Adopted by House 3-10-2010
SB398 H JUD AM 3-8 #1
The Committee on Judiciary moves to amend the bill on page
one, following the enacting clause, by striking out the remainder
of the bill and inserting in lieu thereof the following language:
"That §22-15A-2 and §22-15A-22 of the Code of West Virginia,
1931, as amended, be amended and reenacted to read as follows:
ARTICLE 15A. THE A. JAMES MANCHIN REHABILITATION ENVIRONMENTAL
ACTION PLAN.
§22-15A-2. Definitions.
Unless the context clearly indicates a different meaning or
defined elsewhere in this chapter, as used in this article:
(1) "Beneficial use" means the use or reuse of whole waste
tires or tire derived material which are reused in constructing
retaining walls, rebuilding highway shoulders and subbase, building
highway crash attenuation barriers and other civil engineering
applications, feed hopper or watering troughs for livestock, other
agricultural uses approved by the Department of Environmental
Protection, playground equipment, boat or truck dock construction,
house or building construction, go-cart, motorbike or race track
barriers, recapping, alternative daily cover or similar types of
beneficial applications: Provided, That waste tires may not be
reused as fencing, as erosion control structures, along stream
banks or river banks or reused in any manner where human health or the environment, as determined by the Secretary of the Department
of Environmental Protection, is put at risk.
(2) "Brand" means the name, symbol, logo, trademark, or other
information that identifies a product rather than the components of
the product.
(3) "Collected for commercial purposes" means taking solid
waste for disposal from any person for remuneration regardless of
whether or not the person taking the solid waste is a common
carrier by motor vehicle governed by article two, chapter twenty-
four-a of this code.
(4) "Computer" means a desktop, personal computer or laptop
computer, including the computer monitor. Computer does not
include a personal digital assistant device, computer peripheral
devices such as a mouse or other similar pointing device, a printer
or a detachable keyboard.
(5) "Court" means any circuit, magistrate or municipal court.
(6) "Covered electronic device" means a television, computer
or video display device with a screen that is greater than four
inches measured diagonally. "Covered electronic device" does not
include a video display device that is part of a motor vehicle or
that is contained within a household appliance or commercial,
industrial or medical equipment.
(7) "Department" means the Department of Environmental
Protection.
(8) "Litter" means all waste material, including, but not
limited to, any garbage, refuse, trash, disposable package,
container, can, bottle, paper, covered electronic devices, ashes,
cigarette or cigar butt, carcass of any dead animal or any part
thereof or any other offensive or unsightly matter, but not
including the wastes of primary processes of mining, logging,
sawmilling, farming or manufacturing.
(9) "Litter receptacle" means those containers suitable for
the depositing of litter at each respective public area designated
by the secretary's rules promulgated pursuant to subsection (e),
section three of this article.
(10) "Manufacturer" means a person that is the brand owner of
a covered electronic device or television sold or offered for sale
in this state by any means, including transactions conducted
through retail sales outlets, catalogs or the Internet.
(11) "Person" means a natural person, corporation, firm,
partnership, association or society and the plural as well as the
singular.
(12) "Public area" means an area outside of a municipality,
including public road and highway rights-of-way, parks and
recreation areas owned or controlled by this state or any county of
this state or an area held open for unrestricted access by the
general public.
(13) "Recyclable materials" means those materials that would otherwise become solid waste for disposal in a refuse disposal
system and which may be collected, separated or processed and
returned to the marketplace in the form of raw materials or
products.
(14) "Remediate or remediation" means to remove all litter,
solid waste and tires located above grade at a site: Provided,
That remediation does not include clean up of hazardous waste.
(15) "Television" means any telecommunication system device
that can receive moving pictures and sound broadcast over a
distance and includes a television tuner or a video display device
peripheral to a computer in which the display contains a television
tuner.
(16) "Secretary" means the Secretary of the Department of
Environmental Protection.
(17) "Video display device" means an electronic device with an
output surface that displays or is capable of displaying moving
graphical images or visual representations of image sequences or
pictures that show a number of quickly changing images on a screen
to create the illusion of motion. Video display device includes a
device that is an integral part of the display and cannot easily be
removed from the display by the consumer and that produces the
moving image on the screen. A "video display device" may use a
cathode-ray tube (CRT), liquid crystal display (LCD), gas plasma,
digital light processing, other image-projection technology or imaging display technologies.
(18) "Waste tire" means any continuous solid or pneumatic
rubber covering designed to encircle the wheel of a vehicle but
which has been discarded, abandoned or is no longer suitable for
its original, intended purpose nor suitable for recapping, or other
beneficial use because of wear, damage or defect. A tire is no
longer considered to be suitable for its original intended purpose
when it fails to meet the minimum requirements to pass a West
Virginia motor vehicle safety inspection. Used tires located at a
commercial recapping facility or tire dealer for the purpose of
being reused or recapped are not waste tires.
(19) "Waste tire monofill or monofill" means an approved solid
waste facility where no solid waste except waste tires are placed
for the purpose of long term storage for eventual retrieval for
marketing purposes.
(20) "Waste tire processing facility" means a solid waste
facility or manufacturer that accepts waste tires generated by
sources other than the owner or operator of the facility for
processing by such means as cryogenics, pyrolysis, pyroprossing
cutting, splitting, shredding, quartering, grinding or otherwise
breaking down waste tires for the purposes of disposal, reuse,
recycling and/or marketing.
(21) "Waters of the state" means generally, without
limitation, natural or artificial lakes, rivers, streams, creeks, branches, brooks, ponds, impounding reservoirs, springs, wells,
watercourses and wetlands.
(22) "Yard waste" means grass clippings, weeds, leaves, brush,
garden waste, shrub or tree prunings and other living or dead plant
tissues, except that such materials, which due to inadvertent
contamination or mixture with other substances which render the
waste unsuitable for composting, are not yard waste: Provided,
That the same or similar waste generated by commercial agricultural
enterprises is excluded.
§22-15A-22. Prohibition on the disposal of certain items; plans
for the proper handling of said items required.
(a) Effective June 1, one thousand nine hundred ninety-four,
it shall be It is unlawful to dispose of lead-acid batteries in a
solid waste landfill in West Virginia. Effective June 1, one
thousand nine hundred ninety-six, it shall be
(b) It is unlawful to dispose of tires in a solid waste
landfill in West Virginia except for waste tires collected as part
of the department's waste tire remediation projects or other
collection efforts in accordance with the provisions of this
article or the pollution prevention program and open dump program
or other state-authorized remediation or clean up programs:
Provided, That waste tires may be disposed of in solid waste
landfills only when the state agency authorizing the remediation or
clean up program has determined there is no reasonable alternative available.
(b) (c) Effective January 1, one thousand nine hundred ninety-
seven, it shall be It is unlawful to dispose of yard waste
including grass clippings and leaves, in a solid waste facility in
West Virginia: Provided, That such the prohibitions do not apply
to a facility designed specifically to compost such yard waste or
otherwise recycle or reuse such items yard waste: Provided,
however, That reasonable and necessary exceptions to such the
prohibitions may be included as part of the rules promulgated
pursuant to subsection (d) (f). of this section.
(d) Effective January 1, 2012, covered electronic devices, as
defined in section two of this article, may not be disposed of in
a solid waste landfill in West Virginia.
(c) (e) No later than May 1, one thousand nine hundred ninety-
five, The Solid Waste Management Board shall design a comprehensive
program to provide for the proper handling of yard waste, and lead-
acid batteries, tires and covered electronic devices. No later
than May 1, one thousand nine hundred ninety-four, A comprehensive
plan shall be designed in the same manner to provide for the proper
handling of tires.
(d) (f) No later than August 1, one thousand nine hundred
ninety-five, The department secretary shall promulgate rules, in
accordance with chapter twenty-nine-a of this code, as amended, to
implement and enforce the program for yard waste, and lead-acid batteries, tires and covered electronic devices designed pursuant
to subsection (c) (d). of this section. No later than August 1,
two thousand, The department shall promulgate rules, in accordance
with chapter twenty-nine-a of said code, as amended, to implement
and enforce the program for tires designed pursuant to subsection
(c) of this section.
(e) For the purposes of this section, "yard waste" means grass
clippings, weeds, leaves, brush, garden waste, shrub or tree
prunings and other living or dead plant tissues, except that such
materials, which due to inadvertent contamination or mixture with
other substances which render the waste unsuitable for composting,
shall not be considered to be yard waste: Provided, That the same
or similar waste generated by commercial agricultural enterprises
is excluded.
(f) (g) In promulgating the rules required by subsections (c)
and (d) of this section, yard waste, as described in subsection (e)
of this section, The department secretary's rule shall provide for
the disposal of yard waste in a manner consistent with one or any
combination of the following:
(1) Disposal in a publicly or privately operated commercial or
noncommercial composting facility;
(2) Disposal by composting on the property from which domestic
yard waste is generated or on adjoining property or neighborhood
property if consent is obtained from the owner of the adjoining or neighborhood property;
(3) Disposal by open burning, where such activity is not
prohibited; by this code, rules promulgated hereunder or municipal
or county codes or ordinances; or
(4) Disposal in a publicly or privately operated landfill,
only where none of the foregoing options are available. Such The
manner of disposal will shall only involve only small quantities of
domestic yard waste generated only from the property of the
participating resident or tenant."