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-
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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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