Senate Bill No. 174

(By Senators Snyder, Dittmar and Bowman)

____________

[ Introduced January 21, 1999;

referred to the Committee on the Judiciary; and then to the Committee on Finance.]

____________




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.