Senate Bill No. 562
(By Senators Kessler, Bailey, Chafin, Edgell, Fanning,
Hunter, Minard, Prezioso, Weeks, McCabe, Love and Sharpe)
[Introduced March 16, 2005; referred to the Committee
on the Judiciary; and then to the Committee on Finance.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §22-15-23, relating
to creating a new classification of landfill to be known as
"B-plus landfill"; conditions upon which a solid waste
facility may apply to become a B-plus landfill; and requiring
action of the Public Service Commission and Department of
Environmental Protection regarding permitting and
certification of B-plus landfill.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §22-15-23, to read as
ARTICLE 15.SOLID WASTE MANAGEMENT ACT.
§22-15-23. Class B-plus landfills.
Notwithstanding any provisions of this article or any provision of Article 4, Chapter 22C, or any other provision of the
Code of West Virginia or any rules or regulations that have
promulgated pursuant thereto, any owner or operator of a Class B
facility shall be permitted to receive an aggregate of up to 15,000
tons of solid waste per month by demonstrating that no Class A
facility or multiple Class B facilities are located in the same
solid waste disposal shed as defined in Chapter 22C-3-3. Such
demonstration shall be made pursuant to an application to amend the
facility's solid waste permit to the Department of Environmental
Protection and an application for a Certificate of Need to the
Public Services Commission. The Department of Environmental
Protection shall, upon the applicant's making such demonstration,
amend the permit to increase the permitted receipt of tonnage to an
aggregate of 15,000 tons of solid waste per month. The Public
Service Commission shall, upon the applicant's making such
demonstration, issue a Certificate of Need to the facility to allow
receipt of an aggregate of 15,000 tons of solid waste per month. No
other applications, demonstrations or approvals shall be required
in order for such Class B Facility to be permitted to accept an
aggregate of up to 15,000 tons of solid waste per month.
The purpose of this bill is to create a new
classification of landfill to be known as B-Plus that may only be
applied for if there is no Class A landfill in the same waste shed.
This section is new; therefore, strike-throughs and
underscoring have been omitted.