BERKELEY
COUNTY COMPREHENSIVE RECYCLING PLAN
This operational agreement shall be known and cited as the
“Berkeley County Comprehensive Recycling Plan.”
Purpose:
This Plan is enacted for the purpose of establishing and
expanding a comprehensive recycling program as authorized by Chapter §22,
Article 15A Section 17 of the Code of West Virginia, as amended, to
encourage source separation of solid waste, to educate the public on the
benefits of recycling, to reduce the need to utilize landfills for the
county's waste stream, and to develop the recycling infrastructure
within the county.
Section One:
It is the intent of the Berkeley County Commission that there be
no mandatory recycling plan established in the county in the absence of
voter petition and election as defined in West Virginia Code §22-15A-18(c)(3)(e);
therefore, participation in this plan shall be voluntary.
Section Two:
The Berkeley County Solid Waste Authority may hire a recycling
coordinator whose responsibility will be to manage the county
comprehensive recycling program established under this Plan.
The recycling coordinator shall report and be responsible to the
Board of Directors of the Berkeley County Solid Waste Authority.
Section Three:
The Berkley County Solid Waste Authority is hereby delegated the
authority to implement the comprehensive recycling plan and to contract
with such entities as it deems necessary to carry out the purposes of
this Plan.
Section Four:
The Berkeley County Solid Waste Authority shall establish and
implement a county recycling program. From time to time, the Berkeley
County Solid Waste Authority shall report to the Berkeley County
Commission on the effectiveness, including tonnages collected and
participation levels of the recycling program and shall make
recommendations to the Berkeley County Commission regarding any proposed
amendment of this Plan to meet the recycling goals established by the
West Virginia Legislature.
Section Five:
The Commission shall consider the report and recommendations of
the Berkeley County Solid Waste Authority and shall take such further
action as it deems necessary to meet the recycling goals established by
the West Virginia Legislature as defined in Chapter §22, Article 15A,
Section 16 of the Code of West Virginia, as amended.
Section Six:
In the establishment and implementation of the county recycling
plan, the Berkeley County Solid Waste Authority shall provide for the
collection of the following recyclables:
1.
Aluminum cans;
2.
Steel and bi-metal cans;
3.
Newspapers;
4.
Cardboard;
5.
Clear glass;
6.
Brown glass;
7.
Green glass;
8. Magazines;
9. Brush;
10. Yard Waste;
11. Wood products;
12. Ferrous and
non-ferrous metals;
13. Plastic
bottles #1 and #2; and
14. Mixed
office paper
Additional recyclable materials may be collected or substituted
from time-to-time as determined by the Berkeley County Solid Waste
Authority. In addition, the Berkeley County Solid Waste Authority may
conduct special events from time to time as deemed prudent by the
Authority. These events may include, but not be limited too, the
recycling of units containing freon, electronics and household hazardous
waste items.
Section Seven:
The Berkeley County Solid Waste Authority shall provide for at
least four drop-off locations, one in the Hedgesville area; one in the
Martinsburg area; one in the Marlowe/Falling Waters area; and one in the
Inwood area. The Berkeley County Solid Waste Authority may establish
such other drop-off locations, as it deems necessary. The Berkeley
County Solid Waste Authority shall provide for the methods of collection
at the drop-off location that will allow all recyclable materials to be
separated into separate identifiable recyclable materials and shall only
collect the aforementioned recyclable materials which can be reasonably
accommodated at any given drop off location. Each person depositing
recyclable materials at such drop-off location shall deposit such
recyclable materials in the appropriate depository for such recyclable
materials.
The Berkeley County Solid Waste Authority shall evaluate and
report to the Commission the likely costs, benefits and effectiveness of
the implementation of a commercial transfer station and/or a commercial
recycling recovery facility as a component of the Berkeley County
Recycling Program. The goal of these facilities is to expand the
development of the solid waste infrastructure to include the capability
of handling larger tonnages of solid waste and recyclables from the
business community and the processing of recyclable materials in an
effort to gain the benefits associated with the economics of scale.
The day to day funding of the Berkeley County Recycling Program
shall be a cooperative between the Berkeley County Solid Waste Authority
and the Berkeley County Commission and shall be determined by each party
on an annual basis. In addition, the Berkeley County Solid Waste
Authority shall apply for all local, state, private and Federal grants
to aid in the implementation of the Plan.
Section Eight:
The Berkeley County Solid Waste Authority shall provide for
public awareness instruction to inform the public about the importance
and benefits of recycling and the proper methods for the public to
dispose of recycling materials. The program shall provide notice to all
persons occupying residential, commercial, institutional or other
premises within the County, of the operation, location, and persons
responsible for the management of the county recycling plan.
Section Nine:
The Berkeley County Solid Waste Authority may take such other
actions as it deems necessary to carry out the purpose of the Plan and
to meet the goals established by the West Virginia Legislature.
Section Ten:
The Plan shall become effective November ________, 2006.
Section Eleven:
This Plan may, from time to time, be amended by the majority of
the members of the Berkeley County Commission as they deem it necessary
only after consultation with the Berkeley County Solid Waste Authority
and shall continue in effect until amended or repealed by the Berkeley
County Commission.
Section Twelve:
If a court of competent jurisdiction declares any provision of
this Plan to be invalid or ineffective, in whole or in part, the effect
of such decision shall be limited to those provisions which are
expressly stated in the decision to be invalid or ineffective, and all
other provisions of this Plan shall continue to be separate and fully
effective.
Section Thirteen:
The Berkeley County Solid Waste Authority shall include a signed
and approved copy of this plan in the "Berkeley County
Comprehensive Litter and Solid Waste Control Plan" as the Berkeley
County Recycling Plan at the next routine updating of the Comprehensive
Litter and Solid Waste Control Plan.
On behalf of the Berkeley
County Commission:
__________________________________
Howard Strauss
President, Berkeley County Commissioner
__________________________________
Steven Teufel
Berkeley County Commissioner
__________________________________
Ronald Collins
Berkeley County Commissioner
On behalf of the Berkeley
County Solid Waste Authority:
__________________________________
Clint Hogbin
Chairman, Berkeley County Solid Waste Authority
__________________________________
Edgar Mason
Vice Chairman, Berkeley County Solid Waste Authority
__________________________________
Gerry Fitzgerald
Secretary, Berkeley County Solid Waste Authority
__________________________________
Lynne Lashley
Member, Berkeley County Solid Waste Authority
