Senate Bill No. 12
(By Senator Deem)
____________
[Introduced February 14, 2001; referred to the Committee on
Natural Resources; and then to the Committee on the Judiciary.]
____________
A BILL to amend and reenact section three, article three, chapter
twenty-two-c of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to solid waste;
definitions; and excluding yard waste from the definition of
solid waste.
Be it enacted by the Legislature of West Virginia:
That section three, 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-3-3. Definitions.
As used in this article, unless the context clearly requires a different meaning:
(1) "Board" means the solid waste management board provided
for in section four of this article, the duties, powers,
responsibilities and functions of which are specified in this
article.
(2) "Bond" or "solid waste disposal revenue bond" means a
revenue bond or note issued by the solid waste management board,
previously known as the West Virginia resource recovery -- solid
waste disposal authority, to effect the intents and purposes of
this article.
(3) "Construction" includes reconstruction, enlargement,
improvement and providing furnishings or equipment for a solid
waste disposal project.
(4) "Cost" means, as applied to solid waste disposal
projects, the cost of their acquisition and construction; the
cost of acquisition of all land, rights-of-way, property, rights,
easements, franchise rights and interests required by the board
for such the acquisition and construction; the cost of
demolishing or removing any buildings or structures on land so
acquired, including the cost of acquiring any land to which such
the buildings or structures may be moved; the cost of diverting highways, interchange of highways and access roads to private
property, including the cost of land or easements therefor; the
cost of all machinery, furnishings and equipment; all financing
charges and interest prior to and during construction and for no
more than eighteen months after completion of construction; the
cost of all engineering services and all expenses of research and
development with respect to solid waste facilities; the cost of
all legal services and expenses; the cost of all plans,
specifications, surveys and estimates of cost and revenues; all
working capital and other expenses necessary or incident to
determining the feasibility or practicability of acquiring or
constructing any such project; all administrative expenses and
such other expenses as may be necessary or incident to the
acquisition or construction of the project; the financing of such
the acquisition or construction, including the amount authorized
in the resolution of the board providing for the issuance of
solid waste disposal revenue bonds to be paid into any special
funds from the proceeds of such the bonds; and the financing of
the placing of any such project in operation. Any obligation or
expenses incurred by any governmental agency, with the approval
of the board, for surveys, borings, preparation of plans and specifications and other engineering services in connection with
the acquisition or construction of a project are a part of the
cost of such the project and shall be reimbursed out of the
proceeds of loans or solid waste disposal revenue bonds as
authorized by the provisions of this article.
(5) "Governmental agency" means the state government or any
agency, department, division or unit thereof; counties;
municipalities; watershed improvement districts; soil
conservation districts; sanitary districts; public service
districts; drainage districts; regional governmental authorities
and any other governmental agency, entity, political subdivision,
public corporation or agency having the authority to acquire,
construct or operate solid waste facilities; the United States
government or any agency, department, division or unit thereof;
and any agency, commission or authority established pursuant to
an interstate compact or agreement.
(6) "Industrial waste" means any solid waste substance
resulting from, or incidental to, any process of industry,
manufacturing, trade or business or from or incidental to the
development, processing or recovery of any natural resource.
(7) "Owner" includes all persons, partnerships or governmental agencies having any title or interest in any
property rights, easements and interests authorized to be
acquired by this article.
(8) "Person" means any public or private corporation,
institution, association, firm or company organized or existing
under the laws of this or any other state or country; the United
States or the state of West Virginia; governmental agency;
political subdivision; county commission; municipality; industry;
sanitary district; public service district; drainage district;
soil conservation district; solid waste disposal shed district;
partnership; trust; estate; individual; group of individuals
acting individually or as a group; or any other legal entity.
(9) "Pollution" means the discharge, release, escape or
deposit, directly or indirectly, of solid waste of whatever kind
or character, on lands or in waters in the state in an
uncontrolled, unregulated or unapproved manner.
(10) "Revenue" means any money or thing of value collected
by, or paid to, the solid waste management board as rent, use
fee, service charge or other charge for use of, or in connection
with, any solid waste disposal project, or as principal of or
interest, charges or other fees on loans, or any other collections on loans made by the solid waste management board to
governmental agencies to finance, in whole or in part, the
acquisition or construction of any solid waste development
project or projects, or other money or property which is received
and may be expended for or pledged as revenues pursuant to this
article.
(11) "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, other
discarded material, 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 eleven, chapter twenty-two of this code, or
source, special nuclear or by-product material as defined by the
Atomic Energy Act of 1954, as amended, including any nuclear or
by-product material considered by federal standards to be below
regulatory concern, or a hazardous waste either identified or listed under article eighteen, chapter twenty-two of this code,
or refuse, slurry, overburden or other waste 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 article two, three,
four, six, seven, eight, nine or ten, chapter twenty-two or
twenty-two-a of this code, so long as such the placement or
disposal is in conformance with a permit issued pursuant to said
these chapters. "Solid waste" does not include materials which
are recycled by being used or reused in an industrial process to
make a product, as effective substitutes for commercial products,
or are returned to the original process as a substitute for raw
material feedstock. "Solid waste" does not include yard waste,
including, but not limited to, grass clippings, leaves, branches
and tree stumps.
(12) "Solid waste facility" means any system, facility,
land, contiguous land, improvements on land, structures or other
appurtenances or methods used for processing, recycling or
disposing of solid waste, including landfills, transfer stations,
materials recovery facilities and other such facilities not herein specified. 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.
(13) "Solid waste disposal project" or "project" means any
solid waste facility, wastewater treatment plants, sewer
treatment plants, water and sewer systems and connecting
pipelines the acquisition or construction of which is authorized
by the solid waste management board or any acquisition or
construction which is financed, in whole or in part, from funds
made available by grant or loan by, or through, the board as
provided in this article, including all buildings and facilities
which the board deems considers necessary for the operation of
the project, together with all property, rights, easements and
interests which may be required for the operation of the project.
(14) "Solid waste disposal shed" or "shed" means a
geographical area which the solid waste management board
designates as provided in section nine of this article for solid
waste management.
(15) "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 the person holds a certificate of convenience and
necessity or a permit for such the facility.
NOTE: The purpose of this bill is to amend the definition
of "solid waste" to exclude yard waste, allowing residents to
pile up yard waste on their own property.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.