Current through Register Vol. XLI, No. 50, December 13, 2024
Section 54-3-5 - Content of Plan5.1. General Information. -- The plan shall include the following general information: 5.1.a. Description of plan goals and objectives for solid waste management for the next twenty (20) years.5.1.b. Status of existing solid waste management activities in the county or region, and a description of how the plan has been implemented. If portions of the plan have not been implemented, discuss the reasons and need for plan modification.5.1.c. Describe how funds, including grant funding, have been used and will be used to implement the plan.5.1.d. Describe the actions taken by the authority to implement the hierarchy established in W. Va. Code '22C-4-1, in the following order of priority: (2) recycling, reuse, and materials recovery, and 5.2. Specific Information and Data. -- In addition, the plan shall include the following specific information: 5.2.a. An assessment of litter and solid waste problems in the county or the region, including, but not limited to, a listing of any open and unpermitted dumps, including waste tire piles, and any other problem areas for litter control.5.2.b. An evaluation and assessment of existing solid waste collection and disposal services for all county or regional residents at their residences, where practicable, or the use of refuse collection stations at disposal access points in areas where residential collection is not practicable. In developing such collection services, primacy shall be given to private collection services currently operating with a certificate of convenience and necessity from the motor carrier division of the state Public Service Commission. 5.2.b.1. Locate on a county or regional highway map or maps, existing and planned solid waste collection, storage, treatment, transportation, disposal, recycling, and other management facilities, and their projected capacities. Include a listing of haulers and the areas they serve. Information shall be included for all solid waste generated within the area covered by the authority from collection to final disposal, whether or not the above-listed facilities are located within the geographic area of the authority.5.2.b.2. Include demographic information and projections over twenty (20) years. Information may be obtained from the Regional Research Institute at West Virginia University.5.2.b.3. Include data on urban concentrations, geographic conditions, markets, transportation conditions, and related factors.5.2.b.3.A. Indicate the regions which are predominantly urban in nature, their population density, and projected changes in the area or population of these regions. Also indicate any additional regions which are expected to urbanize or where growth is anticipated.5.2.b.3.B. Include a general description of geographic features in the region, e.g., rolling hills, steep valleys, narrow river plains, or eroded plateau. A short description of soil conditions and underlying bedrock is also requested.5.2.b.3.C. Identify major highways, rail or river routes currently used in the transportation of solid waste, and which are anticipated to be used in the future. Describe any existing or anticipated problem areas and conditions along such routes.5.2.c. A recommendation, and the reasons for such recommendation, for the siting of one or more properly permitted public or private solid waste facilities, whether existing or proposed, to serve the solid waste needs of the county or the region, as the case may be, consistent with the comprehensive county plan prepared by the county planning commission, and the anticipated volumes of solid waste originating within or outside the county or region which are likely to be disposed of within the county or region. 5.2.c.1. To ensure that the present and future solid waste needs of the county or regional authority are attained, the authority may recommend that its solid waste be processed, recycled, or disposed of at an existing or proposed solid waste facility located either within or outside the authority's geographic area.5.2.c.2. If an authority recommends that its solid waste be processed, recycled, or disposed of at a proposed solid waste facility, such facility may not be located within a prohibited or tentatively prohibited zone established pursuant to 54CSR4 - "The Development of Commercial Solid Waste Facility Siting Plans".5.2.c.3. Whether an authority proposes using a solid waste facility within its area or outside its area, it shall provide documentation that the facility will meet the authority's future solid waste needs.5.2.d. A timetable for the implementation of the plan over the twenty (20)-year projection, including stages of progress toward the accomplishment of each item in subsection 5.2 of this rule and the parties responsible for each step in the timetable.5.2.e. A program for the cleanup, reclamation, and stabilization of any open and unpermitted dumps. The authority should consider using the Pollution Prevention Open Dumps (PPOD) cleanup funds available through the DEP.5.2.f. A program to enlist the voluntary assistance of private industry and civic groups in volunteer cleanup efforts to the maximum practicable extent.5.2.g. Coordination with the state Division of Highways and other local, state, and federal agencies in the control and removal of litter and the cleanup of open and unpermitted dumps.
5.2.h. Establishment of a program to encourage and utilize for the purposes of litter pickup those individuals incarcerated in the county or regional jail and those adults and juveniles sentenced to probation.5.2.i. Provisions for the coordination of the plan with the related solid waste collection and disposal services of municipalities and, if applicable, other counties. Copies of any intergovernmental agreements shall be included in the plan.5.2.j. A program to identify the anticipated quantities of solid wastes which are disposed of, but are not generated by, sources situated within the boundaries of the county or the region established pursuant to W. Va. Code '22C-4-8. Information on the source of wastes may be available from the DEP and landfills within the county or region for which the plan is being developed.5.2.k. Provision for the safe and sanitary disposal of all refuse from commercial and industrial sources within the county or region, as the case may be, including refuse from commercial and industrial sources, but excluding refuse from sources owned or operated by the state or federal government. 5.2.k.1. The purpose of this requirement is to ensure that the comprehensive plan addresses not only solid waste from county residents, but also solid waste generated by commercial and industrial sources within the county or region, and further to ensure that all such solid waste is disposed of in a manner which protects the public health and welfare.5.2.k.2. In order to carry out these purposes, the authority shall inventory all major industrial and commercial sources of solid waste within its boundaries and determine the nature and quantity, and ultimate disposal location of solid wastes which are disposed of at a location outside the property boundary of the particular source. Such information and data shall be included in the plan. For the purposes of this paragraph, the word "major" shall mean any industrial or commercial facility which generates more than five (5) tons of solid waste per month.5.2.k.3. The authority shall evaluate the information and data it collects pursuant to paragraph 5.2.k.2 of this rule for the following purposes:5.2.k.3.A. To determine what impact such solid wastes have and are expected to have on the overall solid waste collection, transportation, processing, recycling, and disposal system of the county or region.5.2.k.3.B. To ensure that such wastes are disposed of in an approved solid waste facility or in an otherwise lawful manner.5.2.k.4. The authority shall include its evaluation of this information and conclusions reached in the comprehensive plan.5.2.l. The authority shall provide a summary of all written and oral public comments received at the public hearings required under section 7 of this rule, including a statement of how the authority responded to the comments. Public hearings for the comprehensive plan update may be held at the same time as siting plan update hearings, as long as both plans are advertised and addressed equally.5.3. Comprehensive Recycling Plan. -- The comprehensive recycling plan shall include, but not be limited to: 5.3.a. The evaluation, including specific reasons, of the feasibility of requiring or encouraging the separation of residential or commercial solid waste at its source prior to collection for the purpose of facilitating the efficient and effective recycling of such wastes and the reduction of those wastes which must be disposed of in landfills or by other nonrecycling means.5.3.b. Designation of the recyclable materials that can be most effectively source-separated in the region or county, which shall include at least three (3) recyclable materials. Before designation of the materials, the following should be examined:5.3.b.1. Characterization of the waste stream to determine the quantity of materials potentially available for recycling. Geographic location and seasonal fluctuations should be taken into account in identifying sources of waste.5.3.b.2. Description of the existing and anticipated markets for resource recovery, materials recovery, recycling, and composting facilities within the area. Intermediate and final markets should be identified. Markets will dictate the types, quantity, and quality of materials collected. Market conditions will dictate the type of processing necessary.5.3.c. Designation of potential strategies for the collection, marketing, and disposition of designated source-separated recyclable materials in each region or county, including consideration of utilizing existing private and public recycling facilities.5.3.c.1. Estimate the likely program recovery rate through an analysis of residential, commercial, and industrial recycling potential. All current recycling activities, including collection and processing, should be identified. Existing capacity of all municipal solid waste management facilities, public and private, should be examined.5.3.c.2. Estimate the likely program requirements for the collection, storage and retrieval, processing, and marketing of yard waste and tires.5.3.d. A copy of any ordinance adopting a county recycling program pursuant to W. Va. Code '20-11-5, if applicable. Minutes from the authority board meeting at which the ordinance is adopted should also be included.5.3.e. A public education program, to include:5.3.e.1. Definition of the goals and objectives of the recycling educational efforts.5.3.e.2. Identification of target audiences and the development of appropriate messages and formats. This should include the selection of an appropriate medium for conveying recycling messages and development of educational materials. Use of materials that are readily available is encouraged.5.3.e.3. Identification of methods to disseminate information and the development of an effective media relations strategy. Community organizations that can assist in the implementation of a public information program should be utilized.5.3.e.4. Innovative incentives to promote recycling efforts, e.g., a competition between schools for tonnage recycled, a poster or essay contest in schools, or developing a new recycling market such as using car tires in playground construction.5.3.e.5. Plans for evaluation of recycling education effectiveness on recycling rate, program expansions, and other changes that measure progress.5.4. Establishment of an appropriate mandatory garbage disposal program. The program shall include: 5.4.a. Methods whereby residents must prove either (1) payment of garbage collection fee, or (2) proper disposal at an approved solid waste facility or in an otherwise lawful manner. The authority shall include a copy of its rules implementing this provision as required under W. Va. Code ' 22C-4-23(3). In establishing the methods for providing proper proof, the authority shall comply with the DEP, 33CSR7 rules - "Proof of Proper Solid Waste Disposal."5.4.b. Provisions for how the authority will assist local law enforcement officials in the enforcement of the mandatory garbage disposal program.