reglab/housing_qa huggingface dataset:
WV Code § 22-15-13 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 15. Solid Waste Management Act|§22-15-13. Pre-Siting Notice

Any person investigating an area for the purpose of siting a commercial solid waste facility where no current solid waste permit exists, in order to determine a feasible, approximate location, shall prior to filing an application for a solid waste permit publish a Class II legal advertisement in a qualified newspaper serving the county where the proposed site is to be located. Such notice shall inform the public of the location, nature and other details of the proposed activity as prescribed in rules promulgated by the director. Within five days of such publication such person shall file with the director a pre-siting notice, which shall be made in writing on forms prescribed by the director and shall be signed and verified by the applicant. Such notice shall contain a certification of publication from a qualified newspaper, description of the area, the period of investigative review, a United States geological survey topographic map and a map showing the location of property boundaries of the area proposed for siting and other such information as required by rules promulgated pursuant to this section. The director shall hold a public hearing on the pre-siting notice in the area potentially affected. The director shall define pre-siting activities by promulgating legislative rules pursuant to chapter twenty-nine-a of this code. The pre-siting notice, as prescribed by the director, shall also be filed with the county or regional solid waste authority, established pursuant to article four, chapter twenty-two-c of this code, according to the county or region in which the proposed site is located within five days of the publication of the notice.
WV Code § 22-15-14 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 15. Solid Waste Management Act|§22-15-14. Limitations on Permits; Encouragement of Recycling

(a) The director shall by rules promulgated in accordance with chapter twenty-nine-a of this code establish standards and criteria applicable to commercial solid waste facilities for the visual screening of such facilities from any interstate highway, turnpike, federal and state primary highway or scenic parkway. The director shall not issue a permit under this article to install, establish, construct or operate any commercial solid waste facility without proper visual screening from any interstate highway, turnpike, federal or state primary highway or scenic parkway.(b) The director shall give substantial deference and consideration to the county or regional litter and solid waste control plan approved pursuant to article four, chapter twenty-two-c of this code and to the comprehensive county plan adopted by the county commission pursuant to article twenty-four, chapter eight of this code in the issuance or the renewal of any permit under this article: Provided, That the authority and discretion of the director under this article is not diminished or modified by this subsection.(c) The director is authorized and directed to promulgate legislative rules pursuant to chapter twenty-nine-a of this code encouraging each commercial solid waste facility and each person, partnership, corporation and governmental agency engaged in the commercial collection, transportation, processing and disposal of solid waste to recycle paper, glass, plastic and aluminum materials and such other solid wastes as the director may specify.(d) The director is authorized and directed to promulgate legislative rules pursuant to chapter twenty-nine-a of this code encouraging each person, partnership, corporation and governmental agency subscribing to solid waste collection services to segregate paper, glass, plastic and aluminum material, and such other solid waste material as the director may specify, prior to collection of such wastes at their source for purposes of recycling.(e) Under no condition shall transloading solid waste materials be permitted within a municipality except those facilities owned or operated on behalf of the municipality in which the facility is located.
WV Code § 22-15-16 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 15. Solid Waste Management Act|§22-15-16. Appeal Procedures

Any person having an interest which is or may be adversely affected, or who is aggrieved by an order of the director, or by the issuance or denial of a permit or by the permit's terms or conditions, may appeal to the environmental quality board as provided in article one, chapter twenty-two-b of this code.
WV Code § 22-15-18 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 15. Solid Waste Management Act|§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, may be approved under the provisions of this article only if all funds so expended are repaid in full, plus interest, or arrangements, satisfactory to the director, are made for the repayment of the funds and the interest. The repayment shall be made a specific condition of a permit.(b) In the case where a permittee has entered into a repayment arrangement with the director in order to obtain a permit under this article, the repayment of the funds shall be considered by the Public Service Commission a reasonable cost of operating the newly permitted landfill in determining rates to be charged at the landfill.
WV Code § 22-15-19 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 15. Solid Waste Management Act|§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 material incineration, designed to analyze the efficiency and environmental impacts of incineration technologies: Provided, however, That any pilot project proposing to incinerate solid waste must comply with regulatory requirements for solid waste facilities established in this chapter and shall demonstrate with particularity to the division that it has the financial and technical ability to comply with all rules applicable to solid waste facilities utilizing incineration technologies. The division shall require a surety bond, deposit or similar instrument in an amount sufficient to cover the costs of potential future environmental harm at the site.(b) It is unlawful to engage in the practice of backhauling as such term is defined in section two of this article.
WV Code § 22-15-22 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 15. Solid Waste Management Act|§22-15-22. Sludge Management

(a) Any sludge or other material determined by the secretary to have beneficial properties similar to sewage sludge may be beneficially used in accordance with the applicable requirements governing sewage sludge, and any other requirements determined to be necessary by the secretary to protect human health and the environment. Persons seeking to beneficially use sludge must meet the requirements of this article and the rules promulgated under this article.(b) In order to enhance the resource recovery and recycling goals of this act and to encourage the beneficial use of sludge or other materials, the secretary shall propose for promulgation in accordance with the provisions of article three, chapter twenty-nine-a of this code, emergency and legislative rules to effectuate the purposes of this section. The secretary shall at a minimum include the following in the proposed rules:(1) A mechanism to determine beneficial use characteristics;(2) A method to determine pollutant content of the material proposed for beneficial use;(3) A method to determine that the beneficial properties of the material are derived from the raw material rather than additives;(4) Buffer zones or other criteria necessary to adequately protect ground and surface water;(5) Necessary restrictions of pollutant levels in the material;(6) Analytical methods, loading rates and storage requirements for the material;(7) Permit requirements; and(8) Appropriate fees.(c) These rules do not apply to land-based aquaculture facilities.
WV Code § 22-15-23 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 15. Solid Waste Management Act|§22-15-23. Water Treatment Plant Sludge

(a) Water treatment plant sludge determined by the secretary to have beneficial properties may be beneficially used in accordance with requirements determined necessary by the secretary to protect human health and the environment. Persons seeking to beneficially use water treatment plant sludge shall meet the requirements of this article and the rules promulgated under this article.(b) In order to enhance the resource recovery and recycling goals of this article and to encourage the beneficial use of water treatment plant sludge, the secretary shall propose, for promulgation, legislative rules to effectuate the purposes of this section in accordance with the provisions of article three, chapter twenty-nine-a of this code. The secretary shall, at a minimum, include the following in the proposed rules:(1) A mechanism to determine beneficial use characteristics of water treatment plant sludge;(2) A method to determine pollutant content of water treatment plant sludge proposed for beneficial use;(3) A method to determine that the beneficial properties of the water treatment plant sludge are derived from the raw material rather than additives;(4) Buffer zones or other criteria necessary to adequately protect ground and surface water;(5) Necessary restrictions of pollutant levels in the water treatment plant sludge;(6) Analytical methods and storage requirements for water treatment plant sludge;(7) Permit requirements; and(8) Appropriate fees.
WV Code § 22-15-24 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 15. Solid Waste Management Act|§22-15-24. Composting Authorized

(a) Notwithstanding any provision of this code to the contrary, composting of organic materials, including, but not limited to, yard waste, food scraps, food-processing residue, soiled or unrecyclable paper, animal carcasses, and agricultural waste may be disposed of by composting in this state. (b) Any products sold as a result of composting are required to comply with the provisions of 19-15-1 et seq. of this code.
WV Code § 22-15A-3a (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 15A. The A. James Manchin Rehabilitation Environmental Action Plan|§22-15A-3a. Creation of Adopt-a-Stream Program Required

(a) The Adopt-A-Highway Program was established in the late 1980s to improve the quality of the states environment by encouraging public involvement in the elimination of highway litter. That program is cosponsored by the Division of Highways and the Department of Environmental Protection, Rehabilitation Environmental Action Plan. Its objective is to save taxpayer money by increasing public awareness and to serve as an educational tool by focusing on the consequences of littering. The program offers volunteers the opportunity to take charge of their own environment by making a positive effort to create a cleaner, more aesthetic place in which to live.In West Virginia there are currently 25,000 volunteers who regularly pick up litter on 4,000 miles of highway. They have been responsible for removing more than 40 million pounds of litter since the program began.(b) As with the Adopt-A-Highway Program, individuals, families, churches, businesses, schools, civic organizations, government agencies, scouting groups, fraternities, and communities may participate in an Adopt-A-Stream Program, which the department shall create and implement. Anyone who is at least 12 years old may participate. Any stream or river that is a part of the West Virginia Stream Partners Program is eligible for adoption, with the exception of streams or rivers considered unsafe. Volunteers may select a stream or river to adopt and then have it approved by the department, or they may ask the department to suggest an adoptable stream or river. Adopted streams must be at least one mile long. The Litter Control Fund may be used to support the Adopt-A-Stream Program. (c) Adoptions are for a period of one year, during which time one cleanup is required per year. As volunteers pick up litter, bags that have been filled are placed on stream sides for removal and disposal by the program. Garbage bags, safety vests, safety training, traffic warning signs, and gloves are to be furnished by the program.(d) Adopted streams may be identified by a sign at each end of the section bearing the Adopt-A-Stream logo and the name of the adopter. Volunteers who complete one required litter pickup within the one-year contract period shall be awarded a certificate of accomplishment signed by the secretary.(e) The secretary may propose legislative rules pursuant to §29A-3-1 et seq. of this code.
WV Code § 22-15A-6 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 15A. The A. James Manchin Rehabilitation Environmental Action Plan|§22-15A-6. Assistance to Solid Waste Authorities

The Secretary may expend funds from the Litter Control Fund established pursuant to section four of this article to assist county and regional solid waste authorities in the formulation of their comprehensive litter and solid waste control plans pursuant to section eight, article four, chapter twenty-two-c of this code and in the construction and maintenance of approved commercial solid waste facilities authorities which would in the opinion of the Secretary be unable to construct or maintain an approved commercial solid waste facility without grant funds.
WV Code § 22-15A-7 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 15A. The A. James Manchin Rehabilitation Environmental Action Plan|§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.
WV Code § 22-15A-8 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 15A. The A. James Manchin Rehabilitation Environmental Action Plan|§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 thereof upon the right-of-way of any public highway or upon any other public property nor deposit or abandon any waste tire or part thereof upon any private property unless it is at a licensed monofill, solid waste facility or at any other business authorized by the Department of Environmental Protection to accept, process, manufacture or remanufacture waste tires: Provided, That the Secretary may temporarily accumulate as many waste tires as he or she deems necessary at any location or locations necessary to effectuate the purposes of this article.(b) No person, except those persons who have received and maintain a valid permit or license from the state for the operation of a solid waste facility, waste tire monofill, waste tire processing facility, or other such permitted activities, shall accumulate more than one hundred waste tires for beneficial use without obtaining a license or permit from the Department of Environmental Protection.(c) Any person who violates any provision of this section shall be guilty of creating an open dump and subject to enforcement actions or prosecution under the provisions of article fifteen of this chapter.
WV Code § 22-15A-9 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 15A. The A. James Manchin Rehabilitation Environmental Action Plan|§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 or for the purposes of subsection (h), section ten of this article or for the purposes of subsection (c), section eleven of this article. The Commissioner of the Division of Highways shall work with and may use moneys in the fund to contract with the Secretary of the Department of Environmental Protection to accomplish the remediation of waste tire piles. The Fund consists of the proceeds from the sale of waste tires; fees collected by the Division of Motor Vehicles as provided in section sixteen, article ten, chapter seventeen-a of this code; any federal, state or private grants; legislative appropriations; loans; and any other funding source available for waste tire remediation. Any unprogrammed balance remaining in the Fund at the end of any state fiscal year shall be transferred to the state Road Fund.(b) No further collections or deposits shall be made after the Commissioner of the Division of Highways certifies to the Governor and the Legislature that the remediation of all waste tire piles that were determined by the Commissioner to exist on July 1, 2001, has been completed and that all infrastructure bonds issued by the Water Development Authority pursuant to section seventeen-a, article fifteen-a, chapter thirty-one of this code have been paid in full or legally defeased.(c) If infrastructure bonds are not issued by the Water Development Authority pursuant to section seventeen-a, article fifteen-a, chapter thirty-one of this code to finance infrastructure projects relating to waste tire processing facilities located in this state on or before December 31, 2006, all further collections and deposits to the A. James Manchin Fund which are not programmed for remediation or disposal shall be transferred to the state road fund at the end of each fiscal year.
WV Code § 22-15A-11 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 15A. The A. James Manchin Rehabilitation Environmental Action Plan|§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 sale of waste tires the department may sell them at any available market.(c) If there is no market for the sale of waste tires the department may dispose of them in any lawful manner.
WV Code § 22-15A-13 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 15A. The A. James Manchin Rehabilitation Environmental Action Plan|§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 to the circuit court, or the judge thereof in vacation, of the county where the alleged violation occurred, for an injunction to restrain, prevent or abate the maintenance and storage of waste tires in violation of any provision of this article, or the violation of any other provision of this article. In seeking an injunction, it is not necessary for the Secretary or any state agency seeking an injunction under this section to post bond.
WV Code § 22-15A-14 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 15A. The A. James Manchin Rehabilitation Environmental Action Plan|§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 health.
WV Code § 22-15A-16 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 15A. The A. James Manchin Rehabilitation Environmental Action Plan|§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.
WV Code § 22-15A-17 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 15A. The A. James Manchin Rehabilitation Environmental Action Plan|§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 this article.(b) Each recycling plan required by this section shall include, but not be limited to:(1) Designation of the recyclable materials that can be most effectively source separated in the region or county, which shall include at least three recyclable materials; and(2) Designation of potential strategies for the collection, marketing and disposition of designated source separated recyclable materials in each region or county.