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.