§22-16-1. Legislative Findings and Purpose
§22-16-1. Legislative findings and purpose. The Legislature finds that: There are numerous landfills throughout the state that must be closed because they cannot be operated in an environmentally sound manner; The permittees of many of the landfills that will be closing do not have the financial resources to close their landfills in a manner that […]
§22-16-2. Definitions
As used in this article, unless the context clearly requires a different meaning: (1) "Commercial recycler" means any person, corporation or business entity whose operation involves the mechanical separation of materials for the purpose of reselling or recycling at least seventy percent by weight of the materials coming into the commercial recycling facility;
§22-16-3. Commercial Solid Waste Landfill Closure Assistance Program
(a) There is established within the Division of Environmental Protection the commercial solid waste landfill closure assistance program. The purpose of the program is to provide assistance for the closure of landfills which are required to cease operations pursuant to the closure deadlines provided for in this chapter. (b) Upon the acceptance of an application […]
§22-16-4. Solid Waste Assessment Fee; Penalties
(a) Imposition. A solid waste assessment fee is levied and imposed upon the disposal of solid waste at any solid waste disposal facility in this state in the amount of $3.30 per ton beginning July 1, 2021, $3.10 per ton beginning July 1, 2022, $2.90 per ton beginning July 1, 2023, $2.70 per ton beginning […]
§22-16-5. Solid Waste Management Board Empowered to Issue Solid Waste Closure Revenue Bonds, Renewal Notes and Refunding Bonds; Requirements and Manner of Such Issuance
The solid waste management board is hereby empowered to issue, from time to time, solid waste closure revenue bonds and notes of the state in such principal amounts as the board deems necessary to pay the cost of or finance, in whole or in part, the closure of solid waste landfills by the division pursuant […]
§22-16-6. Establishment of Reserve Funds, Replacement and Improvement Funds and Sinking Funds; Fiscal Agent; Purposes for Use of Bond Proceeds; Application of Surplus
(a) Before issuing any revenue bonds in accordance with the provisions of this article, the solid waste management board shall consult with and be advised by the West Virginia water development authority as to the feasibility and necessity of the proposed issuance of revenue bonds. (b) Prior to issuing revenue bonds under the provisions of […]
§22-16-7. Legal Remedies of Bondholders
Any holder of solid waste disposal revenue bonds issued under the authority of this article or any of the coupons appertaining thereto, except to the extent the rights given by this article may be restricted by the applicable resolution, may by civil action, mandamus or other proceeding, protect and enforce any rights granted under the […]
§22-16-8. Bonds and Notes Not Debt of State, County, Municipality or of Any Political Subdivision; Expenses Incurred Pursuant to Article
Solid waste closure revenue bonds and notes and solid waste closure revenue refunding bonds issued under authority of this article and any coupons in connection therewith are not a debt or a pledge of the faith and credit or taxing power of this state or of any county, municipality or any other political subdivision of […]