Bill 398: Landfill Ban on Electronics
Senate Bill 398 was signed into law
during the 2009 - 2010 legislative session. The purpose of
the bill was to facilitate the proper handling of
end-of-life electronics in an environmentally acceptable
manner. The West Virginia Code was amended as follows.
Click Here for a full text version of Senate Bill
The ban on landfilling electronics will
become effective January 1, 2011. In order to make the
transition as smooth as possible it is recommended that
municipal solid waste landfill and transfer station
operators install appropriate sinage at their facilities in
a location clearly visible to anyone entering the
facility. Click on either of the following links to view a
suggested format for landfill and transfer station sinage.
Electronics Ban Notification
Black and White Electronics Ban Notification
How Will My Group Be Affected?
any manufacture that markets it's "covered electronic
devices" in West Virginia must register with the WV
Department of Environmental Protection (WV DEP) and pay an
initial registration fee and an annual registration fee
thereafter. Manufacturers with an approved recycling program,
readily available to the people of West Virginia, pay lower
initial and annual registration fees than those that do not.
Manufactures must provide appropriate labeling for their
products. Manufactures that create their own recycling
program must provide a toll free phone number and a website
that provides information about their takeback or recycling
only sell "covered electronic devices" in West Virginia that
are manufactured by a company that is in compliance with
this program. Retailers can check the status of manufactures
by going to the DEP website which can be accessed by using
the "REAP CED Program" link on this page. Retailers are
required to report any manufacture to the WV DEP that is in
non compliance with the registration requirements of this
Recycling Processors and
Collectors: while recyclers and collectors of
recyclable materials have no requirements under this
legislation but they are strongly urged to consider
providing services in after-life-electronics recycling.
Local governments have the option of using the Covered
Electronic Devices grant program in starting up a new
program or in program continuation. Private sector
businesses may be able to obtain assistance from the REAP
Recycling Assistance grant program. You can find links and
contact information for both programs on this page. You can
find marketing assistance on this website.
local governments have no requirements under this
legislation. Many local government entities already provide
services in the areas of waste removal and recycling and
stepping into services in after-life-electronics recycling
is a logical option. Local governments have the option of
using the Covered Electronic Devices grant program in
starting up a new program or in program continuation. A link
and contact information for that program is provided on this
Waste haulers are currently required to pick up televisions
and computers under WV Code Rules 150CSR9.6.6 which is
commonly referred to as the Bulky Goods Rule. The Rule
states that haulers
"may propose a surcharge not to exceed one dollar ($1.00)
per subscribing residential customer per month" for this
will be notified by the WV DEP 60 days in advance of the
effective date of this legislation. While covered electronic
devices may not be deposited in landfills on or after
January 1, 2011, landfill operators may collect these items
for recycling. Suggestions for the proper collection,
handling and storage of electronic waste is posted on this
website as are listings of electronics recyclers capable of
making regular pickups at West Virginia landfills.
On December 22, 2011, the Secretary of the Department
of Environmental Protection, Randy Huffman, issued a
memorandum concerning the collection of "Covered Electronic
Devices," as defined by W. Va. Code 22-15A-2-(17) by the
states landfill operators and landfill owners.
Click on the following link for a complete copy of the
Memo re Collection of Covered Electronic Devices 12-22-2011.
While consumers have no requirements under this legislation,
they are urged to take advantage of local recyclers that are
interested in recycling electronic waste. Links can be found
on this page to your local recycling community including
Earth 911 and the West Virginia Recycling Directory. You may
find another alternative in the listing of Manufactures
E-Cycling websites listed at the top of the page.
For more information on how the landfill
ban on electronics may affect your group, use the links on
the tool bar on this page.