West Virginia Code § 22-16-10

Limitation on assistance
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The director may provide closure assistance only to permittees who meet the following
requirements:
(1) The permittee of a landfill that does not have a liner and ceases accepting solid waste on
or before November 30, 1991, except for those landfills allowed to accept solid waste
pursuant to the provisions of section seventeen, article fifteen of this chapter and ceases
accepting solid waste on or before the extension deadline as determined by the director; or
the permittee of a landfill that has only a single liner and ceases accepting solid waste on or
before September 30, 1993, or the permittee of a landfill as provuided for in subsection (g),
section twelve, article sixteen of this chapter;
(2) The permittee of the landfill must demonstrate to the satisfaction of the director that it
does not have the financial resources on hand or the ability to generate the amounts needed
to comply, in a timely manner, with the closure requirements provided in article fifteen of
this chapter and any rules promulgated pursuant thlereto: Provided, That any permittee
required to close a landfill, or any portion therseof, due to the lack of an approved composite
liner system, who collects solid waste within this state which is disposed outside this state,
shall not be eligible for closure assistance: Provided, however, That any permittee which is a
Class I municipality shall be eligibleg for closure assistance when the permittee elects to and
pays the solid waste assessment fee which would otherwise be levied and imposed upon the
disposal of the solid waste by seubsection (a), section four of this article, if the solid waste
was disposed of within the state; and
(3) The permittee must maintain a permit for the landfill pursuant to the provisions of
section ten, article fifteen of this chapter and maintain the full amount of the bond required
to be submitted pursuant to section twelve of said article.

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