On October 18, 1991, the West Virginia Legislature passed Senate Bill 18. The Landfill Closure Assistance Program (LCAP) was established by Section 22-16-3(a) of the West Virginia State Code and is governed by State Rule 33CSR40
The WV DEP's LCAP aids the owners/permittees of landfills that were required to cease operations because of certain statutory closure deadlines for non-composite lined facilities. The program specifically designs and constructs all closure-related activities necessary to accomplish the following:
manage leachate sufficiently
control sediment and erosion
manage natural gas
monitor groundwater and a final cover cap on non-composite lined landfills.
The program is funded by a special revenue of $3.50 per ton imposed upon the disposal of solid waste at any solid waste disposal facility in this state. This fee is authorized by Section 22-16-4(a) of the WV Code and is deposited in the "Closure Cost Assistance Fund."
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