SB641 SUB1 enr
Senate Bill No. 641
(Senators K. Facemyer and Prezioso, original sponsors)
[Passed April 11, 2009; in effect ninety days from passage.]
AN ACT to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §24A-2-4b, relating
generally to disclosures regarding the origin of solid wastes
deposited in commercial landfills and transfer stations in
this state; requiring the operator-driver of every solid waste
motor carrier who deposits solid waste in a commercial
landfill or transfer station to declare in writing, under
oath, and to provide to certain entities, the name of the
county and state of origin of the solid waste being deposited
at the commercial landfill or transfer station; and providing
criminal penalties against an operator-driver or owner of a
solid waste motor carrier.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §24A-2-4b, to read as
ARTICLE 2. COMMON CARRIERS BY MOTOR VEHICLES.
§24A-2-4b. Motor carriers transporting solid waste; origin of
waste disclosure; penalties.
(a) The operator-driver of every solid waste motor carrier
vehicle which arrives at a commercial solid waste facility,
including, but not limited to, commercial landfills and transfer
stations, in this state is required to declare, in writing and
under oath, the name of the county and state of origin of the solid
waste being deposited at the commercial solid waste facility. The
operator-driver of the solid waste motor carrier vehicle shall give
a copy of this completed declaration form to the operator of the
commercial landfill or of the transfer station, to the West
Virginia Public Service Commission and to the county solid waste
(b) The Public Service Commission shall prepare and provide
commercial solid waste facility operators with a uniform disclosure
form for use in effecting this provision.
(c) Any operator-driver of a solid waste motor carrier vehicle
who violates this section is guilty of a misdemeanor and, upon
conviction thereof, shall be fined not less than $50 nor more than
(d) Any owner of a solid waste motor carrier vehicle which
deposits solid waste in violation of this section is guilty of a
misdemeanor and, upon conviction thereof, shall be fined $1,000.