H. B. 4336
(By Delegate Kuhn)
[Introduced February 1, 2000; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend and reenact section seven, article three, chapter
twenty-two-c of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to requiring the
solid waste management board to incorporate in the state solid
waste management plan the use of abandoned coal mines to
dispose of solid waste.
Be it enacted by the Legislature of West Virginia:
That section seven, article three, chapter twenty-two-c of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 3. SOLID WASTE MANAGEMENT BOARD.
§22C-3-7. Development of state solid waste management plan.
On or before the first day of January, one thousand nine
hundred ninety-three, the solid waste management board shall
prepare an overall state plan for the proper management of solid
waste:
Provided,
That such plan shall be consistent with the
findings and purposes of article four of this chapter, article
fifteen of chapter twenty-two and article eleven of chapter twenty
of this code:
Provided, however,
That such plan shall incorporate
the county or regional plans developed pursuant to sections eight
and twenty-four, article four of this chapter, as amended:
Provided further,
That such plan shall be updated every two years
following its initial preparation: And provided further, That
beginning on or before the first day of January, two thousand two,
the board shall incorporate into the plan the use of abandoned coal
mines or coal mines not otherwise in operation, existing throughout
the state, for the disposal of solid waste. The board shall,
through the use of personnel authorized by subsection twelve,
section six of this article, determine the location of any such
mines, the current owner of the site wherein each mine is located,
and whether the mine would provide a protected area for the
practical disposal of solid waste that would pose no health hazard
to the environment or to any existing water supply or source. Upon determining that a particular coal mine is suitable for the storage
of solid waste, the board shall proceed to acquire the site
pursuant to the provisions of articles one and two, chapter fifty-
four of this code. The board is hereby directed to propose rules
for legislative approval, in accordance with the provisions of
article three, chapter twenty-nine-a of this code, designed to
provide for the safe and appropriate disposal of solid waste in
approved coal mine sites under the provisions of this section.
NOTE: The purpose of this bill is to require the use of
abandoned coal mines for disposal of solid waste in the statewide
solid waste management plan.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.