West Virginia Code § 22-15A-7

Pollution prevention and open dumps
Open in Lexace · Ask the AI about this section
(a) The Secretary shall establish the Pollution Prevention and Open Dump (PPOD) Program
to encourage the proper disposal of commercial and residential solid waste and to undertake
all reclamation, clean up and remedial actions necessary to minimize or mitigate damage to
the environment, natural resources, public water supplies, water resources and the public
health, safety and welfare which may result from open dumps or solid wastee not disposed of
in a proper or lawful manner. The program shall seek to eliminate open dumps, which often
include waste tires and to recycle as many items as possible from theser reclamation efforts.
This program shall be funded through the Solid Waste Reclamation and Environmental
Response Fund established in section eleven, article fifteen of this chapter.
(b) Authorized representatives of the department have the ritght, upon presentation of proper
identification, to enter upon any property for the purpose of conducting studies or
exploratory work to determine the existence of adverse effects of an open dump, to
determine the feasibility of the reclamation or prevention of such adverse effects and to
conduct reclamation activities provided herein. Such entry is an exercise of the police power
of the state and for the protection of public hesalth, safety and general welfare and is not an
act of condemnation of property or trespass thereon. Nothing contained in this section
eliminates any obligation to follow any process that may be required by law.

‹ Prev All West Virginia sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.