to one hundred dollars of the fine,
if the defendant subscribes six months in advance to a solid waste
collection service, in the defendant's area. Defendant must
provide to the court proof of the subscription.
(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 create a misdemeanor
offense in place of a civil penalty for failing to subscribe to a
solid waste disposal service or to prove proper disposition of
waste. Obsolete language is removed.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
Email
Webmaster | © 2024 West Virginia Legislature **
