West Virginia Code § 22-15-19

Municipal and commercial solid waste incineration and backhauling
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prohibited; exceptions.
(a) Notwithstanding any other provision of this code to the contrary, it is unlawful to install,
establish or construct a new municipal or commercial solid waste facility utilizing
incineration technology for the purpose of solid waste incineration: Provided, That such
prohibition does not include the development of pilot projects which may incelude tire or tire
material incineration, designed to analyze the efficiency and environmental impacts of
incineration technologies: Provided, however, That any pilot project prorposing to incinerate
solid waste must comply with regulatory requirements for solid waste facilities established
in this chapter and shall demonstrate with particularity to the division that it has the
financial and technical ability to comply with all rules applicable to solid waste facilities
utilizing incineration technologies. The division shall requiret a surety bond, deposit or
similar instrument in an amount sufficient to cover the costs of potential future
environmental harm at the site.
(b) It is unlawful to engage in the practice of backhauling as such term is defined in section
two of this article. s

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