COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 178
(By Senator Grubb)
__________
(Originating in the Committee on Finance;
and then to the Committee on the Judiciary.)
{reported February 23, 1994.]
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A BILL to amend and reenact section seventeen, article three,
chapter sixty-four of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to
authorizing the division of environmental protection to
promulgate legislative rules relating to yard waste
composting.
Be it enacted by the Legislature of West Virginia:
That section seventeen, article three, chapter sixty-four of
the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted, to read as follows:
ARTICLE 3. AUTHORIZATION FOR DEPARTMENT OF COMMERCE, LABOR AND
ENVIRONMENTAL RESOURCES TO PROMULGATE LEGISLATIVE RULES.
§64-3-17. Division of environmental protection.
(a) The legislative rules filed in the state register on the
eleventh day of October, one thousand nine hundred ninety-one,
modified by the division of environmental protection to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the ninth day of November, one
thousand nine hundred ninety-two, relating to the division ofenvironmental protection (operator's designation of bona fide
future use of oil and gas wells - qualification for inactive
status), are authorized.
(b) The legislative rules filed in the state register on the
third day of September, one thousand nine hundred ninety-two,
modified by the division of environmental protection to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the nineteenth day of February,
one thousand nine hundred ninety-three, relating to the division
of environmental protection (oil and gas wells and other wells),
are authorized.
(c) The legislative rules filed in the state register on the
third day of September, one thousand nine hundred ninety-two,
modified by the division of environmental protection to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the nineteenth day of February,
one thousand nine hundred ninety-three, relating to the division
of environmental protection (abandoned wells), are authorized.
(d) The legislative rules filed in the state register on the
eighteenth day of September, one thousand nine hundred ninety-
two, modified by the division of environmental protection to meet
the objections of the legislative rule-making review committee
and refiled in the state register on the nineteenth day of
February, one thousand nine hundred ninety-three, relating to the
division of environmental protection (underground storage tank
assessment fees), are authorized.
(e) The legislative rules filed in the state register on the
eighteenth day of September, one thousand nine hundred ninety-two, relating to the division of environmental protection
(underground storage tanks), are authorized.
(f) The legislative rules filed in the state register on the
eighteenth day of September, one thousand nine hundred ninety-
two, modified by the division of environmental protection to meet
the objections of the legislative rule-making review committee
and refiled in the state register on the nineteenth day of
February, one thousand nine hundred ninety-three, relating to the
division of environmental protection (hazardous waste
management), are authorized.
(g) The legislative rules filed in the state register on the
third day of March, one thousand nine hundred ninety-two,
modified by the division of environmental protection to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the eighteenth day of February,
one thousand nine hundred ninety-three, relating to the division
of environmental protection (groundwater protection act fee
schedule), are authorized.
(h) The legislative rules filed in the state register on the
sixteenth day of August, one thousand nine hundred ninety-three,
modified by the division of environmental protection to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the twenty-first day of January,
one thousand nine hundred ninety-four, relating to the division
of environmental protection (yard waste composting), are
authorized with the following amendment:
On page 2, by striking out all of section 2.3 and inserting
in lieu thereof a new section 2.3 to read as follows:
2.3. "Non-residential composting activities" means a
composting activity by persons such as landscape contractors,
nurseries or greenhouses, lawn and garden companies, solid waste
authorities and municipalities which are authorized to compost up
to twelve thousand (12,000) tons per year of yard waste materials
consisting of grass clippings, weeds, leaves, brush/shrub or tree
prunings and other acceptable compostable materials which have
been approved in writing by the chief to produce a safe product
for use as a soil amendment/soil conditioner.