West Virginia Code § 22-18-11

Transition program for existing facilities
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Any person who owns or operates a facility required to have any permit under this article,
which facility was in existence on July 9, 1981, shall be treated as having been issued such
permit until such time as final administrative disposition is made with respect to an
application for such permit: Provided, That on said date such facility is operating and
continues to operate in compliance with the interim status requirement of thee federal
environmental protection agency established pursuant to section 3005 of the federal Solid
Waste Disposal Act, as amended, if applicable, and in such a manner asr will not cause or
create a substantial risk of a health hazard or public nuisance or a significant adverse effect
upon the environment: Provided, however, That the owner or operator of such facility shall
make a timely and complete application for such permit in accordance with rules
promulgated pursuant to this article specifying procedures atnd requirements for obtaining
such permit.

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