§22-15-18. Condition on Receiving Permit
(a) Notwithstanding any other provision of this code, a permit application for a solid waste landfill facility submitted by any person who has owned, operated or held a permit for a solid waste landfill upon which funds have been, or are to be, expended on pursuant to the provisions of article sixteen of this chapter, […]
§22-15-19. Municipal and Commercial Solid Waste Incineration and Backhauling Prohibited; Exceptions
(a) Notwithstanding any other provision of this code to the contrary, it is unlawful to install, establish or construct a new municipal or commercial solid waste facility utilizing incineration technology for the purpose of solid waste incineration: Provided, That such prohibition does not include the development of pilot projects which may include tire or tire […]
§22-15-4. Authority of Commissioner of Bureau of Public Health
Although the director is primarily responsible for the permitting and regulating of solid wastes, the commissioner of the bureau of public health may enforce the public health laws over solid waste management which presents an imminent and substantial endangerment to the public health.
§22-15-5. Powers and Duties; Rules and Rulemaking
In addition to all other powers, duties, responsibilities and authority granted and assigned to the director in this code and elsewhere described by law, the director is empowered as follows: (a) The director shall promulgate rules in compliance with the West Virginia administrative procedures act to carry out the provisions of this article including modifying […]
§22-15-6. Fee for Filing a Certificate of Site Approval
The fee for the certificate of site approval is $25 payable upon the filing of the application therefor with the county, county solid waste authority or regional solid waste authority, as the case may be.
§22-15-7. Special Provision for Residential Solid Waste Disposal
All commercial and public landfills shall establish and publish a yearly schedule providing for one day per month on which a person not in the business of hauling or disposing of solid waste may dispose of, in a landfill, an amount of residential solid waste, up to one pick-up truckload or its equivalent, free of […]
§22-15-8. Limit on the Size of Solid Waste Facilities; Rulemaking
(a) On and after October 1, 1991, it is unlawful to operate any commercial solid waste facility that handles between ten thousand and thirty thousand tons of solid waste per month, except as provided in section nine of this article and sections twenty-six, twenty-seven and twenty-eight, articles four and four-a, chapter twenty-two-c of this code. […]
§22-15-9. Exemption for Solid Waste Facility Handling in Excess of Thirty Thousand Tons per Month
(a) Notwithstanding any provision in this article, article four, chapter twenty-two-c, article two, chapter twenty-four of this code, any other section of this code, or any prior enactment of the code to the contrary, and notwithstanding any defects in or challenges to any actions which were or are required to be performed in satisfaction of […]
§22-15-10. Prohibitions; Permits Required
(a) Open dumps are prohibited and it is unlawful for any person to create, contribute to, or operate an open dump or for any landowner to allow an open dump to exist on the landowner’s property unless that open dump is under a compliance schedule approved by the director. The compliance schedule shall contain an […]
§22-15-11. Solid Waste Assessment Fee; Penalties
(a) Imposition. (1) A solid waste assessment fee is hereby imposed upon the disposal of solid waste at any solid waste disposal facility in this state in the amount of $1.75 per ton or part thereof of solid waste. The fee imposed by this section is in addition to all other fees and taxes levied […]