COMMITTEE SUBSTITUTE
FOR
H. B. 2809
(By Delegates Manchin, Prunty,
Caputo and Staton)
(Originating in the Committee on the Judiciary)
[March 4, 1999]
A BILL to amend article sixteen, chapter twenty-two of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
nineteen, relating to landfill closure assistance; requiring
of reimbursement of fees under certain circumstances;
modifying eligibility and certificate of need requirements;
and extending the deadline for the eligibility for landfill
closure assistance funds to certain landfills that desire to
close.
Be it enacted by the Legislature of West Virginia:
That article sixteen, chapter twenty-two of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
nineteen, to read as follows:
ARTICLE 16. SOLID WASTE LANDFILL CLOSURE ASSISTANCE PROGRAM.
§22-16-19. Eligibility for funds for permanently closed solid
waste facilities.
(a) A county or municipally owned landfill that certifies to
the director that it has or will permanently close by the thirty- first day of December, one thousand nine hundred ninety-nine is
eligible for the expenditure of funds under this article.
(b) Subsequent to the declaration of eligibility by the
director, if the landfill files an application for a certificate of
need pursuant to section one-c, article two, chapter twenty-four
of this code, or files an application with the director pursuant to
article fifteen of this chapter, shall first reimburse the director
for all costs expended by the director in furtherance of closure of
the landfill. If a landfill has filed an application for or has
obtained either a certificate of need pursuant to section one-c,
article two, chapter twenty-four of this code, or has applied for
or obtained a permit from the director pursuant to article fifteen
of this chapter, and the landfill obtains a certificate of
eligibility from the director under this section, the certificate
of need is void and the division, by minor modification, shall
modify the solid waste permit to implement its closure
requirements.
(c) As used in this section, "landfill" means only a solid
waste facility for the disposal of solid waste on land. It also
includes any system, facility, land, contiguous land, improvements on the land, structures or other appurtenances or methods used for
processing, recycling or disposing of solid waste, but does not
include transfer stations.