(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 include tire or tire material incineration, designed to analyze the efficiency and environmental impacts of incineration technologies: Provided, however, That any pilot project proposing 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 require 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.
Structure West Virginia Code
Chapter 22. Environmental Resources
Article 15. Solid Waste Management Act
§22-15-1. Purpose and Legislative Findings
§22-15-3. Special Provision for Wood Waste
§22-15-4. Authority of Commissioner of Bureau of Public Health
§22-15-5. Powers and Duties; Rules and Rulemaking
§22-15-6. Fee for Filing a Certificate of Site Approval
§22-15-7. Special Provision for Residential Solid Waste Disposal
§22-15-8. Limit on the Size of Solid Waste Facilities; Rulemaking
§22-15-9. Exemption for Solid Waste Facility Handling in Excess of Thirty Thousand Tons per Month
§22-15-10. Prohibitions; Permits Required
§22-15-11. Solid Waste Assessment Fee; Penalties
§22-15-14. Limitations on Permits; Encouragement of Recycling
§22-15-15. Orders, Inspections and Enforcement; Civil and Criminal Penalties
§22-15-17. Limited Extension of Solid Waste Facility Closure Deadline
§22-15-18. Condition on Receiving Permit
§22-15-19. Municipal and Commercial Solid Waste Incineration and Backhauling Prohibited; Exceptions
§22-15-20. Sewage Sludge Management
§22-15-21. Waste Tire Management