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Home » US Law » 2022 West Virginia Code » Chapter 22. Environmental Resources » Article 15A. The A. James Manchin Rehabilitation Environmental Action Plan

§22-15A-1. Legislative Findings and Purpose

(a) The Legislature finds that litter is a public nuisance and distracts from the beauty of the state and its natural resources. It is therefore necessary to establish and implement a litter control program to coordinate public and private litter control efforts; to establish penalties for littering; to provide for litter pickup programs; to create […]

§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-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;

§22-15A-13. Injunctive Relief; Additional Remedy

In addition to all other remedies provided in this article, the Attorney General of this state, the Department, the prosecuting attorney of any county where any violation of any provision of this article occurs, or any citizen, resident or taxpayer of the county where any violation of any provision of this article occurs, may apply […]

§22-15A-14. Authority of Commissioner of Bureau for Public Health

Although the secretary is primarily responsible for remediation of waste tire piles under the provisions of this article, the Commissioner of the Bureau for Public Health may enforce the public health laws in any instance where the Commissioner of the Bureau for Public Health determines there is an imminent and substantial endangerment to the public […]

§22-15A-16. Recycling Goals

By January 1, 2010, it is the goal of this state to reduce the disposal of municipal solid waste by fifty percent of the amount of per capita solid waste disposed of in 1991.

§22-15A-17. Recycling Plans

(a) Each county or regional solid waste authority, as part of the comprehensive litter and solid waste control plan required pursuant to the provisions of section eight, article four, chapter twenty-two-c of this code, shall prepare and adopt a comprehensive recycling plan to assist in the implementation of the recycling goals in section sixteen of […]

§22-15A-18. Establishment of County Recycling Programs for Solid Waste; Petition for Referendum; Ballot Contents; Election Procedure; Effect of Such Election

(a) On or before October 18, 1992, each municipality described in subsection (b) of this section shall submit a proposal to the Solid Waste Management Board, consistent with the provisions of this section, describing the establishment and implementation of the mandatory recycling program. The Solid Waste Management Board shall review the submitted plans for consistency […]

§22-15A-2. Definitions

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 […]

§22-15A-20. Establishment of State Recycling Program for Solid Waste

(a) In the absence of either a municipal or a comprehensive county recycling plan pursuant to section eighteen of this article, all agencies and instrumentalities of the state, all primary and secondary schools, where practicable, and private colleges and universities shall implement programs to recycle solid waste. To carry out the purposes of this section, […]

§22-15A-21. Procurement of Recycled Products

(a) It is the policy of the State of West Virginia that, to the maximum extent possible, all agencies and instrumentalities of the state purchase recycled products. The goal of the state is to achieve a recycled product mix on future purchases. (b) In furtherance of the aforesaid goal, the Secretary of the Department of […]

§22-15A-23. Recycling Facilities Exemption

Recycling facilities, as defined in section two, article fifteen of this chapter, whose only function is to accept free-of-charge, buy or transfer source-separated material or recycled material for resale or transfer for further processing are exempt from the provisions of said article and article four of chapter twenty-two-c and sections one-c and one-f, article two, […]

§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-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 […]