H. B. 2784


(By Delegate Johnson)
[Introduced March 31, 1993; referred to the
Committee on the Judiciary.]




A BILL to amend and reenact section four-b, article five-f, chapter twenty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to solid waste disposal facilities generally; requiring commercial and public solid waste authorities to develop a method of waiving fees for people who are unable to pay for the service; and eliminating the free disposal day.

Be it enacted by the Legislature of West Virginia:
That section four-b, article five-f, chapter twenty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 5F. SOLID WASTE MANAGEMENT ACT.

§20-5F-4b. Special provision for residential solid waste disposal.

All commercial and public solid waste facilities shall establish and publish a yearly schedule providing for one day per month on which a person not in the business of hauling ordisposing of solid waste, who is a resident of the wasteshed in which the facility is located, may dispose of an amount of residential solid waste up to one pick-up truckload or its equivalent, free of all charges and fees develop, implement and publish throughout the wasteshed, a system to allow persons unable to pay disposal fees because of financial indigency to file an application for a waiver of disposal fees. Upon verification of the inability of an applicant to pay based on financial indigency, a commercial or public solid waste facility shall waive any required fees for the applicant for one year. A new application for a waiver of disposal fees must be filed with and approved by the commercial or public solid waste facility each year in order for the waiver to be effective for succeeding years.



NOTE: The purpose of this bill is to require commercial and public solid waste facilities to provide fee waivers for persons unable to pay disposal fees. The bill also eliminates provisions for free disposal one day each month.

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