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Senate Bill 398 History
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Committee Substitute (1)
SB398 SUB2 enr
Senate Bill No. 398
(Senator K. Facemyer, original sponsor)
[Passed March 13, 2010; in effect ninety days form passage.]
AN ACT to amend and reenact §22-15A-2 and §22-15A-22 of the Code of
West Virginia, 1931, as amended, relating to prohibiting
disposal of certain items in landfills; prohibiting the
disposal of covered electronic devices; requiring the Solid
Waste Management Board to create a program for the proper
handling of certain items; and requiring the secretary to
promulgate a rule to implement and enforce the disposal
Be it enacted by the Legislature of West Virginia:
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.
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
(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
(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
(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
(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
(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
(16) "Secretary" means the Secretary of the Department of
(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
(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 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) It is unlawful to dispose of lead-acid batteries in a
solid waste landfill in West Virginia.
(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
(c) It is unlawful to dispose of yard waste in a solid waste
facility in West Virginia: Provided, That the prohibitions do not
apply to a facility designed specifically to compost yard waste or
otherwise recycle or reuse yard waste: Provided, however, That
reasonable and necessary exceptions to the prohibitions may be
included as part of the rules promulgated pursuant to subsection
(d) Effective January 1, 2011, covered electronic devices, as
defined in section two of this article, may not be disposed of in a solid waste landfill in West Virginia.
(e) The Solid Waste Management Board shall design a
comprehensive program to provide for the proper handling of yard
waste, lead-acid batteries, tires and covered electronic devices.
(f) The secretary shall promulgate rules, in accordance with
chapter twenty-nine-a of this code, to implement and enforce the
program for yard waste, lead-acid batteries, tires and covered
electronic devices designed pursuant to subsection (d).
(g) The secretary's rule shall provide for the disposal of
yard waste in a manner consistent with one or any combination of
(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 not prohibited; or
(4) Disposal in a publicly or privately operated landfill,
only where none of the foregoing options are available. The manner
of disposal shall only involve small quantities of domestic yard
waste generated only from the property of the participating
resident or tenant.