Mandatory Garbage Disposal

Each person occupying a residence or operating a business establishment shall either subscribe to and use a solid waste collection service and pay the fees established, or provide proper proof at least once within every 30 day period that said person properly disposes of solid waste at approved solid waste facilities or in any other lawful manner. Use of the “Free Dump Day” satisfies the mandatory garbage disposal requirement.

There is one primary mechanism for enforcing this program, by both the WVDEP and other law enforcement agencies. The enforcement tool is a civil penalty of $150. This provision states: “A civil penalty of one hundred fifty dollars may be assessed to the person not receiving solid waste collection services in addition to the unpaid fees for every year that a fee is not paid.” A person in this situation is also guilty of a misdemeanor and subject to a fine of not less than fifty dollars nor more than one thousand dollars or sentenced to perform not less than ten or more than forty hours of community service or both. A person that provides proof that they are properly disposing of solid waste at an approved solid waste facility or in any other lawful manner is not subject to civil penalty or misdemeanor charges.

It is not necessary to go to court to collect the penalty. It may simply be assessed to any person not receiving collection services or not providing proper proof that they are properly disposing of solid waste at an approved solid waste facility or in any other lawful manner. If a person does not receive collection services and fails or refuses to properly dispose of his waste, the civil penalty is available for enforcement.

The Hancock County Solid Waste Authority does not have the authority to enter private lands. This means that if the Authority finds it necessary to verify and/or enforce compliance with the mandatory garbage disposal law, the Authority will use the services of law enforcement agencies including local police departments, the Hancock County Sheriff, the WVDEP, the WVDNR, and the WV Department of Public Safety.