West Virginia Code § 22-15-14

Limitations on permits; encouragement of recycling
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(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 facilitye without proper
visual screening from any interstate highway, turnpike, federal or state primary highway or
scenic parkway. r
(b) The director shall give substantial deference and consideratioun 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 tthe 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 spromulgate 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, processingg 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
munWicipality except those facilities owned or operated on behalf of the municipality in which
the facility is located.

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