H. B. 4231


(By Mr. Speaker, Mr. Kiss, By Request,
and Delegates Seacrist, Amores,
Hunt, Miller and Rowe)
[Introduced February 2, 1998; referred to the
Committee on the Judiciary then Finance.]


A BILL to repeal section ten, article four, chapter twenty-two-c of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to repeal section seven, article fifteen, chapter twenty-two of said code; and to amend said chapter twenty-two, by adding thereto a new article, designated article fifteen-a, relating to implementing universal mandatory solid waste collection service statewide; legislative findings and purpose; subscription to solid waste collection service required; proof of solid waste collection service and payment of disposal fees; liens to be imposed by sheriff on real property where no proof of solid waste collection service; certificate procedures; jurisdiction of public service commission and promulgation of rules; civil and criminal penalties; and effective date.

Be it enacted by the Legislature of West Virginia:
That section ten, article four, chapter twenty-two-c of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be repealed; that section seven, article fifteen, chapter twenty-two of said code be repealed; and that said chapter twenty-two be amended by adding thereto a new article, designated article fifteen-a, to read as follows:
ARTICLE 15A. UNIVERSAL MANDATORY SOLID WASTE DISPOSAL ACT.
§22-15A-1. Purpose and legislative findings.

The West Virginia Legislature hereby makes the following findings:
It has been the policy and law of this state for many years that every resident and business shall subscribe to and use a solid waste collection service and pay the fees for that service. This policy and the law have not been followed. Indiscriminate open dumping continues throughout the state and is a serious problem for West Virginia. Open dumping creates the risk of disease, causes pollution, and is unsightly spoiling the natural beauty of this state. This indiscriminate open dumping also results in persons who subscribe to solid waste services paying to clean up open dumps and paying higher rates for solid waste services. Accordingly, the Legislature adopts this legislation.
§22-15A-2. Mandatory disposal of solid waste.
Every person occupying a residence, and every person, partnership or corporation operating a business shall subscribe to and use a solid waste collection service and pay the fees established therefor. For purposes of this article, solid waste is defined as set forth in section two, article fifteen of this chapter.
§22-15A-3. Proof of disposal service and payment of fees; liens to be imposed by sheriff on real property where no proof of disposal service.
(a)Every owner of a residence, and owner of real property on which a dwelling is located or a business is operated, not located within the boundaries of a municipality, shall at the time that the owner pays the real property taxes, present to the sheriff a currently valid certificate, issued by a motor carrier providing solid waste services pursuant to authority granted by the public service commission of West Virginia, acknowledging that the occupant or owner of the residence, or the owner or occupant of the real property on which a business is located, is receiving solid waste services on a continuous basis and is current in paying for such services. A residence or dwelling includes any structure designed or intended for occupancy by one person or one family, but does not include camps or cabins occupied on a part-time basis.
(b)The sheriff of each county shall, at the time real property taxes are paid, require proof in the form of the certificate described above from the owner of the real property that the owner or the occupant is receiving solid waste services on a continuous basis and is current in paying for such services. Upon the failure of the owner to present such a certificate, or upon receiving notification that the owner is no longer receiving solid waste services on a continuous basis, the sheriff shall impose a lien upon such real property in the amount of two hundred fifty dollars to be paid to the sheriff of the county. Such lien shall be recorded on the records of the clerk of the county commission. Such lien may be removed by only presentation to the sheriff of a certificate acknowledging that the owner is currently receiving solid waste services on a continuous basis and is current in paying such services. If such lien is not removed within sixty days the sheriff shall proceed to enforce such lien in the same manner as liens for real property taxes are enforced. The sheriff shall give notice to each property owner that fails to present the required certificate that such failure shall result in a lien.
§22-15A-4. Certificate procedures.
(a) Every motor carrier of solid waste shall issue every six months, on the first day of January and the first day of July, to its residential and business customers residing outside of a municipality, a certificate that such customer is receiving solid waste services on a continuous basis and is current in paying for such services. Where the residence or business is occupied by someone other than the owner of the real property the motor carrier of solid waste may, where the owner of the real property is known to the motor carrier, issue an alternate certificate to the owner of the real property showing that the occupant is receiving solid waste services on a continuing basis and is current in paying for such service. The public service commission shall promulgate rules defining the term "receiving solid waste services on a continuous basis," which shall include standards for determining when a customer is eligible for a certificate, and procedures for providing notice to the sheriff when an owner is no longer receiving solid waste services on a continuous basis.
(b)A county or regional solid waste authority may, upon written application, issue to an owner of real property an exempt certificate. Such exempt certificates may be issued for reasons including, but not limited to: where the real property is not occupied, or there is a legitimate dispute about the payment for the motor carrier services. The county or regional solid waste authority shall, in writing, inform the motor carriers in the county or region of all applications. County or regional solid waste authorities have no authority to resolve disputes between a motor carrier and an owner of real property.
§22-15A-5. Jurisdiction of public service commission; promulgation of rules.
The public service commission of West Virginia shall have responsibility for administering the provisions of this article, and within ninety days of the effective date of this article, shall determine the form of the certificates, the form of the application for exemption, the form of the notice to be given by the sheriffs, and shall promulgate any rules necessary to implement the provisions of this article. The public service commission of West Virginia shall also submit a report to the governor, the president of the Senate and the speaker of the House of Delegates on the tenth day of January, one thousand nine hundred ninety-nine, and on the tenth day of January, two thousand, assessing the effectiveness of this legislation.
§22-15A-6. Civil and criminal penalties.
(a) Any person who violates the provisions of this statute shall pay a civil penalty of two hundred dollars. Such civil penalties shall be paid to the state treasurer. The public service commission shall civilly enforce all of the provisions of this statute, except the criminal provisions, using its existing enforcement and appeal mechanisms.
(b) Any person who fraudulently obtains or fraudulently provides a certificate shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined two thousand dollars, or confined in the county or regional jail for six months, or both fined or imprisoned.
§22-15A-7. Effective date.
This article shall take effect on the first day of November, one thousand nine hundred ninety-eight.

NOTE: The purpose of this bill is to implement universal mandatory trash disposal service statewide.

This article is new; therefore, strike-throughs and underscoring have been omitted.