Current through Register Vol. XLI, No. 50, December 13, 2024
Section 33-12-3 - General Requirements Governing Covered Electronic Devices3.1. Certain Disposal Prohibited. - After January 1, 2011, it is unlawful to deposit CEDs in a solid waste landfill in West Virginia. CEDs must be delivered to a commercial solid waste facility or to a collection or recycling facility authorized to take them by the laws of the State of West Virginia or of the state where the collection or recycling facility is located.3.2. Certain Disposal Allowed. - Solid waste landfills shall continue to accept for disposal all electronic devices that are not specifically exempted from landfill disposal by this rule.3.3. Commercial Solid Waste Facilities Required to Accept Covered Electronic Devices 3.3.a. Commercial solid waste facilities shall accept CEDs from any person and may charge a reasonable fee for acceptance of the same, in accordance with the rates and charges established by the Public Service Commission pursuant to W. Va. Code § 24-1-1, et seq. CEDs accepted by the commercial solid waste facility shall not be disposed of in a landfill except as allowed in subsection 3.4 of this rule.3.3.b. CEDs collected by commercial solid waste facilities or CED collectors shall be stored and handled in compliance with the requirements of section 4 of this rule.3.3.b. CEDs collected by commercial solid waste facilities are exempt from the calculation of monthly tonnage limits and from any solid waste disposal assessment fees.3.4. Exception to Prohibiting Covered Electronic Devices from Disposal in Landfills. - Commercial solid waste landfills may only dispose of CEDs generated from Department of Environmental Protection (DEP) remediation events when the DEP has determined that there is no other reasonable disposal alternative available. 3.4.a. CEDs accepted from DEP as a result of DEP remediation events that are permanently disposed of in a landfill are not exempt from the calculation of monthly tonnage limits or any solid waste disposal assessment fees.3.4.b. DEP may negotiate with a solid waste landfill for rates and charges for the disposal of CEDs regardless of the rates and charges established by the Public Service Commission.