West Virginia CHAPTER 22. — ENVIRONMENTAL RESOURCES
- CHAPTER 22. — ENVIRONMENTAL RESOURCES.
- ARTICLE 1. — DIVISION OF ENVIRONMENTAL PROTECTION.
- §22-1-1. Legislative findings; legislative statement of policy and purpose.
- §22-1-2. — Definitions.
- §22-1-3. — Rule making generally; relationship to federal programs.
- §22-1-3a. — Rules -- New or amended environmental provisions.
- §22-1-4. — Department of Environmental Protection continued.
- §22-1-5. — Jurisdiction vested in division.
- §22-1-6. — Secretary of the Department of Environmental Protection.
- §22-1-7. — Offices within division.
- §22-1-7a. — Continuation of office of water resources.
- §22-1-8. — Supervisory officers.
- §22-1-8a. — General powers and duties of the director of the division of mines and minerals.
- §22-1-9. — Environmental protection advisory council.
- §22-1-10. — Allocation of appropriations and effect on personnel.
- §22-1-11. — Saving provisions.
- §22-1-12. — Public information.
- §22-1-13. — Notification of permitting decisions.
- §22-1-14. — Stream restoration fund; creation; special account; purposes and expenditures.
- §22-1-15. — Laboratory certification; rules; fees; revocation and suspension; environmental laboratory certification fund; programs affected; and appeals.
- §22-1-16. — Time for commencing proceedings.
- §22-1-17. — Special reclamation fund advisory council.
- ARTICLE 1A. — PRIVATE REAL PROPERTY PROTECTION.
- §22-1A-1. — Short title.
- §22-1A-2. — Legislative findings and purpose.
- §22-1A-3. — Actions by division of environmental protection; requirement for assessment.
- §22-1A-4. — Buffer zones.
- §22-1A-5. — Remedies.
- §22-1A-6. — Scope of application.
- ARTICLE 2. — ABANDONED MINE LANDS AND RECLAMATION ACT.
- §22-2-1. — Short title.
- §22-2-2. — Legislative findings; intent and purpose of article; jurisdiction and authority of director.
- §22-2-3. — Definitions.
- §22-2-4. — Abandoned land reclamation fund and objectives of fund; lands eligible for reclamation.
- §22-2-5. — Powers and duties of director; program plans and reclamation projects.
- §22-2-6. — Acquisition and reclamation of land adversely affected by past coal surface-mining practices.
- §22-2-7. — Liens against reclaimed land; petition by landowner; appeal; priority of liens.
- §22-2-8. — Filling voids and sealing tunnels.
- §22-2-9. — General and miscellaneous powers and duties of director; cooperative agreements; injunctive relief; water treatment plants and facilities; transfer of funds and interagency cooperation.
- ARTICLE 3. — SURFACE COAL MINING AND RECLAMATION ACT.
- §22-3-1. — Short title.
- §22-3-2. — Legislative findings and purpose; jurisdiction vested in division of environmental protection; authority of director; inter-departmental cooperation.
- §22-3-3. — Definitions.
- §22-3-4. — Reclamation; duties and functions of director.
- §22-3-5. — Surface-mining reclamation supervisors and inspectors; appointment and qualifications; salary.
- §22-3-6. — Duties of surface-mining reclamation inspectors and inspectors in training.
- §22-3-7. — Notice of intention to prospect, requirements therefor; bonding; director's authority to deny or limit; postponement of reclamation; prohibited acts; exceptions.
- §22-3-8. — Prohibition of surface mining without a permit; permit requirements; successor in interest; duration of permits; proof of insurance; termination of permits; permit fees.
- §22-3-9. — Permit application requirements and contents.
- §22-3-10. — Reclamation plan requirements.
- §22-3-11. — Bonds; amount and method of bonding; bonding requirements; special reclamation tax and fund; prohibited acts; period of bond liability.
- §22-3-11a. — Special reclamation tax; clarification of imposition of tax; procedures for collection and administration of tax; application of Tax Procedure and Administration Act and Tax Crimes and Penalties Act.
- §22-3-12. — Site-specific bonding; legislative rule; contents of legislative rule; legislative intent.
- §22-3-13. — General environmental protection performance standards for surface mining; variances.
- §22-3-13a. — Preblast survey requirements.
- §22-3-14. — General environmental protection performance standards for the surface effects of underground mining; application of other provisions of article to surface effects of underground mining.
- §22-3-15. — Inspections; monitoring; right of entry; inspection of records; identification signs; progress maps.
- §22-3-16. — Cessation of operation by order of inspector; informal conference; imposition of affirmative obligations; appeal.
- §22-3-17. — Notice of violation; procedure and actions; enforcement; permit revocation and bond forfeiture; civil and criminal penalties; appeals to the board; prosecution; injunctive relief.
- §22-3-18. — Approval, denial, revision and prohibition of permit.
- §22-3-19. — Permit revision and renewal requirements; incidental boundary revisions; requirements for transfer; assignment and sale of permit rights; and operator reassignment.
- §22-3-20. — Public notice; written objections; public hearings; informal conferences.
- §22-3-21. — Decision of director on permit application; hearing thereon.
- §22-3-22. — Designation of areas unsuitable for surface mining; petition for removal of designation; prohibition of surface mining on certain areas; exceptions; taxation of minerals underlying land designated unsuitable.
- §22-3-22a. — Blasting restrictions; site specific blasting design requirement.
- §22-3-23. — Release of bond or deposits; application; notice; duties of secretary; public hearings; final maps on grade release.
- §22-3-24. — Water rights and replacement; waiver of replacement.
- §22-3-25. — Citizen suits; order of court; damages.
- §22-3-26. — Surface-mining operations not subject to article.
- §22-3-27. — Leasing of lands owned by state for surface mining of coal.
- §22-3-28. — Special permits authorization for reclamation of existing abandoned coal processing waste piles; coal extraction pursuant to a government-financed reclamation contract; coal extraction as an incidental part of development of land for commercial, residential, industrial or civic use; no cost reclamation contract.
- §22-3-29. — Experimental practices.
- §22-3-30. — Certification and training of blasters.
- §22-3-30a. — Blasting requirements; liability and civil penalties in the event of property damage.
- §22-3-31. — Conflict of interest prohibited; criminal penalties therefor; employee protection.
- §22-3-32. — Special tax on coal production; mines and minerals operations fund.
- §22-3-32a. — Special tax on coal; clarification of imposition of tax; procedures for collection and administration of tax.
- ARTICLE 3A. — OFFICE OF EXPLOSIVES AND BLASTING.
- §22-3A-1. — Legislative findings; policy and purposes.
- §22-3A-2. — Office of explosives and blasting created; transfer of functions; responsibilities.
- §22-3A-3. — Powers and duties.
- §22-3A-4. — Legislative rules on surface-mining blasting;
- §22-3A-5. — Claims process.
- §22-3A-6. — Rules, orders and permits to remain in effect;
- §22-3A-7. — Funding.
- §22-3A-8. — Transfer of personnel and assets.
- §22-3A-9. — Limitation of article.
- §22-3A-10. — Office to conduct study.
- §22-3A-11. — Continuation of office.
- ARTICLE 4. — QUARRY RECLAMATION ACT.
- §22-4-1. — Short title.
- §22-4-2. — Legislative findings.
- §22-4-3. — Definitions.
- §22-4-4. — Director of the division of environmental protection; powers and duties.
- §22-4-5. — Quarry permit requirements.
- §22-4-6. — Application review, public notice and comment, and permit approval.
- §22-4-7. — Denial of quarry permit.
- §22-4-8. — Limitations; mandamus.
- §22-4-9. — Permit renewals and revisions.
- §22-4-10. — Modification of permits.
- §22-4-11. — Transfer of permits.
- §22-4-12. — Pre-blast survey requirements.
- §22-4-13. — Blasting restrictions; blasting formula; filing preplan; site specific blasting requirements; penalties; notice.
- §22-4-14. — Performance standards.
- §22-4-15. — Groundwater protection.
- §22-4-16. — Water rights and replacement; waiver of replacement.
- §22-4-17. — Quarrying and reclamation plan.
- §22-4-18. — Land reclamation requirements.
- §22-4-19. — Time period for reclamation.
- §22-4-20. — Fiscal responsibility.
- §22-4-21. — Release of bonds.
- §22-4-22. — Bond pooling fund.
- §22-4-23. — Quarry reclamation fund.
- §22-4-24. — Orders, inspections and enforcement; permit revocation, damages, civil and criminal penalties.
- §22-4-25. — Appeals to board.
- §22-4-26. — Required fees, quarry inspection and enforcement fund.
- §22-4-27. — Exception for certain existing quarries.
- §22-4-28. — Persons ineligible for a permit.
- §22-4-29. — Exemptions.
- ARTICLE 5. — AIR POLLUTION CONTROL.
- §22-5-1. — Declaration of policy and purpose.
- §22-5-2. — Definitions.
- §22-5-3. — Causing statutory pollution unlawful; article not to provide persons with additional legal remedies.
- §22-5-4. — Powers and duties of director; and legal services; rules.
- §22-5-5. — Issuance of cease and desist orders by director; service; permit suspension, modification and revocation; appeals to board.
- §22-5-6. — Penalties; recovery and disposition; duties of
- §22-5-7. — Applications for injunctive relief.
- §22-5-8. — Emergencies.
- §22-5-9. — Powers reserved to secretary of the department of health and human resources, commissioner of bureau of public health, local health boards and political subdivisions; conflicting statutes repealed.
- §22-5-10. — Records, reports, data or information; confidentiality; proceedings upon request to inspect or copy.
- §22-5-11. — Construction, modification or relocation permits required for stationary sources of air pollutants.
- §22-5-12. — Operating permits required for stationary sources of air pollution.
- §22-5-13. — Consolidation of permits.
- §22-5-14. — Administrative review of permit actions.
- §22-5-15. — Motor vehicle pollution, inspection and maintenance.
- §22-5-16. — Small business environmental compliance assistance program, compliance advisory panel.
- §22-5-17. — Interstate ozone transport.
- §22-5-18. — Market-based banking and trading programs, emissions credits; director to promulgate rules.
- ARTICLE 6. — OFFICE OF OIL AND GAS; OIL AND GAS WELLS; ADMINISTRATION; ENFORCEMENT.
- §22-6-1. — Definitions.
- §22-6-2. — Secretary -- Powers and duties generally; department records open to public; inspectors.
- §22-6-3. — Findings and orders of inspectors concerning violations; determination of reasonable time for abatement; extensions of time for abatement; special inspections; notice of findings and orders.
- §22-6-4. — Review of findings and orders by director; special inspection; annulment, revision, etc., of order; notice.
- §22-6-5. — Requirements for findings, orders and notices; posting of findings and orders; judicial review of final orders of director.
- §22-6-6. — Permit required for well work; permit fee; application; soil erosion control plan.
- §22-6-7. — Water pollution control permits; powers and duties of the director; penalties.
- §22-6-8. — Permits not to be on flat well royalty leases; legislative findings and declarations; permit requirements.
- §22-6-9. — Notice to property owners.
- §22-6-10. — Procedure for filing comments; certification of notice.
- §22-6-11. — Review of application; issuance of permit in the absence of objections; copy of permits to county assessor.
- §22-6-12. — Plats prerequisite to drilling or fracturing wells; preparation and contents; notice and information furnished to coal operators, owners or lessees; issuance of permits; performance bonds or securities in lieu thereof; bond forfeiture.
- §22-6-13. — Notice to coal operators, owners or lessees and director of intention to fracture certain other wells; contents of such notice; bond; permit required.
- §22-6-14. — Plats prerequisite to introducing liquids or waste into wells; preparation and contents; notice and information furnished to coal operators, owners or lessees and director; issuance of permits; performance bonds or security in lieu thereof.
- §22-6-15. — Objections to proposed drilling of deep wells and oil wells; objections to fracturing; notices and hearings; agreed locations or conditions; indication of changes on plats, etc.; issuance of permits.
- §22-6-16. — Objections to proposed drilling or converting for introducing liquids or waste into wells; notices and hearings; agreed location or conditions; indication of changes on plats, etc.; issuance of permits; docket of proceeding.
- §22-6-17. — Objections to proposed drilling of shallow gas wells; notice to chair of review board; indication of changes on plats; issuance of permits.
- §22-6-18. — Protective devices -- When well penetrates workable coal bed; when gas is found beneath or between workable coal beds.
- §22-6-19. — Same -- Continuance during life of well; dry or abandoned wells.
- §22-6-20. — Same -- When well is drilled through horizon of coal bed from which coal has been removed.
- §22-6-21. — Same -- Installation of fresh water casings.
- §22-6-22. — Well log to be filed; contents; authority to promulgate rules.
- §22-6-23. — Plugging, abandonment and reclamation of well; notice of intention; bonds; affidavit showing time and manner.
- §22-6-24. — Methods of plugging well.
- §22-6-25. — Introducing liquid pressure into producing strata to recover oil contained therein.
- §22-6-26. — Performance bonds; corporate surety or other security.
- §22-6-27. — Cause of action for damages caused by explosions.
- §22-6-28. — Supervision by director over drilling and reclamation operations; complaints; hearings; appeals.
- §22-6-29. — Operating permit and processing fund; special reclamation fund; fees.
- §22-6-30. — Reclamation requirements.
- §22-6-31. — Preventing waste of gas; plan of operation required for wasting gas in process of producing oil; rejection thereof.
- §22-6-32. — Right of adjacent owner or operator to prevent waste of gas; recovery of cost.
- §22-6-33. — Restraining waste.
- §22-6-34. — Offenses; penalties.
- §22-6-35. — Civil action for contamination or deprivation of fresh water source or supply; presumption.
- §22-6-36. — Declaration of oil and gas notice by owners and lessees of coal seams.
- §22-6-37. — Rules, orders and permits remain in effect.
- §22-6-38. — Application of article; exclusions.
- §22-6-39. — Injunctive relief.
- §22-6-40. — Appeal from order of issuance or refusal of permit to drill or fracture; procedure.
- §22-6-41. — Appeal from order of issuance or refusal of permit for drilling location for introduction of liquids or waste or from conditions of converting procedure.
- ARTICLE 7. — OIL AND GAS PRODUCTION DAMAGE COMPENSATION.
- §22-7-1. — Legislative findings and purpose.
- §22-7-2. — Definitions.
- §22-7-3. — Compensation of surface owners for drilling operations.
- §22-7-4. — Common law right of action preserved; offsets.
- §22-7-5. — Notification of claim.
- §22-7-6. — Agreement; offer of settlement.
- §22-7-7. — Rejection; legal action; arbitration; fees and costs.
- §22-7-8. — Application of article.
- ARTICLE 8. — TRANSPORTATION OF OILS.
- §22-8-1. — Scope of article.
- §22-8-2. — Duty of pipeline companies to accept and transport oil.
- §22-8-3. — Oil of 35 degrees Baume at 60 degrees Fahrenheit; inspection, grading and measurement; receipt; deduction for waste.
- §22-8-4. — Oil over 35 degrees Baume at 60 degrees Fahrenheit; inspection and measurement; loss.
- §22-8-5. — Lien for charges.
- §22-8-6. — Accepted orders and certificates for oil -- Negotiability.
- §22-8-7. — Same -- Further provisions.
- §22-8-8. — Dealing in oil without consent of owner.
- §22-8-9. — Monthly statements.
- §22-8-10. — Statements of amount of oil.
- §22-8-11. — Penalty -- Wrongful issuance, sale or alteration of receipts, orders, etc.
- §22-8-12. — Same -- Dealing in oil without consent of owner in interest.
- §22-8-13. — Same -- Failure to make report and statement.
- ARTICLE 9. — UNDERGROUND GAS STORAGE RESERVOIRS.
- §22-9-1. — Definitions.
- §22-9-2. — Filing of maps and data by persons operating or proposing to operate gas storage reservoirs.
- §22-9-3. — Filing of maps and data by persons operating coal mines.
- §22-9-4. — Notice by persons operating coal mines.
- §22-9-5. — Obligations to be performed by persons operating storage reservoirs.
- §22-9-6. — Inspection of facilities and records; reliance on maps; burden of proof.
- §22-9-7. — Exemptions.
- §22-9-8. — Alternative method.
- §22-9-9. — Powers and duties of director.
- §22-9-10. — Conferences, hearings and appeals.
- §22-9-11. — Enforcement.
- §22-9-12. — Penalties.
- §22-9-13. — Orders remain in effect.
- ARTICLE 10. — ABANDONED WELL ACT.
- §22-10-1. — Short title.
- §22-10-2. — Legislative findings; legislative statement of policy and purpose.
- §22-10-3. — Definitions.
- §22-10-4. — Financial responsibility -- Applicability.
- §22-10-5. — Financial responsibility -- Amount.
- §22-10-6. — Establishment of priorities for plugging expenditures.
- §22-10-7. — Right of interested person to plug, replug and reclaim abandoned wells.
- §22-10-8. — Arbitration; fees and costs.
- §22-10-9. — Civil penalties.
- §22-10-10. — Rule making; procedure; judicial review.
- §22-10-11. — Existing rights and remedies preserved.
- §22-10-12. — Provisions of article supplemental.
- ARTICLE 11. — WATER POLLUTION CONTROL ACT.
- §22-11-1. — Short title.
- §22-11-2. — Declaration of policy.
- §22-11-3. — Definitions.
- §22-11-4. — General powers and duties of director with respect to pollution.
- §22-11-5. — Water areas beautification; investigations; law enforcement.
- §22-11-6. — Requirement to comply with standards of water quality and effluent limitations.
- §22-11-7. — Cooperation with other governments and agencies.
- §22-11-7a. — Certification agreements; required provisions; effective date.
- §22-11-7b. — Water quality standards; implementation of antidegradation procedures.
- §22-11-8. — Prohibitions; permits required.
- §22-11-9. — Form of application for permit; information required.
- §22-11-10. — Water quality management fund established; permit application fees; annual permit fees; dedication of proceeds; rules.
- §22-11-11. — Procedure concerning permits required under article; transfer of permits; prior permits.
- §22-11-12. — Inspections; orders to compel compliance with permits; service of orders.
- §22-11-13. — Voluntary water quality monitors; appointment; duties; compensation.
- §22-11-14. — Information to be filed by certain persons with division; tests.
- §22-11-15. — Orders of director to stop or prevent discharges or deposits or take remedial action; service of orders.
- §22-11-16. — Compliance with orders of director.
- §22-11-17. — Power of eminent domain; procedures; legislative finding.
- §22-11-18. — Duty to proceed with remedial action promptly upon receipt of permit; progress reports required; finances and funds.
- §22-11-19. — Emergency orders.
- §22-11-20. — Control by state as to pollution; continuing jurisdiction.
- §22-11-21. — Appeal to environmental quality board.
- §22-11-22. — Civil penalties and injunctive relief; administrative penalties.
- §22-11-23. — Priority of actions.
- §22-11-24. — Violations; criminal penalties.
- §22-11-25. — Civil liability; natural resources game fish and aquatic life fund; use of funds.
- §22-11-26. — Exceptions as to criminal liabilities.
- §22-11-27. — Existing rights and remedies preserved; article for benefit of state only.
- §22-11-28. — Functions, services and reports of director of the division; obtaining information from others.
- §22-11-29. — Reimbursement of response costs.
- ARTICLE 12. — GROUNDWATER PROTECTION ACT.
- §22-12-1. — Short title.
- §22-12-2. — Legislative findings, public policy and purposes.
- §22-12-3. — Definitions.
- §22-12-4. — Authority of Secretary to promulgate standards of purity and quality.
- §22-12-5. — Authority of other agencies; applicability.
- §22-12-6. — Lead agency designation; additional powers and duties.
- §22-12-7. — Groundwater coordinating committee; creation.
- §22-12-8. — Groundwater certification.
- §22-12-9. — Groundwater protection fees authorized; director to promulgate rules; dedication of fee proceeds; groundwater protection fund established; groundwater remediation fund established.
- §22-12-10. — Civil and criminal penalties; civil administrative penalties; dedication of penalty proceeds; injunctive relief; enforcement orders; hearings.
- §22-12-11. — Appeal procedures.
- §22-12-12. — Rule-making petition.
- §22-12-13. — Existing rights and remedies preserved; effect of compliance.
- §22-12-14. — Effective dates of provisions subject to federal approval.
- ARTICLE 13. — NATURAL STREAMS PRESERVATION ACT.
- §22-13-1. — Short title.
- §22-13-2. — Declaration of public policy.
- §22-13-3. — Definitions.
- §22-13-4. — Establishment of natural stream preservation system.
- §22-13-5. — Designation of protected streams.
- §22-13-6. — General powers and duties of director with respect to protected streams.
- §22-13-7. — When permits required; when permits not to be issued.
- §22-13-8. — Application for permit; form of application; information required; fees.
- §22-13-9. — Procedure for issuance or denial of permit; transfer of permits.
- §22-13-10. — Inspections; orders to compel compliance with permits; service of order.
- §22-13-11. — Appeal to environmental quality board.
- §22-13-12. — Actions to abate nuisances; injunctive relief.
- §22-13-13. — Priority of actions.
- §22-13-14. — Violations; criminal penalties.
- §22-13-15. — Exceptions as to criminal liabilities.
- ARTICLE 14. — DAM CONTROL ACT.
- §22-14-1. — Short title.
- §22-14-2. — Legislative findings; intent and purpose of article.
- §22-14-3. — Definition of terms used in article.
- §22-14-4. — General powers and duties of director; maximum fee established for certificates of approval and annual registration.
- §22-14-5. — Unlawful to place, construct, enlarge, alter, repair, remove or abandon dam without certificate of approval; application required to obtain certificate.
- §22-14-6. — Plans and specifications for dams to be in charge of registered professional engineer.
- §22-14-7. — Granting or rejecting applications for certificate of approval by division; publication of notice of application; hearing upon application.
- §22-14-8. — Content of certificates of approval for dams; revocation or suspension of certificates.
- §22-14-9. — Inspections during progress of work on dam.
- §22-14-10. — Procedures for handling emergencies involving dams; remedial actions to alleviate emergency; payment of costs of remedial actions to be paid by dam owner.
- §22-14-11. — Requirements for dams completed prior to effective date of this section.
- §22-14-12. — Dam owner not relieved of legal responsibilities by any provision of article.
- §22-14-13. — Offenses and penalties.
- §22-14-14. — Enforcement orders; hearings.
- §22-14-15. — Civil penalties and injunctive relief.
- §22-14-16. — Schedule of application fees established.
- §22-14-17. — Schedule of annual registration fees established.
- §22-14-18. — Continuation of dam safety fund; components of fund.
- ARTICLE 15. — SOLID WASTE MANAGEMENT ACT.
- §22-15-1. — Purpose and legislative findings.
- §22-15-2. — Definitions.
- §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.
- §22-15-12. — Performance bonds; amount and method of bonding; bonding requirements; period of bond liability.
- §22-15-13. — Pre-siting notice.
- §22-15-14. — Limitations on permits; encouragement of recycling.
- §22-15-15. — Orders, inspections and enforcement; civil and criminal penalties.
- §22-15-16. — Appeal procedures.
- §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.
- §22-15-22. — Sludge management.
- §22-15-23. — Water treatment plant sludge.
- ARTICLE 15A. — THE A. JAMES MANCHIN REHABILITATION ENVIRONMENTAL ACTION PLAN.
- §22-15A-1. — Legislative findings and purpose.
- §22-15A-2. — Definitions.
- §22-15A-3. — West Virginia litter control and recycling programs; transfer of programs and employees; additional duties of Secretary; grants to counties and municipalities; and rules relating thereto.
- §22-15A-4. — Unlawful disposal of litter; civil and criminal penalty; litter control fund; evidence; notice violations; litter receptacle placement; penalty; duty to enforce violations.
- §22-15A-5. — Litter pickup and removal; education; government recycling responsibilities; monitoring and evaluation; study commission; repeal; report to Legislature.
- §22-15A-6. — Assistance to solid waste authorities.
- §22-15A-7. — Pollution prevention and open dumps.
- §22-15A-8. — Waste tires prohibited in certain places; penalty.
- §22-15A-9. — Creation of the A. James Manchin Fund; proceeds from sale of waste tires; fee on issuance of certificate of title.
- §22-15A-10. — Department to administer funds for waste tire remediation; rules authorized; duties of Secretary.
- §22-15A-11. — Disposal of waste tires.
- §22-15A-12. — Remediation; liability for remediation and court costs.
- §22-15A-13. — Injunctive relief; additional remedy.
- §22-15A-14. — Authority of Commissioner of Bureau for Public Health.
- §22-15A-15. — Continuation of waste tire remediation program.
- §22-15A-16. — Recycling goals.
- §22-15A-17. — Recycling plans.
- §22-15A-18. — Establishment of county recycling programs for solid waste; petition for referendum; ballot contents; election procedure; effect of such election.
- §22-15A-19. — Recycling assessment fee; regulated motor carriers; dedication of proceeds; criminal penalties.
- §22-15A-20. — Establishment of state recycling program for solid waste.
- §22-15A-21. — Procurement of recycled products.
- §22-15A-22. — Prohibition on the disposal of certain items; plans for the proper handling of said items required.
- §22-15A-23. — Recycling facilities exemption.
- ARTICLE 16. — SOLID WASTE LANDFILL CLOSURE ASSISTANCE PROGRAM.
- §22-16-1. — Legislative findings and purpose.
- §22-16-2. — Definitions.
- §22-16-3. — Commercial solid waste landfill closure assistance program.
- §22-16-4. — Solid waste assessment fee; penalties.
- §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.
- §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.
- §22-16-7. — Legal remedies of bondholders.
- §22-16-8. — Bonds and notes not debt of state, county, municipality or of any political subdivision; expenses incurred pursuant to article.
- §22-16-9. — Solid waste closure revenue bonds lawful investments.
- §22-16-10. — Limitation on assistance.
- §22-16-11. — Application for closure assistance.
- §22-16-12. — Solid waste facility closure cost assistance fund; closure extension; reporting requirements.
- §22-16-13. — Promulgation of rules by director.
- §22-16-14. — Liability of owner or operator.
- §22-16-15. — Procedures for handling remedial actions; payment of costs of remedial actions to be paid by owner or operator.
- §22-16-16. — Right of entry.
- §22-16-17. — Authority of director to accept grants and gifts.
- §22-16-18. — Management and control of project.
- ARTICLE 17. — UNDERGROUND STORAGE TANK ACT.
- §22-17-1. — Short title.
- §22-17-2. — Declaration of policy and purpose.
- §22-17-3. — Definitions.
- §22-17-4. — Designation of division of environmental protection as the state underground storage tank program lead agency.
- §22-17-5. — Powers and duties of director; integration with other acts.
- §22-17-6. — Promulgation of rules and standards by director.
- §22-17-7. — Underground storage tank advisory committee; purpose.
- §22-17-8. — Notification requirements.
- §22-17-9. — Registration requirements; undertaking activities without registration.
- §22-17-10. — Financial responsibility.
- §22-17-11. — Performance standards for new underground storage tanks.
- §22-17-12. — Confidentiality.
- §22-17-13. — Inspections, monitoring and testing.
- §22-17-14. — Corrective action for underground petroleum storage tanks.
- §22-17-15. — Administrative orders; injunctive relief; requests for reconsideration.
- §22-17-16. — Civil penalties.
- §22-17-17. — Public participation.
- §22-17-18. — Appeal to environmental quality board.
- §22-17-19. — Disclosures required in deeds and leases.
- §22-17-20. — Appropriation of funds; underground storage tank administrative fund.
- §22-17-21. — Leaking underground storage tank response fund.
- §22-17-22. — Underground storage tank insurance fund.
- §22-17-23. — Duplicative enforcement prohibited.
- ARTICLE 18. — HAZARDOUS WASTE MANAGEMENT ACT.
- §22-18-1. — Short title.
- §22-18-2. — Declaration of policy.
- §22-18-3. — Definitions.
- §22-18-4. — Designation of division of environmental protection as the state hazardous waste management lead agency.
- §22-18-5. — Powers and duties of director; integration with other acts; establishment of study of hazardous waste management.
- §22-18-6. — Promulgation of rules by director.
- §22-18-7. — Authority and jurisdiction of other state agencies.
- §22-18-8. — Permit process; undertaking activities without a permit.
- §22-18-9. — Corrective action.
- §22-18-10. — Public participation in permit process.
- §22-18-11. — Transition program for existing facilities.
- §22-18-12. — Confidential information.
- §22-18-13. — Inspections; right of entry; sampling; reports and analyses; subpoenas.
- §22-18-14. — Monitoring, analysis and testing.
- §22-18-15. — Enforcement orders; hearings.
- §22-18-16. — Criminal penalties.
- §22-18-17. — Civil penalties and injunctive relief.
- §22-18-18. — Imminent and substantial hazards; orders; penalties; hearings.
- §22-18-19. — Citizen suits; petitions for rule making; intervention.
- §22-18-20. — Appeal to environmental quality board.
- §22-18-21. — Disclosures required in deeds and leases.
- §22-18-22. — Appropriation of funds; hazardous waste management fund.
- §22-18-23. — State program to be consistent with and equivalent to federal program.
- §22-18-24. — Duplication of enforcement prohibited.
- §22-18-25. — Financial responsibility provisions.
- ARTICLE 19. — HAZARDOUS WASTE EMERGENCY RESPONSE FUND.
- §22-19-1. — Findings; purpose.
- §22-19-2. — Definitions.
- §22-19-3. — Hazardous waste emergency response fund; components of fund.
- §22-19-4. — Fee assessments; tonnage fees; due dates of payments; interest on unpaid fees.
- §22-19-5. — Director's responsibilities; fee schedules; authorized expenditures; other powers of director; authorizing civil actions; assistance of attorney general or prosecuting attorney.
- §22-19-6. — State hazardous waste contingency plan.
- ARTICLE 20. — ENVIRONMENTAL ADVOCATE.
- §22-20-1. — Appointment of environmental advocate; powers and duties; salary.
- §22-20-2. — Continuation of environmental advocate.
- ARTICLE 21. — COALBED METHANE WELLS AND UNITS.
- §22-21-1. — Declaration of public policy; legislative findings.
- §22-21-2. — Definitions.
- §22-21-3. — Application of article; exclusions; application of chapter twenty-two-b to coalbed methane wells.
- §22-21-4. — Chief; powers and duties generally.
- §22-21-5. — Duties of the coalbed methane review board; meetings; notice, powers and duties generally.
- §22-21-6. — Permit required for coalbed methane well; permit fee; application; soil erosion control plan; penalties.
- §22-21-7. — Consent and agreement of coal owner or operator.
- §22-21-8. — Performance bonds; corporate surety or other security.
- §22-21-9. — Notice to owners.
- §22-21-10. — Procedure for filing comments.
- §22-21-11. — Objections or comments to coalbed methane wells by coal owner or operator; hearings.
- §22-21-12. — Review of application; issuance of permit in the absence of objections; copy of permits to county assessor.
- §22-21-13. — Review board hearing; findings; order.
- §22-21-14. — Protective devices required when a coalbed methane well penetrates workable coal bed; when a coalbed methane well is drilled through horizon of coal bed from which coal has been removed; notice of stimulation; results of stimulation.
- §22-21-15. — Drilling units and pooling of interests.
- §22-21-16. — Notice to owners.
- §22-21-17. — Review of application; hearing; pooling order; spacing; operator; elections; working interests, royalty interests, carried interests, escrow account for conflicting claims, division order.
- §22-21-18. — Operation on drilling units.
- §22-21-19. — Validity of unit agreements.
- §22-21-20. — Spacing.
- §22-21-21. — Dry or abandoned wells.
- §22-21-22. — Notice of plugging and reclamation of well; right to take well; objection; plugging order; plugging for mine-through.
- §22-21-23. — Method of plugging.
- §22-21-24. — Existing mining rights.
- §22-21-25. — Judicial review; appeal to supreme court of appeals; legal representation for review board.
- §22-21-26. — Limitation on actions in trespass.
- §22-21-27. — Injunctive relief.
- §22-21-28. — Penalties.
- §22-21-29. — Construction.
- ARTICLE 22. — VOLUNTARY REMEDIATION AND REDEVELOPMENT ACT.
- §22-22-1. — Legislative findings; legislative statement of purpose.
- §22-22-2. — Definitions.
- §22-22-3. — Rule-making authority of the director.
- §22-22-4. — Voluntary remediation program; eligibility application and fee; information available to public; confidentiality of trade secrets; information; criminal penalties; requirements of site assessment; rejection or return of application; appeal of rejection.
- §22-22-5. — Brownfield application; remediation process; brownfield remediation; eligibility; application; remediation loan; and obtaining information from director.
- §22-22-6. — Voluntary remediation administrative fund established; voluntary remediation fees authorized; brownfields revolving fund established; disbursement of funds moneys; employment of specialized persons authorized.
- §22-22-7. — Voluntary remediation agreement; required use of licensed remediation specialist; required provisions of a voluntary remediation agreement; failure to reach agreement; appeal to the environmental quality board; no enforcement action when subject of agreement.
- §22-22-8. — Voluntary remediation work plans and reports.
- §22-22-9. — Termination of agreement; cost of recovery; legal actions.
- §22-22-10. — Inspections; right of entry; sampling; reports and analyses.
- §22-22-11. — Licensed remediation specialist, licensure procedures.
- §22-22-12. — Enforcement orders for licensed remediation specialists; cease and desist order; criminal penalties.
- §22-22-13. — Certificate of completion.
- §22-22-14. — Land-use covenant; criminal penalties.
- §22-22-15. — Reopeners.
- §22-22-16. — Duty of assessor and citizens to notify director when change of property use occurs.
- §22-22-17. — Public notification for brownfields.
- §22-22-18. — Environmental liability protection.
- §22-22-19. — Establishing and limiting the responsibilities of remediation contractors.
- §22-22-20. — Affirmative defenses.
- §22-22-21. — Savings clause.
- ARTICLE 22A. — WEST VIRGINIA LIMITED LIABILITY FOR PERSONS RESPONDING TO OIL DISCHARGES ACT.
- §22-22A-1. — Short title.
- §22-22A-2. — Definitions.
- §22-22A-3. — Exemption from liability.
- ARTICLE 22B. — UNIFORM ENVIRONMENTAL COVENANTS ACT.
- §22-22B-1. — Short title.
- §22-22B-2. — Definitions.
- §22-22B-3. — Nature of rights; subordination of interests.
- §22-22B-4. — Contents of environmental covenant.
- §22-22B-5. — Validity; effect on other instruments.
- §22-22B-6. — Relationship to other land-use law.
- §22-22B-7. — Notice.
- §22-22B-8. — Recording.
- §22-22B-9. — Duration; amendment by court action.
- §22-22B-10. — Amendment or termination by consent.
- §22-22B-11. — Enforcement of environmental covenant.
- §22-22B-12. — Uniformity of application and construction.
- §22-22B-13. — Relation to Electronic Signatures in Global and National Commerce Act.
- §22-22B-14. — Severability.
- ARTICLE 23. — KYOTO PROTOCOL; ENFORCEMENT PROHIBITIONS.
- §22-23-1. — Findings and purposes.
- §22-23-2. — Restrictions on state rules related to greenhouse gas emissions.
- ARTICLE 23A. — ENVIRONMENTAL IMPACT STATEMENT.
- §22-23A-1. — Findings.
- §22-23A-2. — Requiring department of environmental protection to refrain from implementing or adopting rules or making certain commitments absent legislative approval; reporting required.
- ARTICLE 24. — SMALL BUSINESS ENVIRONMENTAL LOAN PROGRAM.
- §22-24-1. — Legislative findings, intent and purpose.
- §22-24-2. — Definitions.
- §22-24-3. — Loan application requirements.
- §22-24-4. — Loan conditions.
- §22-24-5. — Small business environmental revolving loan account.
- §22-24-6. — Loan processing.
- ARTICLE 25. — ENVIRONMENTAL EXCELLENCE PROGRAM.
- §22-25-1. — Legislative findings.
- §22-25-2. — Purpose.
- §22-25-3. — Definitions.
- §22-25-4. — Powers and duties of the department.
- §22-25-5. — Eligibility and application requirements.
- §22-25-6. — Application review and authority to enter into environmental performance agreement.
- §22-25-7. — Judicial review of department decision on acceptance of application to participate in the environmental excellence program.
- §22-25-8. — Withdrawal, enforcement and termination from the program.
- §22-25-9. — Incentives.
- §22-25-10. — Environmental performance agreements; contents, and specifications.
- §22-25-11. — Recovery of costs to department in developing, negotiating and publicizing environmental performance agreement; deposition of moneys collected; creation of environmental excellence program administrative fund.
- §22-25-12. — Public participation.
- §22-25-13. — Review and repeal of the environmental excellence program.
- ARTICLE 26. — WATER RESOURCES PROTECTION ACT.
- §22-26-1. — Short title; legislative findings.
- §22-26-2. — Definitions.
- §22-26-3. — Waters claimed by state; water resources protection survey; need for study; registration requirements; agency cooperation; information gathering.
- §22-26-4. — Confidentiality.
- §22-26-5. — Joint legislative oversight commission on state water resources.
- §22-26-6. — Mandatory survey and registration compliance.
- ARTICLE 27. — ENVIRONMENTAL GOOD SAMARITAN ACT.
- §22-27-1. — Declaration of policy and purpose.
- §22-27-2. — Legislative findings.
- §22-27-3. — Definitions.
- §22-27-4. — Eligibility and project inventory.
- §22-27-5. — Landowner liability limitation and exceptions.
- §22-27-6. — Project sponsor liability limitation and exceptions.
- §22-27-7. — Permits and zoning.
- §22-27-8. — Relationship to federal and state programs.
- §22-27-9. — General permits.
- §22-27-10. — Exceptions.
- §22-27-11. — Water supply replacement.
- §22-27-12. — Rules.
- ARTICLE 28. — COMMUNITY INFRASTRUCTURE INVESTMENT PROJECTS.
- §22-28-1. — Legislative findings.
- §22-28-2. — Definitions.
- §22-28-3. — Creation of community infrastructure investment project; certificate of appropriateness; rule-making authority.
- §22-28-4. — Community infrastructure investment agreements; report to Joint Committee on Government and Finance.
- §22-28-5. — Authority of the Department of Environmental Protection and Division of Health not affected.
- §22-28-6. — Time for approval.
- §22-28-7. — Fees.
- §22-28-8. — Exemption from Public Service Commission approval.
- §22-28-9. — Rule-making authority.