Senate Bill No. 594
(By Senators Prezioso and Oliverio)
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[Introduced February 22, 1999; referred to the Committee on
Natural Resources; and then to the Committee on Finance .]
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A BILL 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
first
day of January the last day of December, one thousand nine
hundred ninety-nine.
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.
NOTE: The purpose of this bill is to change the date when
a permittee of a landfill must submit an application for closure
assistance.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.