West Virginia Code §22-15 and 45CSR6 set statewide composting and open burning standards. Residential backyard composting is exempt from solid waste permits, but open burning is regulated and largely prohibited.
Under WV Code §22-15 (Solid Waste Management Act) and DEP rule 33CSR3, residential composting of yard waste and food scraps is exempt from commercial solid waste facility permitting. Non-residential composting must follow location and operational standards. Open burning is governed statewide by 45CSR6, which generally prohibits open burning except for specific exceptions: vegetation grown on the premises, campfires, outdoor barbecues, and DAQ-approved land-clearing debris. Burning household garbage is illegal statewide. Violations may incur civil penalties up to $10,000 per day. Local fire restrictions and the WV Division of Forestry March-May and October-December burn ban hours apply additionally.
Open burning violations: civil penalty up to $10,000 per day under 45CSR6; forestry burn law violations: misdemeanor with fines plus suppression costs.
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See how Charleston's composting rules stack up against other locations.
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