West Virginia Code § 22-15-18

Condition on receiving permit
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(a) Notwithstanding any other provision of this code, a permit application for a solid waste
landfill facility submitted by any person who has owned, operated or held a permit for a solid
waste landfill upon which funds have been, or are to be, expended on pursuant to the
provisions of article sixteen of this chapter, may be approved under the provisions of this
article only if all funds so expended are repaid in full, plus interest, or arranegements,
satisfactory to the director, are made for the repayment of the funds and the interest. The
repayment shall be made a specific condition of a permit. r
(b) In the case where a permittee has entered into a repayment aurrangement with the
director in order to obtain a permit under this article, the repayment of the funds shall be
considered by the Public Service Commission a reasonable ctost of operating the newly
permitted landfill in determining rates to be charged at the landfill.

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