(a) Any person adversely affected by an order made and entered by the director in accordance with the provisions of this article, or aggrieved by failure or refusal of the director to act within the time required by section nine of this article on an application for a permit or aggrieved by the terms and conditions of a permit granted under the provisions of this article, may appeal to the environmental quality board for an order vacating or modifying such order, or for such order, action or terms and conditions as the director should have entered, taken or imposed.
(b) Notwithstanding the provisions of section nine, article one, chapter twenty-two-b of this code:
(1) Appeals from orders of the board in cases involving an order denying an application for a permit, or approving or modifying the terms and conditions of a permit, shall be filed, within the time specified in said section, in the circuit court of any county in which such modification is proposed to be made.
(2) Appeals from orders of the board in cases involving an order revoking or suspending a permit and directing any and all work on such modification to stop, or directing that affirmative action be taken to correct alleged and specified deficiencies concerning any such modification, shall be filed, within the time specified in said section, in the circuit court of any county in which any part of such modification is proposed to be made.
Structure West Virginia Code
Chapter 22. Environmental Resources
Article 13. Natural Streams Preservation Act
§22-13-2. Declaration of Public Policy
§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