Senate Bill No. 174
(By Senators Snyder, Dittmar and Bowman)
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[ Introduced January 21, 1999;
referred to the Committee on the Judiciary; and then to the
Committee on Finance.]
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A BILL to amend and reenact section seven, article fifteen,
chapter twenty-two of the code of West Virginia, one
thousand nine hundred thirty-one, as amended; to amend
and reenact section ten, article four, chapter twenty- two-c of said code; and to amend and reenact section one- b, article two, chapter twenty-four of said code, all
relating to collection and disposal of solid waste;
providing for monthly disposal of residential solid waste
without charge; requiring commercial landfills and
transfer stations to accept waste tires and bulky goods;
prohibiting permanent disposal of waste tires in
landfill; exceptions; rulemaking; providing that all
persons are waste generators; requiring use of collection
service or other lawful means of disposal; requiring solid waste
management board and division of natural resources
implement universal solid waste collection and disposal
and enforcement; requiring proof of lawful disposal;
requiring certificated motor carriers and municipalities
to provide customer lists; requiring landfills to provide
receipts to customers and customer lists; creating civil
penalties; requiring rulemaking; authorizing enforcement
fee; creating solid waste disposal verification fund;
specifying how fee is to be used; providing for
additional jurisdiction of public service commission;
requiring commission to establish use -sensitive rates for
collection of solid waste; requiring commission to
establish plan for collection of residential bulky goods;
and providing for rate making.
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 amended and reenacted; that section ten, article four,
chapter twenty-two-c be amended and reenacted; and that 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.
§22-15-7. 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
permanently 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 22C. ENVIRONMENTAL RESOURCES; BOARDS,
AUTHORITIES, COMMISSIONS AND COMPACTS.
ARTICLE 4. COUNTY AND REGIONAL SOLID WASTE AUTHORITIES.
§22C-4-10. Mandatory disposal; proof required; penalty imposed;
enforcement of mandatory solid waste disposal; establishment of enforcement fee and collection thereof; administration fee.
(a) Each person occupying a residence or operating a business
establishment, all governmental entities, and public or private
charitable, educational or religious institutions in this state are
solid waste generators and shall either:(1) Subscribe to and use
a solid waste collection service and pay the fees established
therefor; or utilize any other lawful means of solid waste
disposal; and (2) Provide, upon request of the solid waste
management board or the division of natural resources,
proper proof
that said person properly disposes of , of lawful disposal of solid
waste. solid waste at approved solid waste facilities or in any
other lawful manner. The director of the division of environmental protection shall promulgate rules pursuant to chapter twenty-nine-a
of this code regarding an approved method or methods of supplying
such proper proof.
(b) The solid waste management board in consultation and
collaboration with the public service commission shall prepare and
submit, no later than the first day of October, one thousand nine
hundred ninety-two, a report concerning the feasibility of
implementing a mandatory fee for the collection and disposal of
solid waste in West Virginia:
Provided,
That such plan shall
consider such factors as affordability, impact on open dumping and
other relevant matters. The report shall be submitted to the
governor, the president of the Senate and the speaker of the House
of Delegates.
(c) The public service commission in consultation and
collaboration with the division of human services shall prepare and
submit, no later than the first day of October, one thousand nine
hundred ninety-two, a report concerning the feasibility of reducing
solid waste collection fees to individuals who directly pay such
fees and who receive public assistance from state or federal
government agencies and are therefore limited in their ability to
afford to pay for solid waste disposal. This report shall consider
the individual's health and income maintenance and other relevant matters. This report shall also include recommended procedures for
individuals or households to qualify for and avail themselves of a
reduction in fees. This report shall be submitted to the governor,
the president of the Senate and the speaker of the House of
Delegates.
(b) The solid waste management board and the division of
natural resources shall provide for enforcement of universal solid
waste collection and disposal by the first day of July, two
thousand.
(c) The solid waste management board shall provide, at a
minimum, (1) a means to verify that collection or disposal services
are used by all in-state generators of solid waste which assures
lawful disposal of all solid waste and (2) education of the public
about the requirements of this section and the overall goals and
responsibilities of solid waste management.
(d) The solid waste management board shall develop a mechanism
for the prompt referral of persons who fail to comply with the
mandatory disposal requirements of this act to the law enforcement
section of the division of natural resources for enforcement action
pursuant to the requirements of this section.
(e) The division of natural resources shall, upon receipt of
notice from the solid waste management board that a person has failed to provide proof of lawful disposal of his or her solid
waste, enforce the provisions of this act.
(f) Each certificated motor carrier and any municipality
providing collection services shall provide to the solid waste
management board a list of all of its service subscribers including
both names and addresses to assist in the verification and
enforcement process. The list, in a form and format specified by
the board, shall initially be provided when requested by the solid
waste management board, thereafter, changes to the subscriber lists
shall be provided to the board on a quarterly basis. Provision of
the information required by this subsection shall be a requirement
for holding a motor carrier certificate pursuant to section five,
article two, chapter twenty-four-a of this code. The solid waste
management board shall promptly notify the public service
commission of any certificated motor carrier that fails to provide
the information required by this subsection. Any municipality that
fails to provide the information required by this subsection shall
pay the costs incurred by the solid waste management board in
obtaining the information from other sources or by other means.
The solid waste management board shall release this information to
the division of natural resources as required for enforcement of
this article.
(g) Solid waste generators whose primary disposal method is
utilization of the monthly free day as provided for in section
seven, article fifteen, chapter twenty-two of this code. and
individuals disposing of solid waste for a fee at a solid waste
facility shall provide verification from the solid waste facility
of lawful disposal of solid waste. All solid waste facilities
shall provide receipts to each solid waste generator disposing of
solid waste at the facility. All solid waste facilities must
provide the names, address and frequency of use when requested by
the solid waste management board. Failure of a solid waste
facility to provide this information shall be deemed a failure to
meet the requirements for holding a certificate of need issued
pursuant to article two, chapter twenty-four of this code.
(h) A graduated system of civil penalties shall be imposed
upon any person who pleads guilty or is found guilty of violating
the mandatory disposal and proof requirements set forth in this
section. For the first offense the person not participating in
solid waste collection services or other lawful method of disposal
shall be issued a written warning and required to participate in
collection service or other lawful method of disposal. For the
second offense the person not participating in solid waste
collection services or other lawful method of disposal shall be fined fifty dollars, assessed the unpaid average fee charged by the
certificated motor carrier or municipality serving the area, for
the period of time between the first and second offense and be
required to participate in collection services or other lawful
method of disposal. For the third and subsequent offenses a civil
penalty of one hundred fifty dollars shall be assessed to the
person not participating in solid waste collection services or
other lawful method of disposal, in addition to the unpaid average
fee charged by the certificated motor carrier or municipality
serving the area, for every year that a fee was not paid and
required to participate in collection services or other lawful
method of disposal. The civil penalties and fees collected
pursuant to this subsection shall be paid into a special revenue
account of the state treasury to be disbursed to the division of
natural resources for enforcement of this article.
(i) The solid waste management board and the division of
natural resources shall each propose rules for legislative
promulgation, pursuant to article three, chapter twenty-nine-a, of
this code, necessary for the implementation and enforcement of
their duties as set out in this section. The solid waste
management board shall propose rules for legislative promulgation,
pursuant to article three, chapter twenty-nine-a, of this code, to provide exemptions for waste generators, who, due to seasonal or
part-time residency, do not require year-round collection or
disposal services, so long as proof of proper collection or
disposal of the generator's solid waste is provided.
(j) The solid waste management board is authorized to assess
an enforcement fee, in the amount of two percent of each
residential solid waste generator's monthly bill and three dollars
per building for commercial, educational, governmental entities and
religious institutions. All certificated motor carriers and
municipalities providing solid waste collection services are
required to collect this fee beginning the first day of July, one
thousand nine hundred ninety-nine, from all waste generators
receiving collection services
. The fee shall be collected and
remitted to the solid waste management board, established in
article three, chapter twenty-two-c of this code.
(k) There is hereby created a special revenue account known as
the "Solid Waste Disposal Verification Fund". The solid waste
enforcement fee pursuant to subsection (j) of this section shall be
deposited into the "Solid Waste Disposal Verification Fund". Fifty
percent of the proceeds shall be used by the solid waste management
board to carry out its duties and responsibilities under this
article. Expenditures from the fund shall be for the purposes set forth in this section, and are not authorized from collections but
are to be made only in accordance with appropriation by the
Legislature and in accordance with the provisions of article three,
chapter twelve of this code and upon of the fulfillment of the
provisions of article two, chapter five-a of this code: Provided,
that for the fiscal year, ending the thirtieth day of June, two
thousand, expenditures are authorized from collections rather than
pursuant to appropriation by the Legislature.
(l) The remaining fifty percent of the solid waste enforcement
fee collected pursuant to subsection (j) shall be transferred by
the state treasurer, to the Solid Waste Disposal Enforcement Fund
which is hereby created. The state treasurer shall also deposit
civil penalties, fines and fees collected pursuant to subsection
(h) into the solid waste disposal enforcement fund. Expenditures
from the fund shall be used only for the law enforcement duties and
responsibilities required by this article and are not authorized
from collections but are to be made only is accordance with
appropriation by the Legislature and in accordance with the
provisions of article three, chapter twelve of this code and upon
of the fulfillment of the provisions of article two, chapter five-a
of this code: Provided, that for the fiscal year, ending the
thirtieth day of June, two thousand, expenditures are authorized from collections rather than pursuant to appropriation by the
Legislature.
CHAPTER 24. PUBLIC SERVICE COMMISSION.
ARTICLE 2. POWERS AND DUTIES OF PUBLIC SERVICE COMMISSION.
§24-2-1b. Additional jurisdiction of commission; use sensitive
rates; collection of residential bulky goods.
(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 require and enforce
universal collection of solid waste. It requires landfills and
transfer stations to accept waste tires and bulky goods. The bill
also requires the PSC to establish use sensitive rates for
collection of solid waste and to establish a program for 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 reported out by the Joint Standing Committee on
the Judiciary for introduction but without recommendation.