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West Virginia Statewide Rule

West Virginia Statewide Recycling Goals and Program Framework

Some RestrictionsApplies statewide across West Virginia (2026)

Key Facts

Statute
W. Va. Code 22-15A-18
Mandatory Threshold
10,000 population cities
Materials Required
At least three
Funding Mechanism
Tipping fee assessment
Last verified: August 20, 2026Source: West Virginia Legislature

Summary

West Virginia Code Chapter 22 Article 15A Section 18 establishes statewide recycling goals and authorizes the Recycling Assistance Program, with mandatory municipal recycling for cities over ten thousand population applied uniformly under state law.

§22-15A-18. Establishment of county recycling programs for solid waste; petition for referendum; ballot contents; election procedure; effect of such election. (a) On or before October 18, 1992, each municipality described in subsection (b) of this section shall submit a proposal to the Solid Waste Management Board, consistent with the provisions of this section, describing the establishment and implementation of the mandatory recycling program. The Solid Waste Management Board shall review the submitted plans for consistency with the criteria provided in this section, the county or regional solid waste management plan, and the statewide management plan. The Solid Waste Management Board may make suggested changes to the plan and shall provide technical assistance to the municipalities in the development of the plans. (b) On or before October 18, 1993, each municipality with a population of 10,000 or more people, as determined by the most recent decennial census by the Bureau of the Census of the United States Department of Commerce, shall establish and commence implementation of a source separation and curbside collection program for recyclable materials. Implementation shall be phased in by July 1, 1995. Such program shall include, at a minimum, the following:

Source: West Virginia LegislatureView official code

Full Breakdown

West Virginia Code Section 22-15A-18 establishes a statewide recycling program administered by the Department of Environmental Protection. Municipalities with populations of ten thousand or more must establish source-separation recycling programs collecting at least three materials. The state imposes a recycling assessment fee on solid waste tipping under Code Section 22-15A-9 to fund grants. The Solid Waste Management Board reviews county and regional recycling plans. Mandatory program rules apply uniformly to qualifying jurisdictions regardless of local choice.

Violations & Penalties

Municipal noncompliance may result in loss of state recycling grant eligibility and Solid Waste Management Board enforcement actions; illegal disposal of recyclables is subject to littering penalties.

Frequently Asked Questions

Which West Virginia cities must offer recycling?
All municipalities with populations of ten thousand or more under W. Va. Code 22-15A-18 must establish source-separation recycling programs collecting at least three designated recyclable materials.
Is curbside recycling mandatory for residents?
State law mandates municipal program availability but does not require individual household participation. Residents in qualifying cities have access to programs but may not face penalties for non-participation.

Sources

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