closures. In any fiscal year in which the amount reimbursed under paragraph 4 of subsection B of Section 2-10-802 of this title for the costs of purchase and installation of wheel wash systems is less than Fifty Thousand Dollars ($50,000.00), the Department of Environmental Quality may apply any or all of the remainder toward the proper closure of solid waste landfills that meet the following criteria: 1. The landfill is no longer in operation; 2. The owner or operator of the landfill failed to provide sufficient financial assurance for proper closure of the landfill; and 3. The owner or operator of the landfill cannot be identified, found or, despite all reasonable efforts, cannot be compelled to properly close the landfill.
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