Prohibited

 

Under the updated county disposal regulations, burying construction and demolition (C&D) waste on private property is strictly prohibited unless the property owner has obtained a formal Class D landfill permit from the West Virginia Department of Environmental Protection (DEP).

If C&D waste is buried on-site without this permit, the violator is subject to the following penalties and liabilities:

• Daily Civil Fines: State law authorizes civil penalties of $150 per day for illegal disposal. Under the statute, each day the violation continues constitutes a separate offense, allowing penalties to accumulate daily until the site is remediated.
• Full Cost Recovery: The Solid Waste Authority (SWA) is authorized to pursue full reimbursement from the violator for all expenses resulting from the illegal burial. This includes:
  • Investigation and administrative costs.
  • Cleanup, excavation, and site remediation expenses.
  • Tipping and haulage fees required to properly dispose of the excavated debris at an authorized facility.
• Legal & Law Enforcement Action: Enforcement procedures include administrative compliance orders, court injunctions to halt illegal dumping/burial, and potential referral to DNR conservation officers or law enforcement agencies.