2005 West Virginia Code - §22-5-11. — Construction, modification or relocation permits required for stationary sources of air pollutants.

§22-5-11. Construction, modification or relocation permits required for stationary sources of air pollutants.

No person shall construct, modify or relocate any stationary source of air pollutants without first obtaining a construction, modification or relocation permit as provided in this section.
The director shall by rule specify the class or categories of stationary sources to which this section applies. Application for permits shall be made upon such form, in such manner, and within such time as the rule prescribes and shall include such information, as in the judgment of the director, will enable him or her to determine whether such source will be so designed as to operate in conformance with the provisions of this article or any rules of the director.
The director shall, within a reasonable time not to exceed twelve months for major sources, as defined by the director, and six months for all other sources after the receipt of a complete application, issue such permit unless he or she determines that the proposed construction, modification or relocation will not be in accordance with this article or rules promulgated thereunder, in which case the director shall issue an order for the prevention of such construction, modification or relocation. For the purposes of this section, a modification is deemed to be any physical change in, or change in the method of operation of, a stationary source which increases the amount of any air pollutant discharged by such source above a de minimis level set by the director.