reglab/housing_qa huggingface dataset:
WV Code § 22-15A-20 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 15A. The A. James Manchin Rehabilitation Environmental Action Plan|§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, any affected party may be eligible to receive grants pursuant to subdivision (1), subsection (h), section nineteen of this article. Such programs shall include, but not be limited to, the following:(1) Source separation of at least two recyclable materials; and(2) In the absence of either a municipal program or a comprehensive county recycling plan pursuant to section eighteen of this article, collection and transportation of source separated recycled materials to an appropriate location.(b) For purposes of this section, the Department shall be designated the lead agency to ensure proper compliance and coordination of any such recycling program.
WV Code § 22-15A-21 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 15A. The A. James Manchin Rehabilitation Environmental Action Plan|§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 Administration in consultation with the Secretary shall develop a comprehensive procurement program for recycled products. The program shall include, but not be limited to:(1) A review, and subsequent revision, of existing procurement procedures and bid specifications to remove language that discriminates against recycled products;(2) A review, and subsequent revision, of existing procurement procedures and bid specifications to ensure that, to the maximum extent possible, all agencies and instrumentalities of the state purchase recycled products: Provided, That recycled paper products shall be given a price preference of ten percent: Provided, however, That priority shall be given to paper products with the highest postconsumer content;(3) A plan to eliminate, to the maximum extent possible, the use of disposable and single-use products; and(4) A requirement that all agencies and instrumentalities of the state use compost in all land maintenance and landscaping activities: Provided, That the use of composted or deep stacked poultry litter products, certified by the Commissioner of Agriculture as being free from organisms that are not found in poultry litter produced in this state, have priority unless determined to be economically unfeasible by the agency or instrumentality.(c) The Secretary shall prepare and submit an annual report on the thirty-first day of January of each year summarizing the program's accomplishments, prospects for the future, and any recommendations. The report shall be submitted to the Governor, Speaker of the House of Delegates and President of the Senate.
WV Code § 22-15A-22 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 15A. The A. James Manchin Rehabilitation Environmental Action Plan|§22-15A-22. Prohibition on the Disposal of Certain Items; Plans for the Proper Handling of Said Items Required

(a) It is unlawful to dispose of lead-acid batteries in a solid waste landfill in West Virginia.(b) It is unlawful to dispose of tires in a solid waste landfill in West Virginia except for waste tires collected as part of the departments waste tire remediation projects or other collection efforts in accordance with the provisions of this article or the pollution prevention and open dump program or other state-authorized remediation or clean up programs: Provided, That waste tires may be disposed of in solid waste landfills only when the state agency authorizing the remediation or clean up program has determined there is no reasonable alternative available.(c) It is unlawful to dispose of yard waste in a solid waste facility in West Virginia: Provided, That the prohibitions do not apply to a facility designed specifically to compost yard waste or otherwise recycle or reuse yard waste: Provided, however, That reasonable and necessary exceptions to the prohibitions may be included as part of the rules promulgated pursuant to subsection (f) of this section.(d) Effective July 1, 2016, covered electronic devices, as defined in section two of this article, may not be disposed of in a solid waste landfill in West Virginia, if a county or regional solid waste authority determines there is a cost effective recycling alternative for handling covered electronic devices.(e) The Solid Waste Management Board shall design a comprehensive program to provide for the proper handling of yard waste, lead-acid batteries and tires.(f) The secretary shall promulgate rules, in accordance with chapter twenty-nine-a of this code, to implement and enforce the program for yard waste, lead-acid batteries and tires.(g) The secretary's rule shall provide for the disposal of yard waste in a manner consistent with one or any combination of the following:(1) Disposal in a publicly or privately operated commercial or noncommercial composting facility;(2) Disposal by composting on the property from which domestic yard waste is generated or on adjoining property or neighborhood property if consent is obtained from the owner of the adjoining or neighborhood property;(3) Disposal by open burning, where not prohibited; or(4) Disposal in a publicly or privately operated landfill, only where none of the foregoing options are available. The manner of disposal shall only involve small quantities of domestic yard waste generated only from the property of the participating resident or tenant.
WV Code § 22-15A-23 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 15A. The A. James Manchin Rehabilitation Environmental Action Plan|§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, chapter twenty-four of this code.
WV Code § 22-15A-24 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 15A. The A. James Manchin Rehabilitation Environmental Action Plan|§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, 2009, a manufacturer may not sell or lease or offer for sale or lease to any person in the state a new covered electronic device or television unless:(1) The covered electronic device is labeled with the name of the manufacturer or the manufacturer's brand label; and(2) The manufacturer has registered with and submitted a registration fee to the secretary as provided in section twenty-five of this article.(c) If a manufacturer is subject to the requirements of this section and sections twenty-five and twenty-six of this article, a retailer may not sell or lease or offer for sale or lease to any person in the state a new covered electronic device unless the manufacturer has complied with the requirements of this section and sections twenty-five and twenty-six of this article.
WV Code § 22-15A-27 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 15A. The A. James Manchin Rehabilitation Environmental Action Plan|§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 brought by the secretary. Venue for such actions shall be in the circuit court of Kanawha County. Each day a violation occurs is a separate violation.(b) Administrative action. –- (1) In addition to any other remedies available at law and after an opportunity for a hearing which may be waived in writing by the person accused of a violation, the secretary may impose a penalty for violation of any provision of section twenty-four or twenty-five of this article or any rule adopted thereunder. The secretary's decision may be appealed to the Environmental Quality Board.(2) The penalty imposed on a person under this subsection shall be up to $1,000 for each violation, but not to exceed a total of $50,000 a year. Each day a violation occurs is a separate violation under this subsection.(3) Any penalty imposed under this subsection is payable to the State of West Virginia and collectible in any manner provided by law for the collection of debts.(4) Any penalty collected under this section shall be placed in the Covered Electronic Devices Takeback Fund.(c) Powers and duties of secretary. -– The secretary may conduct audits and inspections to determine compliance with the provisions of sections twenty-four and twenty-five of this article and may take enforcement action as provided herein. The secretary may remove a manufacturer from the registration list for failure to pay any penalty imposed under this section and upheld on appeal.
WV Code § 22-15A-28 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 15A. The A. James Manchin Rehabilitation Environmental Action Plan|§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 this section may be assessed only after the retailer that committed the violation has been issued three warnings from the secretary regarding the violation.(c) Each day on which a violation occurs or continues is a separate violation under this section.(d) All penalties assessed under this section shall be deposited into the Covered Electronic Devices Takeback Fund.
WV Code § 22-15A-29 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 15A. The A. James Manchin Rehabilitation Environmental Action Plan|§22-15A-29. Rulemaking

The secretary shall propose for promulgation emergency and legislative rules in accordance with the provisions of article three, chapter twenty-nine-a of this code necessary to implement the provisions of sections twenty-four through twenty-eight, inclusive, of this article by January 1, 2009.
WV Code § 22-15A-30 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 15A. The A. James Manchin Rehabilitation Environmental Action Plan|§22-15A-30. Reclamation of Abandoned and Dilapidated Properties Program

(a) To assist county commissions or municipalities in their efforts to remediate abandoned and dilapidated structures as provided by 7-1-3ff and 8-38-5 of this code, the Department of Environmental Protection may develop a program called the Reclamation of Abandoned and Dilapidated Properties Program. Using the fund established in subsection (b) of this section, the Department of Environmental Protection may work with county commissions or municipalities and implement redevelopment plans which will, at a minimum, establish prioritized inventories of structures eligible to participate in the program, offer reuse options for high-priority sites, and recommend actions county commissions or municipalities may take to remediate abandoned and dilapidated structures in their communities.(b) There is created in the State Treasury a special revenue fund known as the Reclamation of Abandoned and Dilapidated Properties Program Fund. The fund shall be comprised of any money granted by charitable foundations, allocated by the Legislature, allocated from federal agencies, and earned from the investment of money held in the fund, and all other money designated for deposit to the fund from any source, public or private. The fund shall operate as a special revenue fund and all deposits and payments into the fund do not expire to the General Revenue Fund but shall remain in the account and be available for expenditure in succeeding fiscal years.(c) The fund, to the extent that money is available, may be used solely to assist county commissions or municipalities in remediating abandoned and dilapidated structures in their communities by demolishing or deconstructing them and other activities as authorized by a charitable grant or legislative appropriation. The fund may also be used to defray costs incurred by the Department of Environmental Protection in administering the provisions of this section. However, no more than five percent of money transferred from the Solid Waste Facility Closure Cost Assistance Fund may be used for administrative purposes.(d) The Department of Environmental Protection may promulgate rules, in accordance with the provisions of 29A-3-1 et seq. of this code, to govern the disbursement of money from the fund, establish the Reclamation of Abandoned and Dilapidated Properties Program, direct the distribution of money from the fund, and establish criteria for eligibility to receive money from the fund.(e) Nothing in this section shall be construed to limit, restrain, or otherwise discourage this state and its political subdivisions from disposing of abandoned and dilapidated structures in any other manner provided by the laws of this state.
WV Code § 22-16-1 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 16. Solid Waste Landfill Closure Assistance Program|§22-16-1. Legislative Findings and Purpose

§22-16-1. Legislative findings and purpose.The Legislature finds that:There are numerous landfills throughout the state that must be closed because they cannot be operated in an environmentally sound manner;The permittees of many of the landfills that will be closing do not have the financial resources to close their landfills in a manner that is timely and environmentally sound;As long as these landfills remain open, the threat of continuing harm to the environment and the health and safety of the citizens of West Virginia exists, and the cost to remediate their adverse effects will continue to grow;The untimely and disorderly closure of these landfills represents a significant threat to the health and safety of the people of West Virginia and its environment; andIt is in the best interests of all the citizens of this state to provide a mechanism to assist the permittees of these landfills in properly closing them.Therefore, it is the purpose of this article to provide an assistance program that will be available to permittees of landfills that will facilitate the closure of these landfills in a timely and environmentally sound manner.
WV Code § 22-16-2 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 16. Solid Waste Landfill Closure Assistance Program|§22-16-2. Definitions

As used in this article, unless the context clearly requires a different meaning:(1) "Commercial recycler" means any person, corporation or business entity whose operation involves the mechanical separation of materials for the purpose of reselling or recycling at least seventy percent by weight of the materials coming into the commercial recycling facility;(2) "Cost of project" includes the cost of the services authorized in sections three and fifteen of this article, property, material and labor which are essential thereto, financing charges, interest during construction and all other expenses, including legal fees, trustees', engineers' and architects' fees which are necessarily or properly incidental to the program;(3) "Director" means the director of the Division of Environmental Protection or such other person to whom the director has delegated duties or authority pursuant to sections six or eight, article one of this chapter.;(4) "Landfill" means any solid waste facility for the disposal of solid waste on land, and also means any system, facility, land, contiguous land, improvements on the land, structures or other appurtenances or methods used for processing, recycling or disposing of solid waste, including landfills, transfer stations, resource recovery facilities and other such facilities not herein specified. Such facility is situated, for purposes of this article, in the county where the majority of the spatial area of such facility is located;(5) "Permittee" means a person who has or should obtain a permit for a commercial solid waste facility that is a landfill;(6) "Project" means the providing of closure assistance to one or more landfills under this article.The definitions provided in section two, article fifteen of this chapter, to the extent they are applicable, apply in this article.
WV Code § 22-16-3 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 16. Solid Waste Landfill Closure Assistance Program|§22-16-3. Commercial Solid Waste Landfill Closure Assistance Program

(a) There is established within the Division of Environmental Protection the commercial solid waste landfill closure assistance program. The purpose of the program is to provide assistance for the closure of landfills which are required to cease operations pursuant to the closure deadlines provided for in this chapter.(b) Upon the acceptance of an application of the permittee of a solid waste landfill that satisfies the requirements in section ten of this article, the director shall provide, in accordance with the provisions of this article, and to the extent that funds are available, the following closure related services:(1) Closure design, including an analysis of the effects of the landfill on groundwater and the design of measures necessary to protect and monitor the groundwater;(2) Construction of all closure-related structures necessary to provide sufficient leachate management, sediment and erosion control, gas management, groundwater monitoring and final cover and cap, all to meet the closure-related requirements of article fifteen of this chapter and rules promulgated pursuant thereto; and(3) All surface water and groundwater monitoring activities required pursuant to articles eleven and fifteen of this chapter and applicable rules promulgated thereunder.(c) To the extent that there are funds available in the fund established in section twelve of this article or subdivision (3), subsection (h), section eleven, article fifteen of this chapter, the director may take remedial actions necessary to protect the groundwater and surface water, other natural resources and the health and safety of the citizens of this state.
WV Code § 22-16-6 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 16. Solid Waste Landfill Closure Assistance Program|§22-16-6. Establishment of Reserve Funds, Replacement and Improvement Funds and Sinking Funds; Fiscal Agent; Purposes for Use of Bond Proceeds; Application of Surplus

(a) Before issuing any revenue bonds in accordance with the provisions of this article, the solid waste management board shall consult with and be advised by the West Virginia water development authority as to the feasibility and necessity of the proposed issuance of revenue bonds.(b) Prior to issuing revenue bonds under the provisions of this article, the board shall enter into agreements satisfactory to the West Virginia water development authority with regard to the selection of all consultants, advisors and other experts to be employed in connection with the issuance of such bonds and the fees and expenses to be charged by such persons, and to establish any necessary reserve funds and replacement and improvement funds, all such funds to be administered by the water development authority, and, so long as any such bonds remain outstanding, to establish and maintain a sinking fund or funds to retire such bonds and pay the interest thereon as the same may become due. The amounts in any such sinking fund, as and when so set apart by the board, shall be remitted to the West Virginia water development authority at least thirty days previous to the time interest or principal payments become due, to be retained and paid out by the water development authority, as agent for the board, in a manner consistent with the provisions of this article and with the resolution pursuant to which the bonds have been issued. The water development authority shall act as fiscal agent for the administration of any sinking fund and reserve fund established under each resolution authorizing the issuance of revenue bonds pursuant to the provisions of this article, and shall invest all funds not required for immediate disbursement in the same manner as funds are invested pursuant to the provisions of section fifteen, article one, chapter twenty-two-c of this code.(c) Notwithstanding any other provision of this article to the contrary, no revenue bonds shall be issued, nor the proceeds thereof expended or distributed, pursuant to the provisions of this article, without the prior approval of the water development authority.(d) If the proceeds of revenue bonds issued for any solid waste landfill closure project exceed the cost thereof, the surplus shall be paid into the fund herein provided for the payment of principal and interest upon such bonds. Such fund may be used by the fiscal agent for the purchase or redemption of any of the outstanding bonds payable from such fund at the market price, but not at a price exceeding the price at which any of such bonds are in the same year redeemable, as fixed by the board in its said resolution, and all bonds redeemed or purchased shall forthwith be canceled, and shall not again be issued.
WV Code § 22-16-7 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 16. Solid Waste Landfill Closure Assistance Program|§22-16-7. Legal Remedies of Bondholders

Any holder of solid waste disposal revenue bonds issued under the authority of this article or any of the coupons appertaining thereto, except to the extent the rights given by this article may be restricted by the applicable resolution, may by civil action, mandamus or other proceeding, protect and enforce any rights granted under the laws of this state or granted under this article, by the resolution authorizing the issuance of such bonds, and may enforce and compel the performance of all duties required by this article, or by the resolution, to be performed by the board or any officer or employee thereof, including the fixing, charging and collecting of sufficient rentals, fees, service charges or other charges.