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 to be necessary by the
secretary to protect human health and the environment. Persons
seeking to beneficially use water treatment plant sludge must meet
the requirements of this article and the rules promulgated
thereunder.
(b) In order to enhance the resource recovery and recycling
goals of this act 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, 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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NOTE: The purpose of this bill is to permit the beneficial use
of water treatment plant sludge with beneficial properties, and to
require the department of environmental protection to promulgate
emergency and legislative rules.
This section is new; therefore, strike-throughs and
underscoring have been omitted.