Senate Bill No. 398
(By Senator K. Facemyer)
[Originating in the Committee on the Judiciary;
reported February 9, 2010.]
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
§22-15A-22. Prohibition on the disposal of certain items; plans
for the proper handling of said items required.
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
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.
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,
prohibitions do not apply
to a facility designed specifically to compost
yard waste or
otherwise recycle or reuse such items: Provided, however,
reasonable and necessary exceptions to
prohibitions may be
included as part of the rules promulgated pursuant to subsection
(d) of this section.
No later than May 1, one thousand nine hundred ninety-
The Solid Waste Management Board shall design a comprehensive
program to provide for the proper handling of yard waste and lead-
No later than May 1, one thousand nine hundred
A comprehensive plan shall be designed in the same
manner to provide for the proper handling of tires.
No later than August 1, one thousand nine hundred ninety-
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
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,
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
(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
(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
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