COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 400
(By Senators Craigo, Brackenrich and Boley)
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[Originating in the Committee on Natural Resources;
reported March 31, 1993.]
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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 extending
the deadline for prohibition on the disposal of yard waste,
lead-acid batteries and tires in solid waste facilities.
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 PLAN.
ยง20-11-8. Prohibition on the disposal of certain items; plans
for the proper handling of said items required.
(a) Effective the first day of June, one thousand nine
hundred ninety-four, it shall be unlawful to deposit yard waste,
including grass clippings and leaves, and lead-acid batteries in
a solid waste facility in West Virginia; effective the first day
of June, one thousand nine hundred ninety-five, it shall beunlawful to deposit tires in a solid waste facility in West
Virginia: Provided, That such 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 prohibitions may be
included as part of the rules promulgated pursuant to subsection
(c) of this section.
(b) No later than the first day of May, one thousand nine
hundred ninety-three, the solid waste management board shall
design a comprehensive program to provide for the proper handling
of yard waste and lead-acid batteries. No later than the first
day of May, one thousand nine hundred ninety-four, a
comprehensive plan shall be designed in the same manner to
provide for the proper handling of tires.
(c) No later than the first day of August, one thousand nine
hundred ninety-three, the division of environmental protection
shall promulgate rules, in accordance with chapter twenty-nine-a
of this code, as amended, to implement and enforce the program
for yard waste and lead-acid batteries designed pursuant to
subsection (b) of this section. No later than the first day of
August, one thousand nine hundred ninety-four, the division of
environmental protection shall promulgate rules, in accordance
with said chapter, as amended, to implement and enforce the
program for tires designed pursuant to subsection (b) of this
section.
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(NOTE: The purpose of this bill is to extend the deadline
for prohibition on disposal of yard waste, lead-acid batteriesand tires in solid waste facilities. The bill also transfers
authority for making rules to implement and enforce a program for
the handling of these items from the solid waste management board
to the division of environmental protection, and omits language
concerning a report already submitted.)