ENGROSSED

Senate Bill No. 289

(By Senators Brackenrich, Dalton, Chafin, Blatnik,

Humphreys, Walker, Craigo, Dittmar, Helmick,

Plymale, Manchin, Jones, Ross, Chernenko, Wiedebusch,

Burdette, Mr.President, Bailey, Tomblin, Wagner, Whitlow

Boley, Macnaughtan, Felton, Sharpe, Wehrle, Claypole and Yoder)

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[Introduced March 4, 1993; referred to the

Committee on Natural Resources.]

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A BILL to amend and reenact section eight, article five-f, chapter twenty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to an additional extension of the solid waste facility closure deadline.

Be it enacted by the Legislature of West Virginia:
That section eight, article five-f, chapter twenty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 5F. SOLID WASTE MANAGEMENT ACT.

§20-5F-8. Limited extension of solid waste facility closure deadline.

(a) The director of the division of environmental protection shall grant an extension of the closure deadline up to the thirty-first day of March, one thousand nine hundred ninety-three, to a solid waste facility required by solid waste management regulations to close by the thirtieth day of November, one thousand nine hundred ninety-one, unless the director determines by a preponderance of the evidence that such extension will pose a significant risk to human health or safety or cause irreparable harm to the environment.
(b) No later than the first day of November, one thousand nine hundred ninety-one, any facility seeking an extension of its closure deadline must submit to the division of natural resources an application sufficient to support the requirements of subsection (a) of this section.
(c) The director shall grant or deny the extension no later than the twenty-first day of November, one thousand nine hundred ninety-one. If the director denies an extension, the facility shall cease accepting solid waste on the thirtieth day of November, one thousand nine hundred ninety-one. No person seeking judicial review, pursuant to subsection (d) of this section, of the director's denial of an extension shall accept solid waste at the facility during the pendency of the judicial review process.
(d) Any party who is aggrieved by an order of the director regarding the grant or denial of an extension of the closure deadline for a solid waste facility pursuant to this section, mayobtain judicial review thereof in the same manner as provided in section four, article five, chapter twenty-nine-a of this code, which provisions shall apply to and govern such review with like effect as if the provisions of said section were set forth in extenso in this section, except that the petition shall be filed, within the time specified in said section, in the circuit court of Kanawha County: Provided, That the court shall not in any manner permit the continued acceptance of solid waste at the facility pending review of the decision of the director.
(e) The judgment of the circuit court shall be final unless reversed, vacated or modified on appeal to the supreme court of appeals, in accordance with the provisions of section one, article six, chapter twenty-nine-a of this code, except that notwithstanding the provisions of said section, the petition seeking such review must be filed with said supreme court of appeals within thirty days from the date of entry of the judgment of the circuit court.
(f) The director of the division of natural resources shall grant an extension of the closure deadline not to exceed the thirtieth day of September, one thousand nine hundred ninety- three, to a solid waste facility required by solid waste management regulations to close by the thirtieth day of November, one thousand nine hundred ninety-two.
(g) Notwithstanding any other provision of this section, the director of the division of environmental protection shall grant an additional extension of the commercial solid waste landfillclosure deadline to the thirtieth day of September, one thousand nine hundred ninety-four, to any solid waste facility owned and operated by any municipality, county commission or county or regional solid waste authority which is otherwise required to cease accepting solid waste for disposal on the thirty-first day of March, one thousand nine hundred ninety-three, or the thirtieth day of September, one thousand nine hundred ninety- three. Said closure extension deadline is also extended to the thirtieth day of September, one thousand nine hundred ninety- four, for any other commercial solid waste landfill which has: (1) Filed an initial application for a certificate of need and public convenience with the public service commission; and (2) has filed, on or before the thirtieth day of April, one thousand nine hundred ninety-three, an initial (part I) application with the division of environmental protection for a solid waste facility permit to install a composite liner: Provided, That no such extension of closure deadline shall extend beyond the thirtieth day of September, one thousand nine hundred ninety- three, for any landfill located in a county in which there is also located a commercial solid waste landfill which has installed a composite liner system in accordance with the requirements of the solid waste management regulations.