H. B. 4508
(By Delegates Trump, Faircloth,
Stalnaker and Azinger)
[Introduced February 11, 2000; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section two, article fifteen, chapter
twenty-two of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to the solid waste
management act and its definitions; and removing from the
definition of "solid waste" tree stumps severed from real
property and buried or disposed upon any real property owned
by the owner of the property from which severed.
Be it enacted by the Legislature of West Virginia:
That section two, article fifteen, chapter twenty-two of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 15. SOLID WASTE MANAGEMENT ACT.
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 the person by virtue of common ownership,
common management or family relationships as the director may
specify, including the following: Spouses, parents and children
(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) "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 the landfills exceeds nine thousand
nine hundred ninety-nine tons of solid waste per month.
(7) "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) "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 that 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
(9) "Compost" means a humus-like material resulting from
aerobic, microbial, thermophilic decomposition of organic
(10) "Composting" means the aerobic, microbial, thermophilic
decomposition of natural constituents of solid waste to produce a
stable, humus-like material.
(11) "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
that person and other persons on a cost-sharing or nonprofit basis
and shall does not include land upon which finished or matured
compost is applied for use as a soil amendment or conditioner.
(12) "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) "Director" means the director of the division of
environmental protection or
such other a person to whom the
director has delegated authority or duties pursuant to article one
of this chapter.
(14) "Division" means the division of environmental
(15) "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) "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) "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
(18) "Landfill" means any solid waste facility for the
disposal of solid waste on or in the land for the purpose of
Such The facility is situated, for purposes of
this article, in the county where the majority of the spatial area
of such the facility is located.
(19) "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) "Mature compost" means compost which has been produced in
an aerobic, microbial, thermophilic manner and does not exhibit
(21) "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) "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) "Municipal solid waste incineration" means the burning of
any solid waste collected by any municipal or residential solid
waste disposal company.
(24) "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
(25) "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) "Publicly owned treatment works" means any treatment
works owned by the state or any political subdivision
the state, 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) "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
(28) "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) "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.
These processes include, but are not limited to, composting, lime
stabilization, thermophilic, microbial and anaerobic digestion.
(30) "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
(31) "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 the placement or
disposal is in conformance with a permit issued pursuant to such
those chapters. "Solid waste" does not include tree stumps which
are severed from real property by the owner of the property and
which are subsequently buried or disposed of upon any real property
owned by the owner of the real estate from which the tree stumps
(32) "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) "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) "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 The facility shall be
deemed to be is situated, for purposes of this article, in the
county where the majority of the spatial area of such the 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) "Solid waste facility operator" means any person or
persons possessing or exercising operational, managerial or
financial control over a commercial solid waste facility, whether
such the person holds a certificate of convenience and necessity or a permit for such the facility.
(36) "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.
NOTE: The purpose of this bill is to remove from the
definition of "solid waste" tree stumps severed from real property
by the owner and subsequently buried or disposed of upon any
property owned by the owner of the property from which severed.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would