R'-'.!  LATION  OF  ,->OLLD WASTES BY  PUBLIC L U




             N VKST VIRGINIA

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         REGULATION OF SOLID WASTES BY PUBLIC LAW

                     IN WEST VIRGINIA
  This open-file report (SW-ltg) on work performed under

Training Grant No. EC-00009 to the West Virginia University

  was written by ARCH A. MaaQUEEN, JR., and RAUL ZALTZMAN
     U.S. DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE
         Public   Health   Service
               Environmental Health Service
             Bureau of Solid Waste Management
                           1970

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                            TABLE OF CONTENTS

                                                                 Page

INTRODUCTION  	    1

The Regulation of Solid Wastes by Public Law
  in West Virginia	    3

West Virginia State Law	    6

The Municipal Code of West Virginia	10

The Municipal Ordinance for Solid Waste Collection
  and Disposal	12

Comments on Ordinances Reviewed 	   21

Summary	22
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                              INTRODUCTION







     The preservation of an environment favorable to man and those




organisms in his biological ecology which support him is the purpose




of any regulatory mechanisms to which society resorts.  State law and




local ordinances affirm this purpose in such phrases as "the public




health, comfort, safety and well being demands" and declaring certain




practices to be "nuisances and hazardous to the human health."  It is




interesting to observe by a review of State and local law and regulatory




actions the extent to which such purposes are served.  The laws which




have been written are, and reflect a response to such matters as demands,




to provide a service of removal, kinds of wastes least tolerable to man's




proximity, getting those served to perform certain minimal preparations,




historic and prestige influences, reducing some of the consequences of




the existence of certain wastes and confinement of others.  The outcome




is to deal adequately with some problems, inadequately with others, and




not at all with others.  Such measures confirm that the public approach




is still a defense.  To take positive, offensive steps requires measures




to utilize, salvage, and recover the valuable resources which flow into




our refuse stream.  Consistent, with such approach is to eliminate the




disperse authority which exists under present laws.




     The lessening public tolerance of air and water pollution and the




responding regulations which increasingly limit their use for disposal

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will increase the kinds and volumes of solid wastes.  Orderly clean-up




and preservation of the landscape, prohibition of haphazard refuse




disposal practices, demolition of unsightly and unsafe structures




similarly increases the quantity and variety of solids.




     Increased regulations and control of solid wastes increases the




costs.  They are the direct costs of the service of greater volumes




collected, and approved disposal, of regulating agencies, of policing,




of clean-up activities for streets and highways, and of inquiry into and




development of more effective procedures.  As these pressures develop,




research must provide means to lessen them.




     Regulations and the standards they impose (as well as the complexity




and magnitude of the problems to be solved) is rapidly raising the




requirements for technological skill arid competence.




     These considerations point up the essential need for engineers to




know what has been ordained by law in his field of solid waste technology.

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The Regulation of Solid Wastes by Public Law in West Virginia


     There are three types of law in the State of West Virginia which

provide regulation and control of solid wastes.  They are:  (1)  State

legislation providing State control, (2) State legislation which empowers

local governing bodies to enact locally appropriate laws, and  (3) such

local law, called ordinances.  In addition, both the State legislature

and City Councils may provide in the laws they enact, the power to

adopt and enforce regulations.  Such formulation, adoption, and enforcement

of regulations has certain advantages and limitations and restraints.

The advantages are that complete regulatory details of the law do not

have to be written into it, flexibility is thereby provided for, legislatures

and city councils do not have to go through the process of rewriting and

passage of needed changes in the law.  The Commission or Board which is

responsible for implementing and administering a program can make such

adjustments by suitable new or amended regulations.  Such regulations,

because they are provided for in the law, have the force of law.  The

limitations upon any authority to adopt regulations are (1) the regulation

must be consistent with the particular law wherein the power is granted,

and (2) the preparation and adoption must comply with the general law

in the West Virginia Code1 which pertains to the adoption of regulations.

     The legislature frequently provides, in State general law, State

boards and commissions with authority to adopt regulations.  By means of

such regulations the agency is able to develop, after suitable appraisal
      West Virginia Code is the name of the entire body of Law for the
State of West Virginia.

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of the need, the specifics of the law.  It states in Chapter 16, Public




Health Law of the West Virginia Code, "The State Board of Health is




empowered and directed to adopt and promulgate regulations necessary for




the protection of the public health."  The Solid Waste Regulation of the




State Board of Health is an example of just such enlargement of the law.




In Chapter 16, Article 20, the Air Pollution Control Law of West Virginia,




there are examples of two different types of regulations; one provides




that "the Commission may establish rules for the regulation of its affairs




and the conduct of all proceedings before it"; another directs commissions




to regulate air pollution and provide specific requirements for compliance:




"the commission is hereby authorized and empowered (1) to develop ways and




means for regulation and control of pollution of the air  ... ,  (4) to adopt




and to promulgate regulations relating to air pollution  ... , and  (5) to




enter orders requiring compliance with the provisions of this article and




the regulations lawfully promulgated hereunder."




     Municipality governing bodies have not taken advantage of  this device




in the solid waste ordinances they have passed.  Some few instances of




limited authority to adopt regulations have been written into ordinances




where there is an administrative board created by the ordinance.   Solid




waste ordinances of twenty-five West Virginia municipalities were  reviewed;




all of them have been written and passed with near complete regulatory




detail.  The  following is an example  of regulations used  in conjunction




with a solid waste ordinance (these  do riot appear in  the  ordinance).

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         Village of Barboursvilie, Barboursville, West Virginia







     Effective January 1, 1968, the rules and regulations regarding the




collection of garbage in the Village of Barboursville, Barboursville, West




Virginia, must be complied with.









     1.  All garbage cans must be registered at the Recorder's Office.




     2.  All garbage cans must be 20 gallons or less.




     3.  All garbage cans_ must be kept covered at all times.




     4.  No barrels will be picked up after January 15, 1968.




     5.  Payment must be made by 15th day of the quarter.




     6.  Tags are available at the Recorder's Office, 721 Central Avenue.




     7.  No can will be picked up without a tag showing the color of




         quarter and registration number.




     8.  All quarterly tags must be attached to the body of the can, not




         the lid.




     9.  Your can number is registered at the City Hall.  If card is lost




         or misplaced, you may call at the Recorder's Office for a new




         number and can card.




    10.  All cans must have your tag number painted on them.

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West Virginia State Law







     The primary State authority and responsibility for solid waste




disposal belongs to the State Board of Health through its solid waste




section.  In Article 1 of Chapter 16, Section 9, the establishment of




specific services affecting the public health, systems of drainage, water




supply, excreta disposal and garbage and refuse disposal, is prohibited




unless established according to rules issued by the State Board of Health




or methods approved in writing.  Effective July 1, 1967, the Board




adopted a regulation for solid waste disposal (see Appendix).  The




regulation allows disposal by sanitary landfill, incineration, or other




having approval of the Department of Health, combustion methods,




additionally, requiring approval by the West Virginia Air Pollution




Control Commission; disposal by sanitary landfills and incinerators




must comply with described standards; department approved manner for




disposal of hazardous materials is required.




     The State applies controls and restraints on the disposal of solid




wastes by laws which are administered by other departments and agencies.




The West Virginia Air Pollution Control Commission regulates combustion




of refuse with its Regulation VI.  Open burning is prohibited with very




limited exception, particularly described.  Incinerators must meet




standards of design and operation, the combustion residues must be




confined by the equipment to specifications.  Persons must register




incinerators with the Commission.  Disposal of incineration of hazardous




material shall be done only in such manner as to be a danger to no one.

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     The State by general law found in Chapter 20, "cited as the Natural




Resources Law of the West Virginia Code,  orders, ordains, requires the




"conservation, protection, and development of its natural resources




including the maintenance and improvement of the natural beauty."




Specifically Chapter 20 provides law for prohibition and/or restraints




(authority residing with the Department of Natural Resources and for




Article 5A, the Water Resources Board) on




     1.  the disposal by burning of natural debris in or near forest




         lands and open fields (Article 3),




     2.  railroads allowing the accumulation of natural and other




         flammable materials along their right of way (Article 3),




     3.  any person or firm disposing of flammable wastes on land without




         adequate clearing of and keeping clear the area surrounding




         (Article 3) ,




     4.  littering along highways, roads, etc. (Article 4),




     5.  disposal in or along waterways, and littering in and along




         waterways, including on one's own property (Article 5, Water




         Resources Law),




     6.  disposal of any solid wastes from any source in any manner




         (See Article 5A, Section 2, Definitions.)  ("Pollution" is so




         broadly defined in the law that it is quoted here in part to




         cite the manner of including solid wastes.  It states,




         "'pollution1  shall mean the discharge, release, escape, deposit:




         or deposition, directly or indirectly of ... other wastes of

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         whatever kind  or  character  in  or  near  any waters  of  the  State"




         and "'other wastes'  shall mean garbage,  refuse, decayed  wood,




         sawdust shavings,  bark and  other  wood  debris  and  residues,  sand,




         lime,  cinders,  ashes,  offal, night soil, silt,  oil,  tar  ...  .")




         (Article 5A, Water Pollution Control Act),




     7.   the throwing,  dumping,  piling, or otherwise placing  any  surface




         mine overburden,  stones, rocks, coal,  particles of coal, earth,




         soil,  dirt debris, trees, wood logs, or  any other materials or




         substances of  any kind beyond  the area of  land  which is  under




         permit, nor place such substances where  slides  and erosion will




         carry them beyond (similarly such materials are not  to reach




         waterways) (Article  6,  Surface Mining  Law)  (This  law requires




         covering of all solid toxic materials, roof coal, pyritic shale,




         or materials determined to  be  acid producing, toxic, or  creating




         a fire hazard,  the demolition  and removal  or  covering with back-




         fill and grading and planting  to  a stable  condition  of the




         disturbed area).




     Chapter 20 gives the Chief of  the  Division of  Water Resources the




authority to deny a permit at his discretion for  good  cause.   The following




is an example of the exercise of that  authority.







Staff Policy Regarding Issuance of  Permits for  Burial  of Industrial Wastes




                            November 30, 1965







     In consideration of the  increasing number  of proposals to use sanitary




landfills operated by private persons  arid  municipalities for  the burial of

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industrial wastes and further considering the hazards involved in such




practice, it is hereby announced that effective this date the Water




Resources Division, State Department of Natural Resources, is opposed




to such practice and will not issue permits in the future for such




unless the burial of industrial wastes is done on land owned or leased




by the company or person producing such industrial wastes and is under




the direct supervision of such company or person.  It is further




announced that no permit for such method of disposal of industrial




wastes shall be approved unless the company or person operating such




disposal facilities under the limitations set forth above shall have




the means to sample and analyze the underground and surface water




constituents being disposed of under the limitations set forth above.







                                  Chief







     The State Board of Health is the basic State agency of authority and




responsibility for the public health.  This includes matters of sanitation.




An effective system of collection, removal, and disposal, though often




looked upon only as a convenience, is actually a public health necessity




and is so considered by the State.  The law confirms this.  For this




reason the Board of Health is empowered to supervise, advise, regulate,




inspect, intervene, and require improvements of municipal refuse programs




and practices.  The County Health Officer exercises this authority on the




local level.

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                   The Municipal Code of West Virginia







     Chapter 8 of the West Virginia Code is known as and cited as the




"Municipal Code of West Virginia" and sometimes as the Basic Municipal




Code.  This is the general law of the State whereby the State provides




for the formation of towns and cities and the granting of charters of




municipal corporation, which charter describes the municipal organization




structure and the manner whereby such municipality shall conduct and




manage its affairs.  The Municipal Code of West Virginia, in Article 1,




Section 6, confers, grants, and conveys to municipalities such essential




corporate powers and authority by the statement, "In furtherance of the




purpose of this chapter as set forth in Section One of this article, each




municipality is subject to the provisions contained in this chapter and




may exercise the power and authority conferred by this chapter."  Simply




stated, local government is granted its right to exist and govern by the




State.




     In Article 11 the code states:  "To carry into effect the powers




and authority conferred upon the municipality—the governing body (of




the municipality) shall have power and authority to pass all needful




ordinances, orders, bylaws, acts, resolutions, rules and regulations,




not contrary to the constitution and laws of this State and to prescribe




reasonable penalties in the form of fines and imprisonment for violation




thereof."  (Ordinance is the name for municipal law and results from the




legislative actions of the governing body.)  Municipalities can provide




for collection of fees and imposition of penalties by ordinance only.
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Public hearings must be held before passage of an ordinance whereby




revenues are being raised.  In Article 12, Section 5, municipalities




are given enumerated general powers upon appropriate action on ordinances




or resolutions, included are the powers to prohibit the accumulation and




require the disposal of refuse, to establish and equip facilities to




remove and dispose of refuse and to eliminate hazards to the public health




and abate a public nuisance; further to provide penalties for failure to




comply.  Where an essential service is furnished, including refuse




collection and disposal, reasonable rates, fees, and charges may be




collected from the users, penalties imposed for violation, but the city




shall not have a lien on property as security for payments.  Regulations




may be made with respect to the service (Article 13, Section 13).




     Where a municipality must borrow money to construct and equip an




incinerator or landfill, Article 16 provides that it may establish a




Public Works for operation of such facility having a largely autonomous




governing board which may borrow by means of revenue bonds.  The Public




Works must fix service fees adequate to retire the bonds and pay for its




operations.  When this procedure is exercised the disposal governing




board would have to operate the collection services so that only a single




fee be charged for the service.  Fees collected are the revenues of the




Public Works and must not go into the General Fund of the municipality.




There is a provision in this Article which allows discontinuance of the




service for failure to pay the service charge.  This is a serious defect




since the primary object of refuse collection and disposal is the safety,




health, and well being of the public and not the assurance of revenues.
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     The Municipal Ordinance for Solid Waste Collection and Disposal







     To bring into being a refuse collection and disposal service and




its related regulation of general sanitation a municipality must exercise




the power and authority granted it by the State Municipal Code.  The




governing body of the municipality does this by drawing up and enacting




an appropriate ordinance.  The State Board of Health, as stated above,




has the authority to require a municipal corporation to protect the public




health by enactment and implementation of such ordinance.




     The essential provisions and elements of the ordinance are listed in




the following outline.




     ARTICLE I—General Provisions




         1.  Purpose




         2.  Definitions




         3.  Authority to regulate - Sale collector




         4.  Official of authority and department created




         5.  Making regulations authorized




         6.  Duties of council




         7.  Authority to inspect




         8.  Participation mandatory




         9.  Service standards




        10.  Disposal




        11.  Salvage controls




        12.  Special duties  of department




        13.  Unlawful acts
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   14.  Authority of sanitation department to clean up refuse on

        private property

   15.  Penalties

   16.  Appeal from requirements

ARTICLE II—Fees, Rates, Charges

   17.  Statement of purpose, authority, to be equitable

   18.  Standard rate schedule

   19.  Non-standard rates

   20.  Refuse excluded from standard service, special service calls

   21.  Department authorized to set rates not covered

   22.  Disposal fees

   23.  Method of collection of unpaid fees; service not to be

        discontinued for non-payment

   24.  Right of Appeal

   25.  Collection and records

        (a)  Authorize collector, duties
        (b)  Auditor to set up record keeping methods
        (c)  Financial report to governing body
        (d)  Annual audit by professional auditors

   26.  Revenues to be kept separate - for department only.

The items in the outline above are more fully described.

1.  Purpose.  This short section tells the intent to provide a

    service, to maintain sanitary conditions to comply with State

    Health Law and regulations, and makes such other general statements

    of purpose of the ordinance.
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2.  Definitions.  Several of the terms which are peculiar to this




    subject, such as refuse, garbage, disposal, etc., are defined.




3.  The municipality establishes its authority over the service of




    collection and disposal of solid wastes and maintaining safe and




    sanitary conditions related to same, requiring by this section




    that all activities having a bearing on this authority shall




    be in compliance with this ordinance and regulations promulgated




    in accordance to it.  The ordinance may provide that the city only




    will engage in the activity others may provide for private, contract




    collectors under municipal permit and control (the City of Charleston




    collects all commercial refuse by licensed contract collectors).




4.  An official of authority is designated, usually the mayor or city




    manager, and a sanitation department is created, often a superin-




    tendent of the department is created to administer the program.




    A Board may be created which will have considerably autonomy where




    a Public Works is also created as provided for under the State




    Municipal Code (this is done in cities which finance incinerators




    or landfill by revenue bonds).  The powers and duties of officials




    and departments are set forth and compliance with the provisions




    of this ordinance is required.  Also, compliance with State




    Health  law and regulations is required.




5.  Authority is granted to officials and departments (and Boards)  to




    make and enforce regulations which shall have the force of law.




6.  Powers  and duties of council are set forth in this section:




    power to set and revise fees; duty to provide adequate revenues;
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    provide for necessary equipment and personnel; approve the




    manner and means of disposal; in some ordinances which were




    reviewed the council reserved the right to approve regulations




    (the power to make regulations should not be hindered by this




    reservation).




7.  The authority to inspect is provided the city or county health




    officer or his delegated agent.  Usually the sanitation depart-




    ment, police and fire departments, are authorized to inspect




    premises for compliance with the provisions of this ordinance




    and regulations made according to it to protect the health and




    safety.




8.  Require all residences, commercial establishments, institutions,




    and industries to subscribe.  An exception is provided for




    on-site incinerators.  However, such incinerators must have a




    permit to operate which means meeting certain standards of




    construction and performance.  The ordinance will have to




    authorize some procedure and an office for approving such




    incinerator inspections will have to be scheduled.  Special




    collection rate schedules will have to be provided for this




    kind of situation to pick up and dispose of incinerator residues




    and noncombustible refuse.  This section will provide that an




    individual may remove from his premises and convey to the disposal




    facility undue quantities or non-standard types of refuse.




9.  Service Standards.  To operate a refuse collection and disposal




    service, to maintain standards of safety and sanitation, and to
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     provide convenience,  certain rules are required.   The rules




     apply to frequency of collection,  leaving proper type and size




     of containers,  separation of such  refuse as ashes, combustibles




     from noncombustible,  keeping containers clean,  safe to handle




     and covered,  draining and wrapping garbage, placing containers




     at curb on pickup day,  hazardous materials not  to be disposed




     of by means of  regular  pickup,  and other materials picked up




     only by special service call.  Because there are a very con-




     siderable number of these rules and there must  be different




     ones applicable to domestic, commercial and institutional, and




     industrial subscribers, this section simply should provide that




     such rules be developed and adopted according to Section 5, the




     authority to make regulations.   A  review of many ordinances




     shows that some of these standards appear in one ordinance,




     others will be  in the provisions of another, no ordinance




     provides a complete set of such rules.




10.  Disposal.  This section says that  council shall provide an




     adequately equipped and staffed disposal facility, which is




     safe and sanitary.  The State Board of Health Solid Waste




     Regulation (see Appendix) standards must be complied with.  The




     facility must be accessible to persons hauling refuse or items




     to be disposed of.  Salvage activities should not interfere




     with good disposal practices and materials salvaged shall be




     removed from site daily.
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11.   Salvage.   Because there will be some amount of salvage business




     in any municipality and because such enterprise provides channels




     for recovery and return of resources to usefulness,  regulations




     in the refuse ordinance should encourage these activities and




     at the same time prevent unsightly and nuisance conditions.




12.   Special Duties.  Department to have authority and responsibility




     regarding demolition materials, removal of dead animals from




     street, providing and maintaining waste receptacles  along the




     streets and sidewalks.  This section may be combined with the




     provisions in Section 14.




13.   Unlawful Acts.   To properly maintain standards of sanitation,




     safety, and prevent nuisances, certain practices must be pro-




     hibited and be subject to penalties.  The ordinance  usually




     states "it shall be unlawful to" and then describes  in sufficient




     detail each unlawful act.  This is a most important  section in




     the ordinance because it deals with enforcement, the basis whereby




     persons will be determined to be violators and penalties imposed.




     For these reasons, each act must be separately listed and definitely




     set forth.  The following is a list of acts described as unlawful




     in most ordinances.




         Dumping on private or public property or in or along waterways




         Accumulation of refuse




         Disposal other than provided in ordinance




         Littering or allow accumulation of litter on property
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         Storage of refuse except in approved manner




         Disposal of hazardous materials except as provided




         Open burning




         Private collectors except under provisions




         Failure to subscribe to service




         Maintain a nuisance or fire hazard




         Refusal of entry for inspection




         Not complying with regulations instituted under the provisions




           of the ordinance.




14.   A provision authorizing the sanitation department to clean up an




     accumulation of refuse where an order to clean up has not been




     complied with by the owner.  Authorized, too, is making charges




     for the cost of the clean-up.




15.   Penalties in the form of fines and imprisonment in jail are




     provided for upon conviction for violations.




16.   Right of Appeal.  Because provisions of the ordinance or sanitation




     department regulations may cause hardship or otherwise seem arbi-




     trary, persons should be provided with a manner for obtaining




     relief.  A time limit must be set on bringing appeals to hearing




     and decision.




17.   Purpose.  This section should state that council shall have the




     authority to make charges for the service sufficient to provide




     needed revenues to provide personnel and equipment essential for




     the service of collection and disposal, to pay bond indebtedness,
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     and to make the service self-supporting.  Council is authorized




     to revise fees, when necessary, based on the aforementioned




     purposes.  Fees shall be equitable based on benefits.  To meet




     this last specification, commercial rates are set by some




     municipalities based on time required to pick up the commercial




     subscribers refuse, other ordinances charge on basis of weight,




     and others on the basis of volume.




19.  Non-standard Rates.  This section states that certain abnormal




     collection requirements make it necessary to charge above minimum




     standard rates, examples being distance from street,service to




     boardinghouses.




20.  Refuse excluded from standard service, as construction or demo-




     lition wastes, tree trimmings, dead animals, automobiles, auto




     parts,  hazardous materials, bulky items, excessive quantities,




     shall be collected by special service calls.  Service calls




     shall be made on special billings and a rate schedule can be




     set on the man minutes required.




21.  Charges for service not otherwise covered in rate schedules




     can be set by the department if authorized by the ordinance.




22.  Disposal Fees.  Charges are made for refuse delivered upon the




     disposal site.  This is best done on a weight basis and requires




     a scale at the disposal site.  No charges should be made for




     small quantities of materials delivered by individuals.




23.  A method for collecting unpaid fees should be written into the




     ordinance and requiring the collector to proceed and not allow
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         delinquent accounts  to continue.   Stopping of the service should




         not be permitted as  a means of force payment.  (Discontinuing




         the service defeats  the purpose of the service.)




    24.   The subscribers should have the right of appeal from charges




         when such charges may seem excessive.




    25.   Collection and Records.  The ordinance shall designate an




         official to be the collector of fees and responsible for keeping




         the records of receipts and expenditures according to prescribed




         procedures prepared  by the municipal auditor.  The collectors




         other duties are set forth in the ordinance including making an




         annual or semiannual report to the governing body and taking




         immediate steps to collect any delinquent fees.  The ordinance




         should require an annual audit by an independent auditing firm.




    26.   The ordinance should provide that "all fees and charges shall




         be the revenues of the Sanitation Department and shall be kept




         separate from the General Funds of the Municipality."




     The elements of a municipal solid waste ordinance described above can




be described as a composite of several ordinances which were reviewed.  In




addition to these provisions or the more essential ones, some municipalities




extended the applicability of the ordinance beyond the city bounds one mile,




as permitted by the State Municipal Code.  Some make the service available




to subscribers outside city limits for an addition to the fee, some provide




regulations for private collectors serving subscribers outside the city




limits but where city streets must be traveled, requiring permits and
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approved vehicles.  These cities permit disposal at the city operated





disposal facility.







                     Comments on Ordinances Reviewed







     Charleston, Lewisburg, and Hinton depend on private collectors to




provide a significant part of the service.  Private collectors serve all




commercial and industrial subscribers in Charleston.  The ordinances of




these cities contain extensive provisions regulating such private collectors,




The town of Williams town provides the service entirely by an annual contract




with a private collector.   Its ordinance deals almost with the manner of




entering into said contract and the contractural requirements.  The




ordinance contains provisions requiring all residents and businesses to




subscribe to the service requiring use of approved containers and pro-




hibiting dumping and littering.  Generally, small municipalities and




villages have more simple ordinances which simply make provision for the




collection service, set fee schedules, dates payable, and provides




penalties for failure to pay fees, require all to subscribe.  The only




sanitation provisions are to provide suitable container with cover and




prohibition of open burning.  Most cities make no provision for on-site




incinerators even though the cities are large enough to probably have a




significant number in operation.  A number of municipalities provide for




suspension of service for deliquency of payment of fees, this, though it




is contrary to the objective of good sanitation.  Most ordinances provide




that the city shall be the sole collector and do not allow private




collectors.
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                                 Summary







     The State provides by general law that several departments shall be




responsible for and have authority to control disposal of solid wastes




and refuse.  The State Board of Health is the department which is empowered




to regulate the sanitary aspects of solid wastes including local collection




and disposal practices.  Local government obtains its authority and power




through a State approved municipal charter and that chapter of the general




code, Chapter 8, known as the State Municipal Code.  Cities and towns thus




authorized create such service and sanitary regulations as they see fit




and which meet their needs.  No county governing body has instituted




regulatory programs dealing with solid wastes.
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        APPENDIX
  SOLID  WASTE
   REGULATION
    A Regulation of the West Virginia

 State Board of Health - effective July 1, 1967


WEST VIRGINIA STATE DEPARTMENT OF HEALTH
         Charleston 25305
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WEST   VIRGINIA   ADMINISTRATIVE   REGULATIONS   16-1,
SERIES  II, SECTION 6.

     A regulation  of  the  West Virginia  State Board of Health defining
various types  of  waste materials with requirements  for disposal  in  ac-
cordance with Chapter Sixteen, Article  I, Section 9.—Supervision  over
local sanitation.

Section 6.  Regulations Defining Various Types of Waste Materials With
            Requirements for Disposal

     6.01.  Definitions:
     (a)  SOLID  WASTE—All putrescible and  non-putrescible discarded
         material  (except  household sewage) including but not  limited
         to  garbage,  rubbish,  ashes,   street  cleanings,  dead  animals,
         abandoned  automobiles,  sewa.se  plant  sludge, and  industrial
         wastes,  except those industrial wastes which  arc  controlled or
         subject to control by the  Department  ot  Natural Resources, or
         West Virginia Air Pollution Control  Commission

     (b)  GARBAGE—Putrescible  animal and  vegetable wastes resulting
         from the handling,  preparation,  cooking, and consumption of
         food, including  wastes  from markets, storage facilities, handl-
         ing,  and the sale of produce and other food products

     (c)  ASHES—The solid residue from burning of  wood, coal, coke,
         or other combustible material  used for heating buildings or the
         solid residue from incineration of combustible solid wastes.

     (d)  RUBBISH—Non-putrescible   solid  wastes   (excluding  ashes)
         consisting  of both combustible and  non-combustible  wastes.
         Combustible rubbish includes  paper,  rags, cartons,  wood, ex-
                                  24

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    celsioi,  lumiturc,  luhhci, plastics,  yard  trimmings,  leaves, and
    similar  materials    Non-combustible  rubbish  includes   glass,
    crockery,  tin cans, aluminum  cans, dust,  metal furniture, and
    like matetials which will  not burn  at ordinary incinerator tem-
    peratures  (1600   F to  1800°  F).

(c)  PRF.MlSfcS shall mean any place,  land,  building, watercraft on
    the waters of this  state, or any  other place upon or in  \vhich
    solid waste is stored.

(f)  SANITARY LANDFILL shall mean a  controlled area of land
    upon  which  solid  waste is  deposited,  compacted, and covered
    daily with compacted earth.

(g)  INC'INLRATOR  shall  mean  a  multi-chambered furnace de-
    signed  tor the volume reduction of solid waste by burning in a
    tire box which has been lined  with refiaetory  material and the
    design  approved by the Director of Health  and the West Vir-
    ginia Air  Pollution ( ontrol  Commission.

(h)  INCINERATION shall mean  the dcstiuction of solid waste by
    burning in  a furnace  designed  for that  purpose  with proper
    controls at a temperatuie in the  range of  1600  F to 2000'  F
    with stack emissions not exceeding the  limits set by the  West
    Virginia  Air Pollution  Control Commission   Open  burning  is
    not  considered  incineration.   Residue  from  incineration  shall
    contain no more than 109f  organic material.

(0   INCINERATOR  RESIDUE shall  mean the solid material  ic-
    maining alter burning of solid waste in an  incinerator as des-
    i nbed above.
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     6.02.  Disposal.—Disposal of garbage and rubbish by open dumping
is hereby declared to be a nuisance and  hazardous to the human health.
On and after July  1,  1967, disposal  of  solid waste  shall be made only
through the use of:

     (a)  Sanitary landfills—established,  conducted,  operated, and main-
         tained in accordance  with standards of this  regulation.
                                  OR
     (b)  Incinerators constructed, operated, and maintained in accordance
         with the provisions of this article.
                                  OR
     (c)  Any other method approved in writing by  the  Director  of  the
         West Virginia State Department of Health and,  if combustion is
         to  be  utilized,  by  the  West  Virginia  Air Pollution Control
         Commission.

     6.03.   Standards for Sanitary  Landfills.—
     (a)  No solid waste  shall be disposed of on  the land except  in  ap-
         proved sanitary landfills that have been prepared by excavation
         or  otherwise  for that purpose and  approved   by  the  proper
         authority.  The site will be selected to protect wateis of the state
         from pollution.

     (b)  Suitable equipment to  perform the necessary digging, compact-
         ing, and covering is to be available for use  at all times. Standby
         equipment is to be  available within  24 hours  in the event ot
         failure  of regular equipment.   Satisfactory evidence  of  avail-
         ability  of standby equipment is to be on file for inspection.

     (c)  The  sanitary  landfill shall be  pre-planned by  a registered  en-
          gineer  and a copy of the plan shall be submitted to the Division
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    of  Sanitary  Engineering for approval,  and approval  shall  be
    obtained prior to  beginning  use, including operating procedures.

(d) Maintenance  shall be by properly trained personnel responsible
    for conduct of the operation.

(e) The face of the working fill is to be kept as small as consistent
    with  good operation to keep the area of exposed material as
    small as possible.

(f)  All exposed solid waste is  to be covered with at least 6  to  8
    inches of compacted earth at the close of each day's operation.

(g) Solid waste is to  be compacted to the maximum possible  with
    available  equipment in layers  or cells  with each  single  layer
    having not greater than a six to eight foot rise.

(h) All solid  waste received is to be buried in the landfill.  In ex-
    ceptional  cases a  place  may  be  set  aside  to  receive  bulky
    materials such as  tree stumps, etc., and covered as needed.

(i)  Final cover for top and  side  slopes  is  to  be compacted and
    maintained not less than two feet in thickness.

(j)  Final grade on cover is to be regular and sloped to direct surface
    water across the fill without pooling. Drainage diverting  ditches
    are to be  used whenever necessary.  Final  top cover shall be
    maintained at not greater than 2%  angle of repose.

(k) Adequate  controls  to prevent  scattering  of paper, dust,  etc ,
    including a daily  cleanup of scattered  paper and other material,
    which is disposed of prior to closing the day's operation.

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(1)  Adequate  tire fighting  equipment  or facilities is to be  readily
    available to  control fires.

(m) Uncontrolled dumping at the bite is not  to be  permitted.

(n)  Cracks,  erosions,  etc.,  appearing  in the cover  or side slopes
    of  a  sanitary landfill arc to be promptly repaired.  As  soon as
    practicable, cover and side areas of the landfill are to be planted
    in grass  or other vegetation to assist in controlling erosion.

(o)  Approved toilet  facilities are  to  be provided for the  use of
    operating  personnel.

(p)  Materials  salvaged at the site are to be  removed  daily.

6.04.   Standards for Incinerators and Incineration.—
(a)  Plans and specifications for incinerators shall be prepared  by a
    qualified registered engineer.

(b)   Incinerators  shall  be  designed,  operated,  and  maintained to
    meet  emission standards of the  West  Virginia Air  Pollution
    Control Commission or of the local control  authority, whichever
    is  applicable.

(c)   Incinerator  residue  is to be incorporated in  a sanitary landfill,
     for final  disposal, operated and maintained pursuant to the re-
     quirements of Section 6.03  of this  regulation.

(d)  Plans and specifications, including disposal  of  residue, tor in-
     cinerators are to be submitted to  the Division of Sanitary En-
     gineering  and the West Virginia Air Pollution Control Commis-
     sion for review and approval prior to the construction or opera-
     tion thereof.
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     (c)  Incinerators shall  be operated ;md  maintained under  the  direct
         supervision of  a person qualified by  experience  and/or special
         training  in the field  of  incinerator  management.  Before  any
         incinerator  commences operation,  the  qualifications  of  such
         person  shall be submitted  to  the  Department  of Health for
         approval.

     (0  Accumulation  of solid wastes in  and around  any incinerator is
         forbidden.

     6.05.  Disposal of Hazardous Materials.—
     (a)  Hazardous  materials  (i.e.  Insecticides, empty insecticide  con-
         tainers, toxic or radioactive materials, used bandages, etc.,) are
         to be disposed  of in a manner acceptable to  the State Depart-
         ment of  Health.

     6.06.  Enforcement.—This regulation is  to be enforced in accordance
with procedures outlined in Chapter 16, Article  1, of the Code of West
Virginia.

     6.07.  Repeal and Date of Effect.—All regulations of the State Board
of Health in conflict with this regulation are  hereby repealed;  and  this
regulation shall take effect on the  1st  day  of July, 1967.

     6.08.  Severability.—Should any  section,  paragraph,  phrase,  sen-
tence, or clause of this regulation be declared  invalid or unconstitutional
for any reason, the remainder  of  this regulation  shall not  be effected
thereby.
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