WVC 22 - 15 A- 7
§22-15A-7. Pollution prevention and open dumps.
(a) The Secretary shall establish the Pollution Prevention and
Open Dump (PPOD) Program to encourage the proper disposal of
commercial and residential solid waste and to undertake all
reclamation, clean up and remedial actions necessary to minimize or
mitigate damage to the environment, natural resources, public water
supplies, water resources and the public health, safety and welfare
which may result from open dumps or solid waste not disposed of in
a proper or lawful manner. The program shall seek to eliminate
open dumps, which often include waste tires and to recycle as many
items as possible from these reclamation efforts. This program
shall be funded through the Solid Waste Reclamation and
Environmental Response Fund established in section eleven, article
fifteen of this chapter.
(b) Authorized representatives of the Department have the
right, upon presentation of proper identification, to enter upon
any property for the purpose of conducting studies or exploratory
work to determine the existence of adverse effects of an open dump,
to determine the feasibility of the reclamation or prevention of
such adverse effects and to conduct reclamation activities provided
herein. Such entry is an exercise of the police power of the state
and for the protection of public health, safety and general welfare
and is not an act of condemnation of property or trespass thereon.
Nothing contained in this section eliminates any obligation to
follow any process that may be required by law.