Senate Bill No. 400

(By Senators Craigo, Brackenrich and Boley)

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[Introduced March 18, 1993; referred to the Committee
on Natural Resources.]

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A BILL to amend and reenact section eight, article eleven, chapter twenty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to prohibition on the disposal of certain items; plans for the proper handling of said items required; rules required; and report to be prepared and submitted.

Be it enacted by the Legislature of West Virginia:
That section eight, article eleven, 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 11. WEST VIRGINIA RECYCLING PROGRAM.

§20-11-8. Prohibition on the disposal of certain items; plans for the proper handling of said items required; rules required; report to be prepared and submitted.

(a) Effective the first day of June, one thousand nine hundred ninety-three, it shall be unlawful to deposit yard waste, including grass clippings and leaves and lead-acid batteries andtires in a solid waste facility in West Virginia; and effective the first day of June, one thousand nine hundred ninety-five, it shall be unlawful to deposit tires in a solid waste facility in West Virginia: Provided, That such prohibition does prohibitions do not apply to a facility designed specifically to compost such yard waste, or otherwise recycle or reuse such items: Provided, however, That reasonable and necessary exceptions to such prohibition prohibitions may be included as part of the rules and regulations promulgated pursuant to subsection (c) of this section.
(b) No later than the first day of May, one thousand nine hundred ninety-two, the solid waste management board, in consultation with the division of natural resources, shall design a comprehensive program to provide for the proper handling of the items mentioned in subsection (a) of this section.
(c) No later than the first day of September, one thousand nine hundred ninety-two, the solid waste management board shall promulgate rules and regulations, in accordance with chapter twenty-nine-a of this code, as amended, to implement the program designed pursuant to subsection (b) of this section.
(d) By the first day of December, one thousand nine hundred ninety-one, the waste management board shall prepare and submit a report summarizing the board's action pursuant to this section and making recommendations, if any, concerning additional items that should be excluded from certain solid waste facilities. Said report shall be submitted to the governor, president of theSenate and the speaker of the House of Delegates.



NOTE: The purpose of this bill is to extend the beginning of the the ban on disposal of tires in solid waste facilities until June 1, 1995.

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