State Specific Policy Resources: West Virginia

Electronics Recycling

• Electronics Recycling Law - W. Va. Code Ch. 22, Article 15A. The A. James Manchin Rehabilitation Environmental Action Plan; § 22-15A-1 to § 22-15A-29
• WV Dept. of Environmental Protection - CED Manufacturer Registration and Takeback Program
• WV Solid Waste Management - Electronic Recycling in West Virginia

Materials Theft

• State Metal Scrap Law:
• W. Va. Code Ch. 61, Article 3. Crimes Against Property
• § 61-3-49. Purchase of scrap metal by scrap metal purchasing businesses, salvage yards or recycling facilities; certificates, records and reports of such purchases; criminal penalties. (as amended by 2021 WV SB 626, effective 07/07/21)
• § 61-3-49b. Disruption of communications and utilities services.
• § 61-3-49c. Possession of a catalytic converter without documentation of ownership or authority to possess; advertising the sale or purchase of a catalytic converter. (as created by 2021 WV SB 626, effective 07/07/21)
• W. Va. Code Ch. 11, Article 12, § 11-12-5a. Prohibition on certificate being obtained by person connected to illegal activities involving scrap metal.
• W. Va. Code Ch. 31, Article 2; § 31-2-17. Selling railroad scrap metal.
• ISRI Summary of West Virginia Metal Scrap Statute (July 30, 2021)

Scrap Yard / Junk Yard Zoning

• W. Va. Code Ch. 17, Article 23. Salvage Yards; § 17-23-1 to § 17-23-13

State Superfund (no SREA equivalent)

• W. Va. Code Ch. 22, Art. 11, § 22-11-29. Reimbursement of response costs.
• W. Va. Code Ch. 22, Art. 19. Hazardous Waste Emergency Response Fund; § 22-19-1 to § 22-19-6

Stormwater Permitting

• West Virginia DEP - Multi-Sector Stormwater General Permit Information
• Permit Number WV0111457 - Stormwater Associated with Industrial Activity
  Issued: 09/12/19; Effective: 10/12/19; Expires: 09/12/24
• MSGP Fact Sheet
• Stormwater Annual Certification

Tire / Rubber

• ISRI note: W. Va. Code Ch. 22, Art. 15A. and Art 15, § 22-15-21. contain the primary tire recycling sections among those listed below.
• W. Va. Code Ch. 5B, Art. 2A, § 5B-2A-3. Definitions. (ISRI note: Economic Development Act - Coalfield community development; "renewable and alternative energy" includes tire-derived fuel)
• W. Va. Code Ch. 17, Art. 23. Salvage Yards.
• § 17-23-2. Definitions. (ISRI note: includes waste tire definitions)
• § 17-23-3. License required; issuance; fee; renewal; disposition of fees. (restrictions for salvage yards with more than 100 unmounted waste tires)
• W. Va. Code Ch. 17A. Motor Vehicle Administration, Registration, Certificate of Title, and Antitheft Provisions.
• Art. 1, § 17A-1-1. Definitions. (ISRI note: includes tire definitions)
• Art. 4A, § 17A-4A-13. Article not to apply to vehicle accessories. (ISRI note: article deals with liens and encumbrances on title, does not apply to liens created on tires)
• Art. 8. Special Antitheft Laws.
• § 17A-8-7. Motor vehicle or special mobile equipment without manufacturer's serial number, motor or engine number or other distinguishing number or identification mark; offenses. (ISRI note: includes special mobile equipment tires from which an identifying mark has been altered or destroyed)
• § 17A-8-8. Altering or changing a manufacturer's serial number, motor or engine number or other distinguishing number or identification mark; offenses. (ISRI note: includes special mobile equipment tires from which an identifying mark has been altered or destroyed)
• Art. 10, § 17A-10-16. Fee for the A. James Manchin Fund. (ISRI note: $5 tire remediation fee on each certificate of title issued)
• W. Va. Code Ch. 17C. Traffic Regulations and Laws of the Road.
• Art. 1. Words and Phrases Defined. (ISRI note: includes tire definitions)
• Art. 15, § 17C-15-37. Tire equipment restrictions; rules and regulations as to certain tires.
• W. Va. Code Ch. 22. Environmental Resources.
• Art. 15. Solid Waste Management Act.
• § 22-15-15. Orders, inspections and enforcement; civil and criminal penalties. (ISRI note: includes penalties for accumulating or disposing of one thousand or more tires)
• § 22-15-19. Municipal and commercial solid waste incineration and backhauling prohibited; exceptions. (ISRI note: includes requirements for pilot projects which may include tire or tire material incineration)
• § 22-15-21. Waste tire management.
• Art. 15A. The A. James Manchin Rehabilitation Environmental Action Plan.
• § 22-15A-1. Legislative findings and purpose. (ISRI note: direct reference to waste tires and waste tire piles)
• § 22-15A-2. Definitions.
• § 22-15A-5. Litter pickup and removal; education; government recycling responsibilities; monitoring and evaluation; study commission; repeal; report to Legislature. (ISRI note: permits state agencies and regional planning councils to establish and implement programs for recyclable materials, including rubber).
• § 22-15A-7. Pollution prevention and open dumps.
• § 22-15A-8. Waste tires prohibited in certain places; penalty.
• § 22-15A-9. Creation of the A. James Manchin Fund; proceeds from sale of waste tires; fee on issuance of certificate of title.
• § 22-15A-10. Department to administer funds for waste tire remediation; rules authorized; duties of Secretary.
• § 22-15A-11. Disposal of waste tires.
• § 22-15A-12. Remediation; liability for remediation and court costs.
• § 22-15A-13. Injunctive relief; additional remedy.
• § 22-15A-14. Authority of Commissioner of Bureau for Public Health. (ISRI note: permits enforcement of public health laws regarding waste tire piles)
• § 22-15A-22. Prohibition on the disposal of certain items; plans for the proper handling of said items required. (ISRI note: includes tire disposal restrictions)
• W. Va. Code Ch. 22C, Art. 3, § 22C-3-24. Cooperation of board and enforcement agencies in collecting and disposing of abandoned household appliances and motor vehicles, etc. (ISRI note: Solid Waste Management Board; statute includes tires but references § 15A-24., which no longer exists)
• W. Va. Code Ch. 24, Art. 2, § 24-2-1b. Additional jurisdiction of commission. (ISRI note: Public Services Commission; includes establishment of rules for collection of waste tires by private commercial carriers of solid waste)
• W. Va. Code Ch. 25, Art. 7, § 25-7-12. Sale of inmate-made goods on open market prohibited; penalty; exceptions. (ISRI note: allows sale of products made by inmates from waste tires)
• W. Va. Code Ch. 29, Art. 3A, § 29-3A-1. Authority of fire officers in charge of fire, service call or other emergency; definition. (ISRI note: includes inspection for preplanning of places where any combustible material, including rubber, has accumulated or is liable to be accumulated)
• W. Va. Code Ch. 64, Art. 11, § 64-11-5. Division of environmental protection, office of waste management. (ISRI note: includes reference to waste tire management rule, 47 CSR 38G)

Vehicle Detitling / Dismantling

• W. Va. Code Ch. 17, Article 24A. Disposal of Abandoned Motor Vehicles, Junked Motor Vehicles, and Abandoned or Inoperative Household Appliances; § 17-24A-1 to § 17-24A-7
• W. Va. Code Chapter 17A. Motor Vehicle Administration, Registration, Certificate of Title, and Antitheft Provisions.
• Article 4. Transfers of Title Or Interest.
• § 17A-4-2. Endorsement of certificate of title upon transfer by owner. (ISRI Note: exempts vehicles sold as scrap or dismantled)
• § 17A-4-10. Salvage certificates for certain wrecked or damaged vehicles; fee; penalty.
• Article 6. Licensing of Dealers and Wreckers or Dismantlers; Special Plates; Temporary Plates or Markers; § 17A-6-1 to § 17A-6-26
• Article 7, § 17A-7-1. Operation of vehicles by financial institution or wrecker under special stickers; application and fees; expiration.
• Article 9, § 17A-9-5. Authority of division to suspend or revoke registration, certificate, etc. (ISRI Note: when registered vehicle has been dismantled or wrecked)