Green Issues

Yard Waste Composting Issue

Problem:

Yard waste (grass clippings, leaves, tree branches etc.) continues to be dumped in landfills taking up costly landfill space.

This common practice is in violation of WV Code 20-11-8 intended to ban yard waste in landfills in favor of composting and recycling it into usable fertilizer and mulch products.

However, a loophole in the enacting rule (33CSR3) allows for the director of DEP to grant exemptions "..when none of the foregoing options are practical."

Former DEP Directors have used this provision in the rule very liberally to exempt basically any municipality that didn't want to compost yard waste. Thus defeating the intent of the law.

Problem made worse:

During the last interim session the Joint Rule Making Review Committee changed the wording in rule 33CSR3 from "practical" to "available" ­ effectively gutting the whole intent of this section of the law.

Solution:

Amend the rules bills dealing with 33CSR3 (SB332 & HB2670) replacing the inferior wording of "available" back to the original "PRACTICAL."

For more information contact:

Norm Steenstra WV-Citizen Action 346-5891

Gary Zuckett WV Environmental Council 542-8080 (cell)

Fact Sheet on S.B. 12 relating to Yard Waste

By Tom Degen

Senate Bill 12 would exclude "yard waste" from the definition of solid waste. The note at the bottom of the bill says that the purpose of the bill is to allow residents to pile up yard waste on their own property. The intent of the bill is worthy, but it has already been accomplished, since West Virginia's Yard Waste Composting Regulations already exempt residential composting activities from permitting requirements and give flexibility to haulers concerning landfill disposal of yard waste.

However, excluding yard waste from the definition of solid waste would go beyond the intent of the bill and remove anyone and everyone from regulation.

Odor, traffic, leachate runoff, and vectors are a major concern in the case of commercial composting facilities, and the larger the facility, the larger the concern. The sewage sludge composting operation at the Brooke County Landfill was shut down by court order due to complaints from approximately 2,400 citizens about foul odors. This underscores the need for regulation of commercial composting facilities.

Not everyone in the solid waste business is reputable, there are numerous cases of hazardous materials being mixed with materials to be composted as a way to circumvent expensive, responsible disposal of those hazardous materials. Regulation of commercial composting facilities is necessary to ensure a safe, marketable product.

If the composting process is not done properly, the product can be phytotoxic, that is, poisonous to plants.

Because the purpose of the bill has already been accomplished, and the bill inadvertently goes beyond the scope of the intent, it should not be taken up.

For more information contact Gary Zuckett, WV Environmental Council 346-5891 or 542-8080