West Virginia CHAPTER 22C. — ENVIRONMENTAL RESOURCES
- CHAPTER 22C. — ENVIRONMENTAL RESOURCES; BOARDS,
- ARTICLE 1. — WATER DEVELOPMENT AUTHORITY.
- §22C-1-1. — Short title.
- §22C-1-2. — Declaration of policy and responsibility; purpose and intent of article; findings.
- §22C-1-3. — Definitions.
- §22C-1-4. — Water Development Authority; Water Development Board; organization of authority and board; appointment of board members; their term of office, compensation and expenses; Director of Authority; compensation.
- §22C-1-5. — Authority may construct, finance, maintain, etc., water development projects; loans to governmental agencies are subject to terms of loan agreements.
- §22C-1-6. — Powers, duties and responsibilities of authority generally.
- §22C-1-7. — Power of authority to collect service charges and exercise other powers of governmental agencies in event of default; power to require governmental agencies to enforce their rights.
- §22C-1-8. — Expenditure of funds for study and engineering of proposed projects.
- §22C-1-9. — Authority empowered to issue water development revenue bonds, renewal notes and refunding bonds; requirements and manner of such issuance.
- §22C-1-10. — Trustee for bondholders; contents of trust agreement.
- §22C-1-11. — Trust agreements for related responsibilities; reimbursements.
- §22C-1-12. — Legal remedies of bondholders and trustees.
- §22C-1-13. — Bonds and notes not debt of state, county, municipality or of any political subdivision; expenses incurred pursuant to article.
- §22C-1-14. — Use of funds by authority; restrictions thereon.
- §22C-1-15. — Investment of funds by authority.
- §22C-1-16. — Rentals and other revenues from water development projects owned by the authority; contracts and leases of the authority; cooperation of other governmental agencies; bonds of such agencies.
- §22C-1-17. — Maintenance, operation and repair of projects; reports by authority to governor and Legislature.
- §22C-1-18. — Water development bonds lawful investments.
- §22C-1-19. — Purchase and cancellation of notes or bonds.
- §22C-1-20. — Refunding bonds.
- §22C-1-21. — Exemption from taxation.
- §22C-1-22. — Acquisition of property by authority -- Acquisition by purchase; governmental agencies authorized to convey, etc., property.
- §22C-1-23. — Same -- Acquisition under subdivision (10), section six of this article; property of public utilities and common carriers; relocation, restoration, etc., of highways and public utility facilities.
- §22C-1-24. — Financial interest in contracts prohibited; penalty.
- §22C-1-25. — Meetings and records of authority to be kept public.
- §22C-1-26. — Liberal construction of article.
- §22C-1-27. — Authorized limit on borrowing.
- ARTICLE 2. — WATER POLLUTION CONTROL REVOLVING FUND ACT.
- §22C-2-1. — Definitions.
- §22C-2-2. — Designation of division of environmental protection as state instrumentality for purposes of capitalization agreements with the United States environmental protection agency.
- §22C-2-3. — West Virginia water pollution control revolving fund; disbursement of fund moneys; administration of the fund.
- §22C-2-4. — Annual audit.
- §22C-2-5. — Collection of money due to the fund.
- §22C-2-6. — State construction grants program established; special fund.
- §22C-2-7. — Environmental review of funded projects.
- §22C-2-8. — Conflicting provisions.
- ARTICLE 3. — SOLID WASTE MANAGEMENT BOARD.
- §22C-3-1. — Short title.
- §22C-3-2. — Legislative findings; declaration of policy and responsibility; purpose and intent of article.
- §22C-3-3. — Definitions.
- §22C-3-4. — Solid waste management board; organization of board; appointment and qualification of board members; their term of office, compensation and expenses; director of board.
- §22C-3-5. — Board to designate and establish disposal sheds; construction, maintenance, etc., of disposal projects; loan agreements; compliance with federal and state law.
- §22C-3-6. — Powers, duties and responsibilities of board generally.
- §22C-3-7. — Development of state solid waste management plan.
- §22C-3-8. — Power of board to collect service charges and exercise other powers of governmental agencies in event of default; power to require governmental agencies to enforce their rights.
- §22C-3-9. — Development and designation of solid waste disposal sheds by board.
- §22C-3-10. — Board empowered to issue solid waste disposal revenue bonds, renewal notes and refunding bonds; requirements and manner of such issuance.
- §22C-3-11. — Establishment of reserve funds, replacement and improvement funds and sinking funds; fiscal agent; purposes for use of bond proceeds; application of surplus.
- §22C-3-12. — Legal remedies of bondholders.
- §22C-3-13. — Bonds and notes not debt of state, county, municipality or of any political subdivision; expenses incurred pursuant to article.
- §22C-3-14. — Use of funds, properties, etc., by board; restrictions thereon.
- §22C-3-15. — Audit of funds disbursed by the board and recipients thereof.
- §22C-3-16. — Rentals, fees, service charges and other revenues from solid waste disposal projects; contracts and leases of board; cooperation of other governmental agencies; bonds of such agencies.
- §22C-3-17. — Maintenance, operation and repair of projects; repair of damaged property; reports by board to governor and Legislature.
- §22C-3-18. — Solid waste disposal revenue bonds lawful investments.
- §22C-3-19. — Exemption from taxation.
- §22C-3-20. — Governmental agencies authorized to convey property.
- §22C-3-21. — Financial interest in contracts, projects, etc., prohibited; gratuities prohibited; penalty.
- §22C-3-22. — Conduct of proceedings of board.
- §22C-3-23. — Regulation of solid waste collectors and haulers to continue under public service commission; bringing about their compliance with solid waste disposal shed plan and solid waste disposal projects; giving testimony at commission hearings.
- §22C-3-24. — Cooperation of board and enforcement agencies in collecting and disposing of abandoned household appliances and motor vehicles, etc.
- §22C-3-25. — Liberal construction of article.
- §22C-3-26. — Supersedure over county and regional solid waste authorities.
- ARTICLE 4. — COUNTY AND REGIONAL SOLID WASTE AUTHORITIES.
- §22C-4-1. — Legislative findings and purposes.
- §22C-4-2. — Definitions.
- §22C-4-3. — Creation of county solid waste authority; appointment to board of directors; vacancies.
- §22C-4-4. — Establishment of regional solid waste authorities authorized; successor to county solid waste authorities; appointments to board of directors; vacancies.
- §22C-4-5. — Authorities as successor to county commissions and former county solid waste authorities.
- §22C-4-6. — Election by county commission to assume powers and duties of the county solid waste authority.
- §22C-4-7. — Management of authority vested in board of directors; expenses paid by county commissions, procedure.
- §22C-4-8. — Authority to develop litter and solid waste control plan; approval by solid waste management board; development of plan by director; advisory rules.
- §22C-4-9. — Assistance to county or regional solid waste authorities by the solid waste management board, division of natural resources, division of environmental protection, bureau of public health and the attorney general.
- §22C-4-9a. — Findings, Solid Waste Management Board performance reviews and measures, legislative rules, intervention of impaired authorities, establishment of uniform chart of accounts, financial examination requirements.
- §22C-4-10. — Mandatory disposal; proof required; penalty imposed; requiring solid waste management board and the public service commission to file report.
- §22C-4-11. — Acquisition of land; operation of public solid waste landfills and other facilities; restrictions on solid wastes generated outside authority area; fees.
- §22C-4-12. — Bonds and notes.
- §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-4-16. — Collection, etc., of revenues and funds and enforcement of covenants; default; suit, etc., by bondholder or noteholder or trustee to compel performance of duties; appointment and powers of receiver.
- §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-4-22. — Use of prisoners for litter pickup; funds provided from litter control fund; county commission, regional jail and correctional facility authority and sheriff to cooperate with solid waste authority.
- §22C-4-23. — Powers, duties and responsibilities of authority generally.
- §22C-4-24. — Commercial solid waste facility siting plan; facilities subject to plan; criteria; approval by Solid Waste Management Board; effect on facility siting; public hearings; rules.
- §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.
- §22C-4-29. — Judicial review of certificate of site approval.
- §22C-4-30. — Solid waste assessment interim fee; regulated motor carriers; dedication of proceeds; criminal penalties.
- ARTICLE 4A. — LOCAL PARTICIPATION; REFERENDUM.
- §22C-4A-1. — Local participation, legislative findings and purposes; referendum.
- §22C-4A-2. — Approval of new Class A facility.
- §22C-4A-3. — Referendum for approval of conversion of a Class B facility to a Class A facility.
- §22C-4A-4. — Approval of increase in maximum allowable monthly tonnage of Class A facilities.
- ARTICLE 5. — COMMERCIAL HAZARDOUS WASTE MANAGEMENT FACILITY SITING BOARD.
- §22C-5-1. — Short title.
- §22C-5-2. — Purpose and legislative findings.
- §22C-5-3. — Definitions.
- §22C-5-4. — Establishment of commercial hazardous waste management facility siting board; composition; appointment; compensation; powers; rules; and procedures.
- §22C-5-5. — Effect of certification.
- §22C-5-6. — Commercial hazardous waste management facility siting fund; fees.
- §22C-5-7. — Judicial review.
- §22C-5-8. — Remedies.
- ARTICLE 6. — HAZARDOUS WASTE FACILITY SITING APPROVAL.
- §22C-6-1. — Legislative purpose.
- §22C-6-2. — Definitions.
- §22C-6-3. — Procedure for public participation.
- ARTICLE 7. — ENVIRONMENTAL RESOURCES.
- §22C-7-1. — Oil and gas inspector; supervising inspectors; tenure; oath and bond.
- §22C-7-2. — Oil and gas inspectors; eligibility for appointment; qualifications; salary; expenses; removal.
- §22C-7-3. — Oil and gas inspectors' examining board created; composition; appointment, term and compensation of members; meetings; powers and duties generally.
- §22C-7-4. — Continuation of oil and gas inspectors' examining board.
- ARTICLE 8. — SHALLOW GAS WELL REVIEW BOARD.
- §22C-8-1. — Declaration of public policy; legislative findings.
- §22C-8-2. — Definitions.
- §22C-8-3. — Application of article; exclusions.
- §22C-8-4. — Shallow gas well review board; membership; method of appointment; vacancies; compensation and expenses; staff.
- §22C-8-5. — Same -- Meetings; notice; general powers and duties.
- §22C-8-6. — Rules; notice requirements.
- §22C-8-7. — Objections to proposed drilling; conferences; agreed locations and changes on plats; hearings; orders.
- §22C-8-8. — Distance limitations.
- §22C-8-9. — Application to establish a drilling unit; contents; notice.
- §22C-8-10. — Establishment of drilling units; hearings; orders.
- §22C-8-11. — Pooling of interests in a drilling unit; limitations.
- §22C-8-12. — Effect of order establishing drilling unit or pooling of interests; recordation.
- §22C-8-13. — Judicial review; appeal to supreme court of appeals; legal representation for board.
- §22C-8-14. — Operation on drilling units.
- §22C-8-15. — Validity of unit agreements.
- §22C-8-16. — Injunctive relief.
- §22C-8-17. — Penalties.
- §22C-8-18. — Construction.
- §22C-8-19. — Rules, orders and permits remain in effect.
- ARTICLE 9. — OIL AND GAS CONSERVATION.
- §22C-9-1. — Declaration of public policy; legislative findings.
- §22C-9-2. — Definitions.
- §22C-9-3. — Application of article; exclusions.
- §22C-9-4. — Oil and gas conservation commissioner and commission; commission membership; qualifications of members; terms of members; vacancies on commission; meetings; compensation and expenses; appointment and qualifications of commissioner; general powers and duties.
- §22C-9-4a. — Termination of commission.
- §22C-9-5. — Rules; notice requirements.
- §22C-9-6. — Waste of oil or gas prohibited.
- §22C-9-7. — Drilling units and the pooling of interests in drilling units in connection with deep oil or gas wells.
- §22C-9-8. — Secondary recovery of oil; unit operations.
- §22C-9-9. — Validity of unit agreements.
- §22C-9-10. — Hearing procedures.
- §22C-9-11. — Judicial review; appeal to supreme court of appeals; legal representation for commission.
- §22C-9-12. — Injunctive relief.
- §22C-9-13. — Special oil and gas conservation tax.
- §22C-9-14. — Penalties.
- §22C-9-15. — Construction.
- §22C-9-16. — Rules, orders and permits remain in effect.
- ARTICLE 10. — INTERSTATE MINING COMPACT.
- §22C-10-1. — Enactment of compact.
- §22C-10-2. — Bylaws of interstate mining commission.
- §22C-10-3. — Effective date.
- ARTICLE 11. — INTERSTATE COMMISSION ON THE POTOMAC RIVER BASIN.
- §22C-11-1. — Creation of commission; members; terms; compact with other political units.
- §22C-11-2. — Appointment of alternates.
- §22C-11-3. — Expenses of commission; appropriation; officers and employees; meetings.
- §22C-11-4. — Effective date; findings.
- §22C-11-5. — Restrictions.
- §22C-11-6. — Continuation of participation in compact.
- ARTICLE 12. — OHIO RIVER VALLEY WATER SANITATION COMMISSION.
- §22C-12-1. — Ohio River Valley Water Sanitation Compact approved.
- §22C-12-2. — Appointment of members of commission; director of division of environmental protection member ex officio.
- §22C-12-3. — Powers of commission; duties of state officers, departments, etc.; jurisdiction of circuit courts; enforcement of article.
- §22C-12-4. — Powers granted herein supplemental to other powers vested in commission.
- §22C-12-5. — Expenses of commission; appropriations; officers and employees; meetings.
- §22C-12-6. — When article effective; findings; continuation.