H. B. 2329

(By Delegates Linch, Fleischauer, Hutchins,

Rowe, Riggs and Trump)

[Introduced January 21, 1999;

referred to the Committee on the Judiciary then Finance.]





A BILL to amend and reenact sections two and seven, article fifteen, chapter twenty-two of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and reenact section one-b, article two, chapter twenty-four all generally relating to rates, collection and disposal of residential solid waste; requiring land fills and transfer stations to accept bulky goods and waste tires; prohibiting disposal of waste tires in landfills; expanding general jurisdiction of the public service commission over commercial solid waste facilities and transporters of solid waste; requiring the public service commission to develop and implement use sensitive rates for collection of solid waste; requiring public hearings; requiring submission of a report to the governor and legislature; and requiring the public service commission to develop and implement a plan for collection of bulky goods.

Be it enacted by the Legislature of West Virginia:
That sections two and eight, article fifteen, chapter twenty- two of the code of West Virginia, one thousand nine hundred thirty- one, as amended, be amended and reenacted and section one-b, article two, chapter twenty-four be amended and reenacted, all to read as follows:
CHAPTER 22. ENVIRONMENTAL RESOURCES.

ARTICLE 15. SOLID WASTE MANAGEMENT ACT.

 §22-15-2. Definitions.
Unless the context clearly requires a different meaning, as used in this article the terms:
(1) "Agronomic rate" means the whole sewage sludge application rate, by dry weight, designed:
(A) To provide the amount of nitrogen needed by the food crop, feed crop, fiber crop, cover crop or vegetation on the land; and
(B) To minimize the amount of nitrogen in the sewage sludge that passes below the root zone of the crop or vegetation grown on the land to the groundwater.
(2) "Applicant" means the person applying for a commercial solid waste facility permit or similar renewal permit and any person related to such person by virtue of common ownership, common management or family relationships as the director may specify, including the following: Spouses, parents and children and siblings.
(3) "Approved solid waste facility" means a solid waste facility or practice which has a valid permit under this article.
(4) "Back hauling" means the practice of using the same container to transport solid waste and to transport any substance or material used as food by humans, animals raised for human consumption or reusable item which may be refilled with any substance or material used as food by humans.
(5) "Bulking agent" means any material mixed and composted with sewage sludge.
(6)"Bulky goods" means those items of residential solid waste which the resident disposes of from time to time, which are too large to be placed in normal residential disposal containers and includes household furniture, carpet and large appliances such as washers and dryers.
(6) (7) "Class A facility" means a commercial solid waste
facility which handles an aggregate of between ten thousand and thirty thousand tons of solid waste per month. Class A facility includes two or more Class B solid waste landfills owned or operated by the same person in the same county, if the aggregate tons of solid waste handled per month by such landfills exceeds nine thousand nine hundred ninety-nine tons of solid waste per month.
(7) (8) "Commercial recycler" means any person, corporation or business entity whose operation involves the mechanical separation of materials for the purpose of reselling or recycling at least seventy percent by weight of the materials coming into the commercial recycling facility.
(8) (9) "Commercial solid waste facility" means any solid waste facility which accepts solid waste generated by sources other than the owner or operator of the facility and does not include an approved solid waste facility owned and operated by a person for the sole purpose of the disposal, processing or composting of solid wastes created by that person or such person and other persons on a cost-sharing or nonprofit basis and does not include land upon which reused or recycled materials are legitimately applied for structural fill, road base, mine reclamation and similar applications.
(9) (10) "Compost" means a humus-like material resulting from aerobic, microbial, thermophilic decomposition of organic materials.
(10) (11) "Composting" means the aerobic, microbial, thermophilic decomposition of natural constituents of solid waste to produce a stable, humus-like material.
(11) (12) "Commercial composting facility" means any solid waste facility processing solid waste by composting, including sludge composting, organic waste or yard waste composting, but does not include a composting facility owned and operated by a person for the sole purpose of composting waste created by that person or such person and other persons on a cost-sharing or nonprofit basis and shall not include land upon which finished or matured compost is applied for use as a soil amendment or conditioner.
(12) (13) "Cured compost" or "finished compost" means compost which has a very low microbial or decomposition rate which will not reheat or cause odors when put into storage and that has been put through a separate aerated curing cycle stage of thirty to sixty days after an initial composting cycle or compost which meets all regulatory requirements after the initial composting cycle.
(13) (14) "Director" means the director of the division of environmental protection or such other person to whom the director has delegated authority or duties pursuant to article one of this chapter.
(14) (15) "Division" means the division of environmental protection.
(15) (16) "Energy recovery incinerator" means any solid waste facility at which solid wastes are incinerated with the intention of using the resulting energy for the generation of steam, electricity or any other use not specified herein.
(16) (17) "Incineration technologies" means any technology that uses controlled flame combustion to thermally break down solid waste, including refuse-derived fuel, to an ash residue that contains little or no combustible materials, regardless of whether the purpose is processing, disposal, electric or steam generation or any other method by which solid waste is incinerated.
(17) (18) "Incinerator" means an enclosed device using controlled flame combustion to thermally break down solid waste, including refuse-derived fuel, to an ash residue that contains little or no combustible materials.
(18) (19) "Landfill" means any solid waste facility for the disposal of solid waste on or in the land for the purpose of permanent disposal. Such facility is situated, for purposes of this article, in the county where the majority of the spatial area of such facility is located.
(19) (20) "Materials recovery facility" means any solid waste facility at which source-separated materials or materials recovered through a mixed waste processing facility are manually or mechanically shredded or separated for purposes of reuse and recycling, but does not include a composting facility.
(20) (21) "Mature compost" means compost which has been produced in an aerobic, microbial, thermophilic manner and does not exhibit phytotoxic effects.
(21) (22) "Mixed solid waste" means solid waste from which materials sought to be reused or recycled have not been source- separated from general solid waste.
(22) (23) "Mixed waste processing facility" means any solid waste facility at which materials are recovered from mixed solid waste through manual or mechanical means for purposes of reuse, recycling or composting.
(23) (24) "Municipal solid waste incineration" means the burning of any solid waste collected by any municipal or residential solid waste disposal company.
(24) (25) "Open dump" means any solid waste disposal which does not have a permit under this article, or is in violation of state law, or where solid waste is disposed in a manner that does not protect the environment.
(25) (26) "Person" or "persons" means any industrial user, public or private corporation, institution, association, firm or company organized or existing under the laws of this or any other state or country; state of West Virginia; governmental agency, including federal facilities; political subdivision; county commission; municipal corporation; industry; sanitary district; public service district; drainage district; soil conservation district; watershed improvement district; partnership; trust; estate; person or individual; group of persons or individuals acting individually or as a group; or any legal entity whatever.
(26) (27) "Publicly owned treatment works" means any treatment works owned by the state or any political subdivision thereof, any municipality or any other public entity which processes raw domestic, industrial or municipal sewage by any artificial or natural processes in order to remove or so alter constituents as to render the waste less offensive or dangerous to the public health, comfort or property of any of the inhabitants of this state, before the discharge of the plant effluent into any of the waters of this state, and which produces sewage sludge.
(27) (28) "Recycling facility" means any solid waste facility for the purpose of recycling at which neither land disposal nor biological, chemical or thermal transformation of solid waste occurs: Provided, That mixed waste recovery facilities, sludge processing facilities and composting facilities are not considered recycling facilities nor considered to be reusing or recycling solid waste within the meaning of this article, article four, chapter twenty-two-c and article eleven, chapter twenty of this code.
(28) (29) "Sewage sludge" means solid, semisolid or liquid residue generated during the treatment of domestic sewage in a treatment works. Sewage sludge includes, but is not limited to, domestic septage, scum or solids removed in primary, secondary or advanced wastewater treatment processes and a material derived from sewage sludge. "Sewage sludge" does not include ash generated during the firing of sewage sludge in a sewage sludge incinerator.
(29) (30) "Sewage sludge processing facility" is a solid waste facility that processes sewage sludge for: (A) Land application; (B) incineration; or (C) disposal at an approved landfill. Such processes include, but are not limited to, composting, lime stabilization, thermophilic, microbial and anaerobic digestion.
(30) (31) "Sludge" means any solid, semisolid, residue or precipitate, separated from or created by a municipal, commercial or industrial waste treatment plant, water supply treatment plant or air pollution control facility or any other such waste having similar origin.
(31) (32) "Solid waste" means any garbage, paper, litter, refuse, cans, bottles, waste processed for the express purpose of incineration; sludge from a waste treatment plant; water supply treatment plant or air pollution control facility; and other discarded materials, including offensive or unsightly matter, solid, liquid, semisolid or contained liquid or gaseous material resulting from industrial, commercial, mining or community activities but does not include solid or dissolved material in sewage or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources and have permits under article five-a of this chapter, or source, special nuclear or byproduct material as defined by the Atomic Energy Act of 1954, as amended, including any nuclear or byproduct material considered by federal standards to be below regulatory concern, or a hazardous waste either identified or listed under article five-e of this chapter or refuse, slurry, overburden or other wastes or material resulting from coal-fired electric power or steam generation, the exploration, development, production, storage and recovery of coal, oil and gas and other mineral resources placed or disposed of at a facility which is regulated under chapter twenty-two, twenty-two-a or twenty-two-b of this code, so long as such placement or disposal is in conformance with a permit issued pursuant to such chapters.
(32) (33) "Solid waste disposal" means the practice of disposing of solid waste including placing, depositing, dumping or throwing or causing any solid waste to be placed, deposited, dumped or thrown.
(33) (34) "Solid waste disposal shed" means the geographical area which the solid waste management board designates and files in the state register pursuant to section eight, article twenty-six, chapter sixteen of this code.
(34) (35) "Solid waste facility" means any system, facility, land, contiguous land, improvements on the land, structures or other appurtenances or methods used for processing, recycling or disposing of solid waste, including landfills, transfer stations, materials recovery facilities, mixed waste processing facilities, sewage sludge processing facilities, commercial composting facilities and other such facilities not herein specified, but not including land upon which sewage sludge is applied in accordance with section twenty of this article. Such facility shall be deemed to be situated, for purposes of this article, in the county where the majority of the spatial area of such facility is located: Provided, That a salvage yard, licensed and regulated pursuant to the terms of article twenty-three, chapter seventeen of this code, is not a solid waste facility.
(35) (36) "Solid waste facility operator" means any person or persons possessing or exercising operational, managerial or financial control over a commercial solid waste facility, whether or not such person holds a certificate of convenience and necessity or a permit for such facility.
(36) (37) "Source-separated materials" means materials separated from general solid waste at the point of origin for the purpose of reuse and recycling but does not mean sewage sludge.
§22-15-7. Special provisions for residential solid waste and bulky goods disposal.
(a) All commercial and public landfills shall establish and publish a yearly schedule providing for one day per month on which a person not in the business of hauling or disposing of solid waste may dispose of, in a landfill, an amount of residential solid waste, up to one pick-up truckload or its equivalent, free of all charges and fees: Provided, That the provisions of this section shall not take effect until the first day of July, one thousand nine hundred ninety-eight. Any person who is not a resident of West Virginia may only participate in the monthly free disposal day upon proof that his or her state of residence would likewise allow West Virginia residents to dispose of residential solid waste in the same or substantially similar manner.
(b) All commercial landfills and transfer stations shall accept waste tires and bulky goods. Waste tires may be collected and temporarily stored or processed at a landfill, but not disposed of except as provided in section eight, article eleven, chapter twenty of this code and the rules promulgated thereunder. Bulky goods may be disposed of in a landfill if they can not be recycled. The director shall propose for legislative promulgation a rule for the proper recycling or disposal of bulky goods, including removal of contaminants such as freon which may be in bulky goods.
CHAPTER 24. PUBLIC SERVICE COMMISSION.
ARTICLE 2. POWERS AND DUTIES OF PUBLIC SERVICE COMMISSION.
§24-2-1b. Additional jurisdiction of commission.

(a) Effective the first day of July, one thousand nine hundred eighty-eight, in In addition to all other powers and duties of the commission as defined in this article, the commission shall establish, prescribe and enforce rates and fees charged by commercial solid waste facilities, as defined in section two, article fifteen, chapter twenty-two of this code, that are owned or under the direct control of persons or entities who are regulated under section five, article two, chapter twenty-four-a of this code. The commission shall establish, prescribe and enforce rules providing for the safe transportation of solid waste in the state.
(b) The public service commission shall study the feasibility of incorporating and adopting guidelines for solid waste collection fees that are based upon the volume of solid waste generated by any person. This report shall be submitted to the governor and the members of the Legislature on or before the first day of January, one thousand nine hundred ninety-three. Within one year of the effective date of this act, the public service commission shall implement a phase in of use sensitive rates for collection of solid waste throughout West Virginia. The rates may be based upon a per bag fee, weight or other method determined by the commission to be in the best interest of the citizens of West Virginia. The commission shall have public hearings on the development of use sensitive rates and shall encourage, accept and consider all written and oral public comments. Use sensitive rates shall not be implemented in any service area where such rates would increase the customer's cost for service. The rate system must be in place and fully operational within three years of its implementation. The commission shall submit a report on the system to the governor, the president of the Senate and the speaker of the House of Delegates on or before the tenth day of the regular session of the Legislature in the year two thousand one. The report shall include but not be limited to the fiscal impact of use sensitive solid waste disposal rates on individuals and business covered by the rates; the impact on certificated motor carriers, solid waste facilities, recycling and the need for any adjustments in the rates or the system.
 (c) The public service commission shall implement a plan for the collection of residential bulky goods in West Virginia. The collection rates may be based upon a flat rate not to exceed fifty cents per month, included in each subscriber's bill, a per item fee, weight or other method determined by the commission to be in the best interest of the citizens of West Virginia. The collection of bulky goods shall occur at least monthly. For the purposes of this section, "bulky goods" means those items of residential solid waste which the resident disposes of from time to time, which are too large to be placed in normal residential disposal containers and includes household furniture, carpet and large appliances such as washers and dryers. Certificated motor carriers, landfills and transfer stations that remove contaminants such as freon from bulky goods may apply for a rate increase to cover the actual cost of contaminant removal.
NOTE: The purpose of this bill is to provide for use sensitive residential solid waste collection rates and collection of bulky goods.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.

This bill was recommended by the Joint Committee on the Judiciary for introduction and passage in the 1999 legislative session.