ENGROSSED
Senate Bill No. 600
(By Senators Oliverio, Ball, Bowman, Dittmar, Hunter, Kessler,
Ross, Schoonover, Snyder, White, Deem and Scott)
____________
[Originating in the Committee on the Judiciary;
reported February 18, 1998.]
_____________
A BILL to amend and reenact sections ten and eleven, article
sixteen, chapter twenty-two of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, all relating
generally to solid waste landfill closure assistance;
providing for application for closure assistance; and allowing
certain landfills to apply for assistance.
Be it enacted by the Legislature of West Virginia:
That sections ten and eleven, article sixteen, chapter twenty- two of the code of West Virginia, one thousand nine hundred thirty- one, as amended, be amended and reenacted, all to read as follows:
ARTICLE 16. SOLID WASTE LANDFILL CLOSURE ASSISTANCE PROGRAM.
§22-16-10. Limitation on assistance.
The director may provide closure assistance only to permittees
who meet the following requirements:
(1) The permittee of a landfill that does not have a liner and
ceases accepting solid waste on or before the thirtieth day of November, one thousand nine hundred ninety-one, except for those
landfills allowed to accept solid waste pursuant to the provisions
of section seventeen, article fifteen of this chapter and ceases
accepting solid waste on or before the extension deadline as
determined by the director; or the permittee of a landfill that has
only a single liner and ceases accepting solid waste on or before
the thirtieth day of September, one thousand nine hundred
ninety-three, or the permittee of a landfill as provided for in
section twelve-g, article sixteen of this chapter;
(2) The permittee of the landfill must demonstrate to the
satisfaction of the director that it does not have the financial
resources on hand or the ability to generate the amounts needed to
comply, in a timely manner, with the closure requirements provided
in article fifteen of this chapter and any rules promulgated
pursuant thereto: Provided, That any permittee required to close
a landfill, or any portion thereof, due to the lack of an approved
composite liner system, who collects solid waste within this state
which is disposed outside this state, shall not be eligible for
closure assistance: Provided, however, That any permittee which is
a Class I municipality shall be eligible for closure assistance
when the permittee elects to and pays the solid waste assessment
fee which would otherwise be levied and imposed upon the disposal
of the solid waste by subsection (a), section four of this article,
if the solid waste was disposed of within the state; and
(3) The permittee must maintain a permit for the landfill pursuant to the provisions of section ten, article fifteen of this
chapter and maintain the full amount of the bond required to be
submitted pursuant to section twelve of said article.
§22-16-11. Application for closure assistance.
(a) The director shall provide an application and application
procedure for all permittees of solid waste landfills desiring to
receive closure assistance under this article. At a minimum the
procedure shall require that:
(1) The permittee of a landfill that does not have a liner
system must submit its application no later than the fifteenth day
of September, one thousand nine hundred ninety-two, except the
permittee of a landfill that has been allowed to accept solid waste
pursuant to the provisions of section seventeen, article fifteen of
this chapter must submit its application no later than the eleven
months following the expiration of the extension;
(2) The permittee of a landfill that has only a single liner
system must submit its application no later than eleven months
following the date of closure of the landfill; and
(3) The permittee of a landfill as provided for in section
twelve-g, article sixteen of this chapter must submit its
application for assistance on or before the first day of January,
one thousand nine hundred ninety-nine.
(b) The director shall, within a reasonable time after receipt
of a complete application, notify the applicant of the acceptance
or rejection of the application. If the application is rejected the notice shall contain the reasons for the rejection.