§22-15A-24. Covered Manufacturers; Prohibited Sales; Effective Date
(a) This section, along with sections twenty-five, twenty-six, twenty-seven, twenty-eight and twenty-nine of this article apply to a manufacturer that manufactured an average of more than one thousand covered electronic devices per year in the three-year period immediately preceding the initial registration required in section twenty-five of this article. (b) On or after July 1, […]
§22-15A-8. Waste Tires Prohibited in Certain Places; Penalty
The Waste Tire Remediation Program heretofore under the jurisdiction of the Division of Highways is transferred to the Department of Environmental Protection effective upon enactment of this article by the Legislature during the regular session of two thousand five. (a) No person shall, within this state, place, deposit or abandon any waste tire or part […]
§22-15A-25. Manufacturer Registration; Registration Fees; Creating the Covered Electronic Devices Takeback Fund
(a) Each manufacturer wishing to sell or lease covered electronic devices shall register with the secretary no later than January 1, 2009, and each year thereafter. The secretary shall provide a registration form which at a minimum shall include: (1) The name, address and telephone number of the manufacturer;
§22-15A-9. Creation of the A. James Manchin Fund; Proceeds From Sale of Waste Tires; Fee on Issuance of Certificate of Title
(a) There is continued in the state Treasury a special revenue fund known as the A. James Manchin Fund. All moneys appropriated, deposited or accrued in this Fund shall be used exclusively for remediation of waste tire piles as required by this article, for the tire disposal program established under section ten of this article […]
§22-15A-26. Manufacturers' Takeback Programs
(a) Before a manufacturer may offer a covered electronic device for sale or lease in this state, the manufacturer may: (1) Adopt and implement a takeback program; and
§22-15A-10. Department to Administer Funds for Waste Tire Remediation; Rules Authorized; Duties of Secretary
(a) The department shall administer all funds made available to the department by legislative appropriation or by funds made available by the Division of Highways, as well as federal, state or private grants for remediation of waste tire piles and for the proper disposal of waste tires removed from waste tire piles. (b) All authority […]
§22-15A-27. Civil Actions and Administrative Fines; Powers and Duties of Secretary
(a) Civil action. -– In addition to being subject to injunctive relief under this article, a manufacturer who violates any provision of section twenty-four or twenty-five of this article or of any rule adopted pursuant to said sections is liable for a civil penalty not to exceed $10,000 to be collected in a civil action […]
§22-15A-11. Disposal of Waste Tires
(a) The department may sell waste tires collected during remediation of waste tire piles at public auction or to a waste tire monofill, waste tire processing facility or business authorized by the Department of Environmental Protection to accept, store, use or process waste tires. (b) If there is no market in West Virginia for the […]
§22-15A-28. Retailer Penalties
(a) The secretary may assess against any retailer that sells covered electronic devices not authorized for sale in this state a penalty up to $500 for each violation, but not to exceed $5,000 total for the year. The secretary's decision may be appealed to the Environmental Quality Board. (b) A fine under subsection (a) of […]
§22-15A-12. Remediation; Liability for Remediation and Court Costs
(a) Any person who has, prior or subsequent to the effective date of this act, illegally disposed of waste tires or has waste tires illegally disposed on his or her property shall be liable for: (1) All costs of removal or remedial action incurred by the department;