A notification from the West Virginia Department of Environmental Protection Agency states that as a result of the 2017 Legislative session and the passing of House Bill 2303, WV Codes 2215A2 and 4 have changed effective July 7.
The changes to the state code can be summarized as follows:
Less than 100 pounds of litter:
- Increases maximum fine from $1,000 to $2,500 for littering on land
- Increases maximum fine to $3,000 for littering in waterways
- Increase hours of community service from 16 hours to 120 hours
100 to 500 pounds of litter: - Increases fines from $1,000$2,000 to $2,500$5,000 for littering on land
- Increases fines to $3,000$5,000 for littering in waterways
- Increases hours of community service from 32 hours to 220 hours
More than 500 pounds of litter:
- Increases minimum fine to $3,000 for littering in waterways
- Regardless of amount, increases penalty from $200$1,000 to $2,000
- Completion of litter cleanup must be verified by DEP Environmental Inspectors
Actions brought under the provisions of this section may not be dismissed by magistrates of municipal judges without notification to the prosecuting attorney of that county of their intention to do so and affording the prosecuting attorney an opportunity to be heard
Civil penalties received must be split equally between the WV State Treasurer’s Litter Control Fund and the county’s Solid Waste Authority
