May 06, 1998: The Garbage Wars Continue.
A lawsuit filed in the state Supreme Court asks the Justices to order the Division of Environmental Protection (DEP) to enforce provisions of the new solid waste law that was passed this past legislative session. The suit was filed Monday, May 4, by 86 residents of Berkeley and McDowell counties, along with solid waste authorities in Berkeley and Wetzel counties. Named in the suit are DEP Director Michael Miano, the McDowell County Solid Waste Authority, LCS landfill in Berkeley County, Northfork landfill in Ohio County, and the Mascaro owned Wetzel County landfill.
The residents and solid waste authorities claim DEP is not enforcing state laws by allowing Northfork and Wetzel County landfills to accept more trash than allowed each month.
The suit also is challenging the DEP's decision to permit the Capels landfill in McDowell County. The permit was issued to the county solid waste authority and authorizes disposal of up to 50,000 tons of trash per month. However, the solid waste authority never met the four requirements that enable the operation of a 50,000 ton per month landfill, and Capels never transferred the Certificate of Need to the authority. In addition, the suit challenges the constitutionality of the special provision for a 50,000 ton per month landfill, claiming that it deprives the citizens of their right to equal protection under the State Constitution.
The agreement between LCS and DEP to remove a 500 ton per day limit that has been in the LCS permit for years is also being challenged.
The petitioners claim that DEP has been condoning and encouraging facilities to break the law. The DEP has allowed the Wetzel County landfill to landfill sludge in excess of 25% of the daily waste accepted--a provision that has been in the regulations for years, and was never challenged or struck down in the Stamp case. The DEP has also been inserting an "addendum" in new permits and permit renewals that declares twelve provisions of the solid waste laws, including the tonnage caps, to be unenforceable.
The petitioners are asking for an immediate stay enforcing the tonnage caps, certificates of need, local siting approvals, and citizens' referenda; and writs issued compelling the enforcement of tonnage caps, and vacating the Capels permit.
The court is expected to consider the issue as early as Thursday, May 7.
The attorneys for the case, Larry Harless and Bob Bastress, are looking for groups concerned about the environment to sign on as "friends of the court" and file an Amicus brief in support of the petitioners. Groups with a statewide focus are especially sought--Council of Churches, League of Women Voters, Highlands Conservancy [WVHC has signed on. Ed.], Sierra Club, OVEC all would be excellent, but county or multicounty groups are desired also.
May 7, 1998: Continuing on Garbage Case.
The Supreme Court order from today's action isn't written yet, but it is my understanding that the Court granted a rule to show cause, which means DEP has to show why the Court shouldn't give us everything we asked for; sent the case to circuit court for further development (after which it is returned to the Supreme Court); and granted a stay until the case is decided. In short, we're doin' good so far!
May 27, 1998: Interims (Interim Legislative Committees)
The 1998 interims started on May 17-19. The subcommittee assignments and topics were not ready in time to be announced ahead of time; the primaries were blamed for the delay.
The Joint Committee on the Judiciary did have their assignments prepared in time to present at its Sunday meeting, but no indication was given at that meeting that the subcommittees would be meeting. Consequently, I missed the subcommittee A meeting on Monday. Apparently it was not called to meet until Monday morning (so much for open governmental proceedings). I was not the only one who was miffed about this--several committee members were not able to come on such short (non) notice. Although the subcommittee is to take up solid waste, tire disposal, electric deregulation, and administrative rules, this first meeting was apparently dominated by Senator Walt Helmick (who is not even on the committee) blaming the Solid Waste Management Board (SWMB) for the failure of his tire-burner bill last session. Since the SWMB had virtually nothing to do with his tire-burner bill, the speculation was that the Senator just needed to vent, and directing his anger at the SWMB. This just gives him a target and helps in the ongoing efforts by some to discredit, dismantle, and otherwise weaken the SWMB.
Government Organization is supposed to be taking up blasting and quarrying, but as of Tuesday, May 26 the subcommittee assignments had still not been made. There is some question as to whether quarrying will actually be taken up.
[Bold added by Editor] This year's interims will be addressing many things that the environmental community should be watching. Solid waste, tire disposal, blasting, quarrying, the solid waste regulations, sewage sludge regulations, odor control regulations, and regulations implementing the commercial infectious medical waste facility referendum and the court ordered public participation in noncommercial infectious medical waste facility siting are the topics that I will be following. There are also the water quality standards, electric utility deregulation, property taxes, the judicial re-structuring, and probably other things that I'm either overlooking or haven't been assigned yet.
The legislature has a web-site that is not always up-to-date, but is worth checking: http://www.legis.state.wv.us/
Subcommittee A
TOPICS:
Solid Waste, Tire Disposal, Monitor Electric Deregulation, Administrative Rules (access,
procedures, etc.)
HOUSE
Linch (Chair), Buchanan, Coleman, Hunt, Mahan, Tomblin, Faircloth, Smirl, Staton (ex officio)
SENATE
Snyder (Chair), Bowman, Dittmar, Hunter, Ross, White, Buckalew, Kimble, Wooton (ex officio)
ATTORNEYS: Altizer, Pauley
The next interims will be held from June 14-16.