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SB398 SUB1 Senate Bill 398 History

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SB398 SUB1
COMMITTEE SUBSTITUTE

FOR

Senate Bill No. 398

(By Senator K. Facemyer)

____________

[Originating in the Committee on the Judiciary;

reported February 9, 2010.]

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A BILL to amend and reenact §22-15A-22 of the Code of West Virginia, 1931, as amended, relating to prohibiting disposal of certain electronics in landfills.

Be it enacted by the Legislature of West Virginia:
That §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-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 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) 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: Provided, however, That reasonable and necessary exceptions to such the prohibitions may be included as part of the rules promulgated pursuant to subsection (d) of this section.
(c) 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. 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) No later than August 1, one thousand nine hundred ninety- five, The department 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 designed pursuant to subsection (c) 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 are not yard waste: Provided, That the same or similar waste generated by commercial agricultural enterprises is excluded.
(f) 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 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 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.
(g) Effective July 1, 2010, covered electronic devices, as defined in section two of this article, may not be disposed of in a solid waste landfill in West Virginia.


NOTE: The purpose of this bill is to prohibit disposal of certain electronic devices such as computers, monitors and television sets in landfills.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
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