West Virginia Code § 22-15A-22

Prohibition on the disposal of certain items; plans for the proper
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handling of said items required.
(a) It is unlawful to dispose of lead-acid batteries in a solid waste landfill in West Virginia.
(b) It is unlawful to dispose of tires in a solid waste landfill in West Virginia except for waste
tires collected as part of the departments waste tire remediation projects or other collection
efforts in accordance with the provisions of this article or the pollution prevention and open
dump program or other state-authorized remediation or clean up programs: Provided, That
waste tires may be disposed of in solid waste landfills only when the state agency
authorizing the remediation or clean up program has determinedu there is no reasonable
alternative available.
(c) It is unlawful to dispose of yard waste in a solid waste facility in West Virginia: Provided,
That the prohibitions do not apply to a facility designed specifically to compost yard waste or
otherwise recycle or reuse yard waste: Provided, however, That reasonable and necessary
exceptions to the prohibitions may be included as plart of the rules promulgated pursuant to
subsection (f) of this section. s
(d) Effective July 1, 2016, covered electroniic devices, as defined in section two of this article,
may not be disposed of in a solid wagste landfill in West Virginia, if a county or regional solid
waste authority determines there is a cost effective recycling alternative for handling
covered electronic devices.
(e) The Solid Waste Management Board shall design a comprehensive program to provide
for the proper handling of yard waste, lead-acid batteries and tires.
(f) The secretary sha ll promulgate rules, in accordance with chapter twenty-nine-a of this
code, to impleVment and enforce the program for yard waste, lead-acid batteries and tires.
(g) The secretary's rule shall provide for the disposal of yard waste in a manner consistent
with one or any combination of the following:
(1) Disposal in a publicly or privately operated commercial or noncommercial composting
facility;
(2) Disposal by composting on the property from which domestic yard waste is generated or
on adjoining property or neighborhood property if consent is obtained from the owner of the
adjoining or neighborhood property;
(3) Disposal by open burning, where not prohibited; or
(4) Disposal in a publicly or privately operated landfill, only where none of the foregoing
options are available. The manner of disposal shall only involve small quantities of domestic
yard waste generated only from the property of the participating resident or tenant.

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