W. Va. Code R. § 47-38C-4

Current through Register Vol. XLI, No. 24, June 14, 2024

Section 47-38C-4 - Conditions for Closure Assistance Application Approval

4.1. The applicant must currently have in his or her possession a valid landfill facility permit in compliance with the Solid Waste Management Act (WV Code 20-5F-1, et seq. ) containing an approved closure plan for the landfill facility.

4.1.1. That landfill facility permit must contain, in the form of "major" or "minor" modifications, all changes in name, operation, ownership, or operator(s).

4.1.2. That landfill facility permit must contain, in the form of a modification, the landfill facility NPDES requirements, of the Water" Pollution Control Act (WV Code 20-5A-1 et seq) .

4.2. Bonding.

4.2.1. The applicant must have submitted the full amount of the bond required under Section 4.2.2 of this rule and received approval of the bond from the director,

4.2.2. The bonding requirements set forth in WV Code 20-5F-1 et seq. and in Division of Environmental Protection Solid Waste Management Regulations 47 CSR 38 Section 3.13, are applicable.

4.2.3. " None of the requirements of Section 4.2.2 of this rule may be waived without written approval, of the director.

4.3 Violations.

4.3.1. All closure-related Division of Environmental Protection Notice of Violations shall have been abated.

4.3.2. All closure-related Division of Environmental Protection Civil Administrative Penalties are paid or reflected in a payment schedule contained in subsequently-issued Solid Waste Administrative Orders.

4.3.3. All terms and conditions of any prior closure-related Administrative Orders shall have been resolved,

4.3.4. All stipulated penalty amounts in any prior Administrative orders shall have been paid, or .reflected in a payment schedule contained in a subsequently issued Administrative Order.

4.3.5. None of the requirements of 4.3 of this section may be waived without written approval of the director.

4.4. Legalities.

4.4.1. All pending magistrate, water Resources Board, State Court, Federal Court, or other legal actions must have been resolved.

4.4.2. None of the requirements of Section 4.4.1 of this rule may be waived without written approval of the director.

4.5. Closure Funds.

4.5.1. All funds available at the time of closure that have been dedicated to closure, as may have been required by the Public Service-Commission, shall have been expended for closure, in compliance with Division of Environmental Protection, Solid Waste Management Regulations 4 7 CSR 3 8 Section 6 or donated to the Closure Cost Assistance Fund as outlined in WV Code 20-5N-4(a).

4.6. Additional closure Items.

4.6.1. The applicant shall have complied, or begun to comply with the following permit, or regulatory requirements, as outlined in Division of Environmental Protection, Solid Waste Management Regulations 47 CSR 38 Section 6. These items are ineligible for coverage by the assistance program:

4.6.1.a. Legal Advertisement;

4.6.1.b. Notification to Users;

4.6.1.e. Notification to Chief;

4.6.1.d. Posting of Signs on the Fence;

4.6.1.e. Denial of Entry/Restricted Access;

4.6.1.f. Notification to Solid Waste Authority, State Solid-Waste Management Board, etc; and

4.6.1.g. Deed Notation

4.6.2. The Closure Assistance Program shall also cover the payment of. principal, premium, if any, and interest accrued with respect to any indebtednes, bonded or otherwise, outstanding with respect to any landfill scheduled for closure which was incurred in connection with acquisition, construction or equipping landfills qualifying for assistance.

4.7. An approved application provides a basis for the Chief to modify the permit in accordance with the provisions of Division of Environmental Protection Solid Waste Management Regulations 40 CSR 33 Section 6 in order to meet the requirements of the Closure Assistance Program.

4.8. Upon acceptance of a permittee into the Closure Assistance Program, access to the facility shall be given to the director.

W. Va. Code R. § 47-38C-4