From and after October 18, 1991, in order to increase the maximum allowable monthly tonnage handled at a Class A facility by an aggregate amount of more than ten percent of the facility's permit tonnage limitation within a two-year period, the permittee shall:
(1) File an application for approval with, and obtain approval from, the county or regional solid waste authority for the county or counties in which the facility is located. Such application shall be a modification of the Class A facility's certificate of site approval. The county or regional solid waste authority shall act upon such application and either grant or deny it within thirty days after the application is determined by the county or regional solid waste authority to be filed in a completed manner; and
(2) File an application for approval with, and obtain approval from, the Public Service Commission to modify the certificate of need in the manner set forth in section one-c, article two, chapter twenty-four of this code.
Structure West Virginia Code
Chapter 22C. Environmental Resources; Boards, Authorities, Commissions and Compacts
Article 4. County and Regional Solid Waste Authorities
§22C-4-1. Legislative Findings and Purposes
§22C-4-3. Creation of County Solid Waste Authority; Appointment to Board of Directors; Vacancies
§22C-4-5. Authorities as Successor to County Commissions and Former County Solid Waste Authorities
§22C-4-13. Items Included in Cost of Properties
§22C-4-14. Bonds or Notes May Be Secured by Trust Indenture
§22C-4-15. Sinking Fund for Bonds or Notes
§22C-4-17. Operating Contracts
§22C-4-18. Statutory Mortgage Lien Created Unless Otherwise Provided; Foreclosure Thereof
§22C-4-19. Refunding Bonds or Notes
§22C-4-20. Indebtedness of Authority
§22C-4-21. Property, Bonds or Notes and Obligations of Authority Exempt From Taxation
§22C-4-23. Powers, Duties and Responsibilities of Authority Generally
§22C-4-25. Siting Approval for Solid Waste Facilities; Effect on Facilities With Prior Approval
§22C-4-26. Approval of New Class a Facilities by Solid Waste Authorities
§22C-4-27. Approval of Conversion From Class B Facility to Class a Facility
§22C-4-28. Approval of Increase in Maximum Allowable Monthly Tonnage of Class a Facilities