H. B. 2886
(By Delegates Linch, Coleman and Rowe)
[Introduced February 24, 1999; referred to the
Committee on the Judiciary then Finance.]
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; 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.
NOTE: The purpose of this bill is to extend the deadline
for the eligibility for landfill closure assistance funds to
certain landfills that desire to close.
This section is new; therefore, strike-throughs and
underscoring have been omitted.