Legislative Bulletin February 14, 2023 – Action Alert
Tuesday, February 14, 2023 - 05:38pm
Oppose bill that would eliminate local authority to regulate solid waste materials recovery facilities – call before 7:00 AM tomorrow (Feb. 15)
SB1365 will be heard by the Natural Resources subcommittee of House Agriculture, Chesapeake and Natural Resources Wednesday, Feb. 15 at 7:00 AM
SB1365 (Lewis) would eliminate local authority to regulate waste residue generated from a “materials recovery facility” (MRF) by way of a new definition set out in the bill. This legislation is an attempt to achieve through the General Assembly what a private company was unable to achieve through the courts.
Background
The bill was reported from the Senate by a vote of 30-7 and will be heard by the House Natural Resources Subcommittee of the House Agriculture, Chesapeake and Natural Resources Committee February 15 at 7:00 AM.
Localities have the authority under Virginia Code Sections §15.2-931 and §15.2-933 to enact “flow control” ordinances which allow localities to direct the delivery of garbage, trash, and refuse to specific facilities. While these ordinances cannot apply to recyclable materials, they can apply to the waste generated by recyclable materials. This bill would eliminate local ordinance authority for the “flow control” of materials recovery facilities.
Materials Recovery Facilities or (MRFs) are facilities that separate recyclable materials such as metals or other recyclable products from solid waste. The Virginia Department of Environmental Quality (DEQ) only has operational requirements but not thresholds for materials.
Key points
- Codifies a new definition of “materials recovery facilities” that conflicts with local ordinances.
- Exempts the newly defined “materials recovery facilities” from existing local ordinance authority under §15.2-931 and §15.2-933.
- The Supreme Court of Virginia has upheld localities’ authority to regulate materials recovery facilities.
- Opens the door to allowing solid waste to be processed so long as any amount of that waste is “collected, processed, or recovered.”
- Allows these facilities to engage in the “production of a fuel from solid waste” and prevents localities from regulating fuel production so long as the facilities are permitted to operate by DEQ.
- Localities deserve an opportunity to decide how solid waste is directed and processed within their community.
Action requested
Please contact members of the Natural Resources subcommittee of the House Agriculture, Chesapeake and Natural Resources committee to oppose SB1365.
| Edmunds (Chair) | DelJEdmunds@house.virginia.gov | (804) 698-1060 |
| Wright | DelTWright@house.virginia.gov | (804) 698-1061 |
| Marshall | DelDMarshall@house.virginia.gov | (804) 698-1014 |
| Fowler | DelBFowler@house.virginia.gov | (804) 698-1055 |
| Plum | DelKPlum@house.virginia.gov | (804) 698-1036 |
| Tran | DelKTran@house.virginia.gov | (804) 698-1042 |
| Ware | DelLWare@house.virginia.gov | (804) 698-1065 |
VML Contact: Mitchell Smiley, msmiley@vml.org
