ENROLLED

H. B. 4801

(By Delegates Smirl, Givens, Coleman and Dalton)


[Passed March 11, 2000; in effect ninety days from passage.]





AN ACT to amend and reenact section eleven, article sixteen, chapter twenty-two of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the date a permittee of a landfill must submit an application for closure assistance.

Be it enacted by the Legislature of West Virginia:
That section eleven, article sixteen, chapter twenty-two of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 16. SOLID WASTE LANDFILL CLOSURE ASSISTANCE PROGRAM.
§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 subsection (g), section twelve, article sixteen of this chapter must submit its application for assistance on or before the last day of December, two thousand. Provided, That no landfill is eligible for closure assistance if any portion of the landfill remains open or application is made for reopening with the division of environmental protection or the public service commission.
(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.