COMMITTEE SUBSTITUTE
FOR
H. B. 2445
(By Mr. Speaker, Mr. Chambers, and Delegates P. White,
Douglas, Manuel, Huntwork and Compton)
(Originating in the House Committee on the Judiciary)
[March 23, 1993]
A BILL to amend and reenact sections one and ten, article five-f,
chapter twenty of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, all relating to the
management and disposal of solid waste; adding legislative
findings which provide that solid waste incineration
presents potentially significant health and environmental
problems, that the high cost of incineration technology
makes its use by solid waste facilities uneconomical and
that efforts should continue towards developing incineration
technologies that are both environmentally sound and
economically feasible; and prohibiting new municipal and
commercial solid waste facilities utilizing incineration
technologies for the purpose of solid waste incineration.
Be it enacted by the Legislature of West Virginia:
That sections one and ten, article five-f, chapter twenty of
the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted, all to read as follows:
CHAPTER 20. NATURAL RESOURCES.
ARTICLE 5F. SOLID WASTE MANAGEMENT ACT.
§20-5F-1. Purpose and legislative findings.
(a) The purpose of this article is to transfer jurisdiction
over the management of solid waste under section nine, article
one, chapter sixteen of the code from the division of health to
the division of natural resources and to establish a
comprehensive program of controlling solid waste disposal.
(b) The Legislature finds that uncontrolled, inadequately
controlled and improper collection, transportation, processing
and disposal of solid waste (1) is a public nuisance and a clear
and present danger to people; (2) provides harborages and
breeding places for disease-carrying, injurious insects, rodents
and other pests harmful to the public health, safety and welfare;
(3) constitutes a danger to livestock and domestic animals; (4)
decreases the value of private and public property, causes
pollution, blight and deterioration of the natural beauty and
resources of the state and has adverse economic and social
effects on the state and its citizens; (5) results in the
squandering of valuable nonrenewable and nonreplenishable
resources contained in solid waste; (6) that resource recovery
and recycling reduces the need for landfills and extends their
life; and that (7) proper disposal, resource recovery or
recycling of solid waste is for the general welfare of the
citizens of this state.
(c) The Legislature further finds that disposal in West
Virginia of solid waste from unknown origins threatens the
environment and the public health, safety and welfare, and
therefore, it is in the interest of the public to identify thetype, amount and origin of solid waste accepted for disposal at
West Virginia solid waste facilities.
(d) The Legislature further finds that other states of these
United States of America have imposed stringent standards for
the proper collection and disposal of solid waste and that the
relative lack of such standards and enforcement for such
activities in West Virginia has resulted in the importation and
disposal in the state of increasingly large amounts of
infectious, dangerous and undesirable solid wastes and hazardous
waste from other states by persons and firms who wish to avoid
the costs and requirements for proper, effective and safe
disposal of such wastes in the states of origin.
(e) The Legislature further finds that Class A landfills
often have capacities far exceeding the needs of the state or the
areas of the state which they serve and that such landfills
create special environmental problems that require statewide
coordination of the management of such landfills.
(f) The Legislature further finds that incineration
technologies present potentially significant health and
environmental problems and that the high cost of incineration
technologies makes its use by solid waste facilities
uneconomical.
(g) The Legislature further finds that there is a need for
efforts to continue to develop incineration technologies that are
both environmentally sound and economically feasible.
§20-5F-10. Municipal and commercial solid waste incineration
and backhauling prohibited; exceptions.
(a) Notwithstanding any other provision of this code to thecontrary, it shall be unlawful to install, establish or construct
a new municipal or commercial solid waste facility utilizing
incineration technology for the purpose of municipal solid waste
incineration: prior to the first day of May, one thousand nine
hundred ninety-three:
Provided
, That such prohibition shall not
include the development of small-scale demonstration or pilot
projects designed to analyze the efficiency or environmental
impacts of incineration technologies.
(b) It shall be unlawful to engage in the practice of
backhauling as such term is defined in section two of this
article.