ENGROSSED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 217
(By Senator Bowman)
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[Originating in the Committee on Natural Resources;
reported February 17, 2003.]
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A BILL to amend article fifteen, chapter twenty-two of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
twenty-three, relating to the beneficial use of water
treatment plant sludge; and requiring promulgation of
emergency and legislative rules.
Be it enacted by the Legislature of West Virginia:
That article fifteen, chapter twenty-two of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section twenty-
three
, to read as follows:
ARTICLE 15. SOLID WASTE MANAGEMENT ACT.
§22-15-23. Water treatment plant sludge.
(a) Water treatment plant sludge determined by the secretary
to have beneficial properties may be beneficially used in
accordance with requirements determined necessary by the secretary
to protect human health and the environment. Persons seeking to
beneficially use water treatment plant sludge shall meet the
requirements of this article and the rules promulgated under this
article.
(b) In order to enhance the resource recovery and recycling
goals of this article and to encourage the beneficial use of water
treatment plant sludge, the secretary shall propose for
promulgation emergency rules within one hundred twenty days of the
effective date of this act and legislative rules to effectuate the
purposes of this section
in accordance with the provisions of
article three, chapter twenty-nine-a of this code. The secretary
shall at a minimum include the following in the proposed rules:
(1) A mechanism to determine beneficial use characteristics of
water treatment plant sludge
;
(2) A method to determine pollutant content of water treatment
plant sludge proposed for beneficial use;
(3) A method to determine that the beneficial properties of
the water treatment plant sludge
are derived from the raw material
rather than additives;
(4) Buffer zones or other criteria necessary to adequately
protect ground and surface water;
(5) Necessary restrictions of pollutant levels in the water
treatment plant sludge
;
(6) Analytical methods and storage requirements for water
treatment plant sludge
;
(7) Permit requirements; and
(8) Appropriate fees.
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