Senate Bill No. 130
(By Senators Miller and Withers)
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[Introduced January 27, 1994; referred to the Committee
on Natural Resources; and then to the Committee on Finance.]
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A BILL to amend chapter twenty of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, by adding
thereto a new article, designated article five-o, relating
to the creation of a closure cost assistance fund for solid
waste management facilities that cannot operate in an
environmentally sound manner; authorizing the solid waste
management board to administer the fund; and stating
eligibility requirements for applicants to the fund.
Be it enacted by the Legislature of West Virginia:
That chapter twenty of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended by
adding thereto a new article, designated article five-o, to read
as follows:
ARTICLE 5O. SOLID WASTE LANDFILL CLOSURE ASSISTANCE PROGRAM.
§20-5O-1. Legislative findings and purpose.
The Legislature finds that:
Section five-a, article five-f of this chapter provides forthe funding of the solid waste management board reserve fund for
bond reserve in the amount of two hundred fifty thousand dollars
and is part of the eight dollars and twenty-five cents a ton
total fee submitted to the state tax department; section four,
article five-n of this chapter provides for the collection of an
assessment fee of three dollars and fifty cents a ton for the
department of environmental protection closure assistance fund
that is designed for the closure of certain facilities that
cannot operate in an environmentally sound manner after the
thirtieth day of September, one thousand nine hundred ninety-
three; this fund is collected from revenue remitted to the state
tax department and is a part of an assessment fee to fund the
various programs pertaining to the management of solid waste; and
that any funding from the closure assistance fund does not assist
any permittees that remains open after the thirtieth day of
September, one thousand nine hundred ninety-four and there is an
immediate need for assistance to these types of facilities.
§20-5O-2. Transfer of funds from closure cost assistance fund
to solid waste management reserve fund--for bond reserve.
(a) The solid waste assessment fee collected pursuant and
proceeds derived therefrom are hereby transferred to the solid
waste management board reserve fund for bond reserve: Provided,
That the reserve fund shall not exceed the sum of one million
dollars and shall be used for the underwriting of loans and the
issuance of bonds to qualifying permittees.
§20-5O-3. Solid waste management board to administer reserve
fund.
The solid waste management board shall administer the
reserve fund and determine the eligibility of applicants for
assistance from the reserve fund. The eligibility requirements
are as follows:
(1) Applicants shall be solid waste authorities, local or
state government bodies that have solid waste management
facilities;
(2) Applicants shall have an existing facility operating
under an approved closure permit;
(3) Applicants may not have an existing facility that has
applied for, or is receiving, funding under the environmental
protection closure fund;
(4) Applicants may not have an existing facility that is out
of compliance with its permits or consent orders;
(5) Applicants shall have an approved certificate of need
for the facility;
(6) Applicants shall have a certificate of site approval;
(7) Applicants shall have an approved permit application for
the proposed facility from the department of environmental
protection; and
(8) Applicants shall have submitted and be recommended for
approval of a bond-loan application, which stipulates the
creation of a financial fund that will provide financing for a
facility closure fund.
NOTE: The purpose of this bill is to create a closure cost
assistance fund for solid waste management facilities that cannot
operate in an environmentally sound manner. The bill authorizes
the Solid Waste Management Board to administer the fund and
states eligibility requirements for applicants to the fund.
Article 5O is new; therefore, strike-throughs and
underscoring have been omitted.