Senate Bill No. 363
(By Senators Kimble and Buckalew)
[Introduced February 2, 1989; referred to the Committee
on the Judiciary; and then to the Committee on Finance.]
A BILL to repeal section seven, article fifteen, chapter twenty- two of the code of West Virginia, one thousand nine hundred
thirty-one, as amended; to repeal section ten, article four,
chapter twenty-two-c of said code; and to amend chapter
twenty-two of said code, by adding thereto a new article,
designated article fifteen-a, all 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 seven, article fifteen, chapter twenty-two of
the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be repealed; that section ten, article four, chapter
twenty-two-c of said code be repealed; and that chapter twenty- two of said code be amended by adding thereto a new article,
designated article fifteen-a, all 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
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
§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
(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.