West Virginia Code
Chapter 22. Environmental Resources

§22-1-15. Laboratory Certification; Rules; Fees; Revocation and Suspension; Environmental Laboratory Certification Fund; Programs Affected; and Appeals - (a) The director shall promulgate rules to require the certification...

§22-1-16. Time for Commencing Proceedings - Notwithstanding any provision of this code to the contrary, no...

§22-1-17. Special Reclamation Fund Advisory Council - (a) There is hereby created within the Department of Environmental...

Article 1A. Private Real Property Protection

§22-1A-1. Short Title - This article shall be known and may be cited as...

§22-1A-2. Legislative Findings and Purpose - It is the policy of this state that action by...

§22-1A-3. Actions by Division of Environmental Protection; Requirement for Assessment - (a) Whenever the Division of Environmental Protection considers any action...

§22-1A-4. Buffer Zones - (a) Prior to the Division of Environmental Protection requiring that...

§22-1A-5. Remedies - When a court of competent jurisdiction determines that action of...

§22-1A-6. Scope of Application - The provisions of this article only apply to the programs...

Article 2. Abandoned Mine Lands and Reclamation Act

§22-2-1. Short Title - This article shall be known and cited as the Abandoned...

§22-2-2. Legislative Findings; Intent and Purpose of Article; Jurisdiction and Authority of Director - The Legislature finds that there are a substantial number of...

§22-2-3. Definitions - (a) All definitions set forth in article three of this...

§22-2-4. Abandoned Land Reclamation Fund and Objectives of Fund; Lands Eligible for Reclamation - (a) All abandoned land reclamation funds available under Title IV...

§22-2-5. Powers and Duties of Director; Program Plans and Reclamation Projects - (a) The director shall submit to the secretary a state...

§22-2-6. Acquisition and Reclamation of Land Adversely Affected by Past Coal Surface-Mining Practices - (a) If the director makes a finding of fact that:...

§22-2-7. Liens Against Reclaimed Land; Petition by Landowner; Appeal; Priority of Liens - (a) Within six months after the completion of a project...

§22-2-8. Filling Voids and Sealing Tunnels - (a) The Legislature declares that voids, open and abandoned 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 - (a) The director is authorized to engage in any work...

§22-2-10. Benefits Derived From Substances Separated by Treatment of Pollution From Mine Drainage in the Waters of the State; Public Policy; Legislative Findings, Intent, and Purpose; Severability - (a) Public Policy. It is the long-standing public policy of...

Article 3. Surface Coal Mining and Reclamation Act

§22-3-1. Short Title - This article shall be known and cited as the Surface...

§22-3-2. Legislative Findings and Purpose; Jurisdiction Vested in Division of Environmental Protection; Authority of Secretary; Inter-Departmental Cooperation - (a) The Legislature finds that it is essential to the...

§22-3-3. Definitions - As used in this article, unless used in a context...

§22-3-4. Reclamation; Duties and Functions of Secretary - (a) The secretary shall administer the provisions of this article...

§22-3-5. Surface Mining Reclamation Supervisors and Inspectors; Appointment and Qualifications; Salary - The director shall determine the number of surface mining reclamation...

§22-3-6. Duties of Surface Mining Reclamation Inspectors and Inspectors in Training - Except as otherwise provided in this article, surface mining reclamation...

§22-3-7. Notice of Intention to Prospect, Requirements Therefor; Bonding; Secretary's Authority to Deny or Limit; Postponement of Reclamation; Prohibited Acts; Exceptions - (a) Any person intending to prospect for coal in an...

§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 - (a) No person may engage in surface mining operations unless...

§22-3-9. Permit Application Requirements and Contents - (a) The surface mining permit application shall contain: (1) The...

§22-3-10. Reclamation Plan Requirements - (a) Each reclamation plan submitted as part of a surface...

§22-3-11. Bonds; Amount and Method of Bonding; Bonding Requirements; Special Reclamation Tax and Funds; Prohibited Acts; Period of Bond Liability - (a) After a surface mining permit application has been approved...

§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 - (a) It is the intent of the Legislature to clarify...

§22-3-12. Site-Specific Bonding; Legislative Rule; Contents of Legislative Rule; Legislative Intent - (a) Notwithstanding the provisions of section eleven of this article,...

§22-3-13. General Environmental Protection Performance Standards for Surface Mining; Variances - (a) Any permit issued by the secretary pursuant to this...

§22-3-13a. Preblast Survey Requirements - (a) At least thirty days prior to commencing blasting, as...

§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 - (a) The director shall promulgate separate rules directed toward the...

§22-3-15. Inspections; Monitoring; Right of Entry; Inspection of Records; Identification Signs; Progress Maps - (a) The director shall cause to be made inspections of...

§22-3-16. Cessation of Operation by Order of Inspector; Informal Conference; Imposition of Affirmative Obligations; Appeal - (a) Notwithstanding any other provisions of this article, a surface-mining...

§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 - (a) If any of the requirements of this article, rules...

§22-3-18. Approval, Denial, Revision and Prohibition of Permit - (a) Upon the receipt of a complete surface-mining application or...

§22-3-19. Permit Revision and Renewal Requirements; Incidental Boundary Revisions; Requirements for Transfer; Assignment and Sale of Permit Rights; Operator Reassignment; and Procedures to Obtain Inactive Status - (a)(1) Any valid permit issued pursuant to this article carries...

§22-3-20. Public Notice; Written Objections; Public Hearings; Informal Conferences - (a) At the time of submission of an application for...

§22-3-21. Decision of Secretary on Permit Application; Hearing Thereon - (a) If an informal conference has been held, the secretary...

§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 - (a) The director shall establish a planning process to enable...

§22-3-22a. Blasting Restrictions; Site Specific Blasting Design Requirement - (a) For purposes of this section, the term "production blasting"...

§22-3-23. Release of Bond or Deposits; Application; Notice; Duties of Secretary; Public Hearings; Final Maps on Grade Release - (a) The permittee may file a request with the secretary...

§22-3-24. Water Rights and Replacement; Waiver of Replacement - (a) Nothing in this article affects in any way the...

§22-3-25. Citizen Suits; Order of Court; Damages - (a) Except as provided in subsection (b) of this section,...

§22-3-26. Surface Mining Operations Not Subject to Article - The provisions of this article do not apply to any...

§22-3-27. Leasing of Lands Owned by State for Surface Mining of Coal - No land or interest in land owned by the state...

§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 Commer... - (a) Except where exempted by section twenty-six of this article,...

§22-3-29. Experimental Practices - In order to encourage advances in surface mining and reclamation...

§22-3-30. Certification and Training of Blasters - The director is responsible for the training, examination and certification...

§22-3-30a. Blasting Requirements; Liability and Civil Penalties in the Event of Property Damage - (a) Blasting shall be conducted in accordance with the rules...

§22-3-31. Conflict of Interest Prohibited; Criminal Penalties Therefor; Employee Protection - (a) No employee of the division engaged in the enforcement...

§22-3-32. Special Tax on Coal Production; Mines and Minerals Operations Fund - (a) Imposition of tax. -- Upon every person in this...

§22-3-32a. Special Tax on Coal; Clarification of Imposition of Tax; Procedures for Collection and Administration of Tax - (a) It is the intent of the Legislature to clarify...

§22-3-33. Attorney Fees and Costs - (a) As a result of any administrative proceeding under this...

§22-3-34. Office of Explosives and Blasting Terminated; Transfer of Functions; Responsibilities, Personnel and Assets - The office of explosives and blasting within the Department of...

§22-3-35. Legislative Rules on Surface-Mining Blasting; Disciplinary Procedures for Certified Blasters - (a) All authority to promulgate rules pursuant to article three,...

§22-3-36. Claims Process for Blasting - (a) The Division of Mining and Reclamation shall establish and...

§22-3-37. Rules, Orders and Permits to Remain in Effect Regarding Blasting; Proceedings Not Affected - (a) All orders, determinations, rules, permits, grants, contracts, certificates, licenses,...

§22-3-38. Transfer of Personnel and Assets - The secretary shall transfer to the Division of Mining and...

Article 4. Quarry Reclamation Act

§22-4-1. Short Title - This article shall be known and may be cited as...

§22-4-2. Legislative Findings - The Legislature finds that: The extraction of noncoal minerals by...

§22-4-3. Definitions - Unless the context in which it is used clearly requires...

§22-4-4. Director of the Division of Environmental Protection; Powers and Duties - The Director of the Division of Environmental Protection is vested...

§22-4-5. Quarry Permit Requirements - (a) It is unlawful for any person to engage in...

§22-4-6. Application Review, Public Notice and Comment, and Permit Approval - (a) The director shall, upon receipt of an application for...

§22-4-7. Denial of Quarry Permit - (a) The director may deny a permit application, modification or...

§22-4-8. Limitations; Mandamus - The Legislature finds that there are certain areas in the...

§22-4-9. Permit Renewals and Revisions - (a) Any valid permit issued pursuant to this article carries...

§22-4-10. Modification of Permits - (a) Prior to expanding or otherwise altering quarrying operations beyond...

§22-4-11. Transfer of Permits - (a) When the interest of a permittee of any quarry...

§22-4-12. Preblast Survey Requirements - (a) For all new permits issued after the effective date...

§22-4-13. Blasting Restrictions; Blasting Formula; Filing Preplan; Site Specific Blasting Requirements; Penalties; Notice - (a) Where blasting of overburden or mineral is necessary, the...

§22-4-14. Performance Standards - Each permit issued by the director pursuant to this article...

§22-4-15. Groundwater Protection - The Groundwater Protection Act provisions contained in subsection (b), section...

§22-4-16. Water Rights and Replacement; Waiver of Replacement - (a) Nothing in this article affects the rights of any...

§22-4-17. Quarrying and Reclamation Plan - (a) The application for a new permit shall include a...

§22-4-18. Land Reclamation Requirements - (a) Quarries shall meet the final design requirements for slopes...

§22-4-19. Time Period for Reclamation - (a) The operator shall commence the reclamation of the incremental...

§22-4-20. Fiscal Responsibility - (a) Each applicant must provide a certificate of insurance issued...

§22-4-21. Release of Bonds - On completion of the reclamation, and after the requirements of...

§22-4-22. Bond Pooling Fund - (a) Quarry operators who have operated for five years without...

§22-4-23. Quarry Reclamation Fund - (a) All funds received by the division from forfeiture of...

§22-4-24. Orders, Inspections and Enforcement; Permit Revocation, Damages, Civil and Criminal Penalties - (a) The director may at reasonable times without prior notice...

§22-4-25. Appeals to Board - Any person claiming to be aggrieved or adversely affected by...

§22-4-26. Required Fees, Quarry Inspection and Enforcement Fund - The permit application fee is $1,000. The fee for the...

§22-4-27. Exception for Certain Existing Quarries - (a) Quarries that are in operation on or before the...

§22-4-28. Persons Ineligible for a Permit - No public officer or employee in the division having any...

§22-4-29. Exemptions - (a) The provisions of this article do not apply to...

Article 5. Air Pollution Control

§22-5-1. Declaration of Policy and Purpose - It is hereby declared to be the public policy of...

§22-5-2. Definitions - The terms used in this article are defined as follows:...

§22-5-3. Causing Statutory Pollution Unlawful; Article Not to Provide Persons With Additional Legal Remedies - It is unlawful for any person to cause a statutory...

§22-5-4. Powers and Duties of Director; and Legal Services; Rules - (a) The director is authorized: (1) To develop ways and...

§22-5-5. Issuance of Cease and Desist Orders by Director; Service; Permit Suspension, Modification and Revocation; Appeals to Board - If, from any investigation made by the director or from...

§22-5-6. Penalties; Recovery and Disposition; Duties of Prosecuting Attorneys - (a) Any person who violates any provision of this article,...

§22-5-7. Applications for Injunctive Relief - The director may seek an injunction against any person in...

§22-5-8. Emergencies - Whenever air pollution conditions in any area of the state...

§22-5-9. Powers Reserved to Secretary of the Department of Health and Human Resources, Commissioner of Bureau for Public Health, Local Health Boards and Political Subdivisions; Conflicting Statutes Repealed - Nothing in this article affects or limits the powers or...

§22-5-10. Records, Reports, Data or Information; Confidentiality; Proceedings Upon Request to Inspect or Copy - (a) All air quality data, emission data, permits, compliance schedules,...

§22-5-11. Construction, Modification or Relocation Permits Required for Stationary Sources of Air Pollutants - (a) Unless otherwise specifically provided in this article, no person...

§22-5-11a. Activities Authorized in Advance of Permit Issuance - (a) With respect to the modifications of nonmajor stationary sources,...

§22-5-12. Operating Permits Required for Stationary Sources of Air Pollution - No person may operate a stationary source of air pollutants...

§22-5-13. Consolidation of Permits - For permits required by sections eleven and twelve of this...

§22-5-14. Administrative Review of Permit Actions - Any person whose interest may be affected, including, but not...

§22-5-15. Motor Vehicle Pollution, Inspection and Maintenance - (a) As the state of knowledge and technology relating to...

§22-5-16. Small Business Environmental Compliance Assistance Program, Compliance Advisory Panel - The secretary of the Department of Commerce, labor, and environmental...

§22-5-17. Interstate Ozone Transport - (a) This section of the Air Pollution Control Act may...

§22-5-18. Market-Based Banking and Trading Programs, Emissions Credits; Director to Promulgate Rules - (a) The director shall propose legislative rules for promulgation in...

§22-5-19. Inventory of Greenhouse Gases - (a) The secretary shall establish a program to inventory greenhouse...

§22-5-20. Development of a State Plan Relating to Carbon Dioxide Emissions From Existing Fossil Fuel-Fired Electric Generating Units - The West Virginia Department of Environmental Protection shall propose a...

Article 6. Office of Oil and Gas; Oil and Gas Wells; Administration; Enforcement

§22-6-1. Definitions - As used in this article: (a) "Casing" means a string...

§22-6-2. Secretary -- Powers and Duties Generally; Department Records Open to Public; Inspectors - (a) The secretary shall have as his or her duty...

§22-6-2a. Oil and Gas Inspectors Qualifications and Salary - (a) No person is eligible for appointment as an oil...

§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 - (a) If an oil and gas inspector, upon making an...

§22-6-4. Review of Findings and Orders by Director; Special Inspection; Annulment, Revision, etc., of Order; Notice - (a) Any well operator, complaining coal operator, owner or lessee,...

§22-6-5. Requirements for Findings, Orders and Notices; Posting of Findings and Orders; Judicial Review of Final Orders of Director - (a) All findings and orders made pursuant to section three...

§22-6-6. Permit Required for Well Work; Permit Fee; Application; Soil Erosion Control Plan - (a) It is unlawful for any person to commence any...

§22-6-7. Water Pollution Control Permits; Powers and Duties of the Director; Penalties - (a) In addition to a permit for well work, the...

§22-6-8. Permits Not to Be on Flat Well Royalty Leases; Legislative Findings and Declarations; Permit Requirements - (a) The Legislature hereby finds and declares: (1) That a...

§22-6-9. Notice to Property Owners - (a) No later than the filing date of the application,...

§22-6-10. Procedure for Filing Comments; Certification of Notice - (a) All persons described in subsections (a) and (b), section...

§22-6-11. Review of Application; Issuance of Permit in the Absence of Objections; Copy of Permits to County Assessor - The director shall review each application for a well work...

§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 - (a) Before drilling for oil or gas, or before fracturing...

§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 - Before fracturing any well the well operator shall, by registered...

§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 - (a) Before drilling a well for the introduction of liquids...

§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 - (a) When a proposed deep well drilling site or oil...

§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 - (a) When a well is proposed to be drilled or...

§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 - When a proposed shallow well drilling site is above a...

§22-6-18. Protective Devices -- When Well Penetrates Workable Coal Bed; When Gas Is Found Beneath or Between Workable Coal Beds - (a) When a well penetrates one or more workable coal...

§22-6-19. Same -- Continuance During Life of Well; Dry or Abandoned Wells - In the event that a well becomes productive of natural...

§22-6-20. Same -- When Well Is Drilled Through Horizon of Coalbed From Which Coal Has Been Removed - When a well is drilled through the horizon of a...

§22-6-21. Same -- Installation of Fresh Water Casings - When a permit has been issued for the drilling of...

§22-6-22. Well Report, Logs, Core Samples, and Cuttings to Be Filed; Confidentiality and Permitted Use; Authority to Promulgate Rules; Reporting of Production Data for Horizontal Wells - (a) Within a reasonable time after the completion of the...

§22-6-23. Plugging, Abandonment and Reclamation of Well; Notice of Intention; Bonds; Affidavit Showing Time and Manner - All dry or abandoned wells or wells presumed to be...

§22-6-24. Methods of Plugging Well - Upon the abandonment or cessation of the operation of any...

§22-6-25. Introducing Liquid Pressure Into Producing Strata to Recover Oil Contained Therein - The owner or operator of any well or wells which...

§22-6-26. Performance Bonds; Corporate Surety or Other Security - (a) No permit shall be issued pursuant to this article...

§22-6-27. Cause of Action for Damages Caused by Explosions - Any person suffering personal injury or property damage due to...

§22-6-28. Supervision by Director Over Drilling and Reclamation Operations; Complaints; Hearings; Appeals - (a) The director shall exercise supervision over the drilling, casing,...

§22-6-29. Operating Permit and Processing Fund; Special Reclamation Fund; Fees - (a) There is hereby continued within the Treasury of the...

§22-6-29a. Oil and Gas Abandoned Well Plugging Fund - (a)(1) This section may be referred to as the Oil...

§22-6-30. Reclamation Requirements - The operator of a well shall reclaim the land surface...

§22-6-31. Preventing Waste of Gas; Plan of Operation Required for Wasting Gas in Process of Producing Oil; Rejection Thereof - Natural gas shall not be permitted to waste or escape...

§22-6-32. Right of Adjacent Owner or Operator to Prevent Waste of Gas; Recovery of Cost - If the owner or operator of any such well shall...

§22-6-33. Restraining Waste - Aside from and in addition to the imposition of any...

§22-6-34. Offenses; Penalties - (a) Any person or persons, firm, partnership, partnership association or...

§22-6-35. Civil Action for Contamination or Deprivation of Fresh Water Source or Supply; Presumption - In any action for contamination or deprivation of a fresh...

§22-6-36. Declaration of Oil and Gas Notice by Owners and Lessees of Coal Seams - For purposes of notification under this article, any owner or...

§22-6-37. Rules, Orders and Permits Remain in Effect - The rules promulgated and all orders and permits in effect...

§22-6-38. Application of Article; Exclusions - This article shall not apply to or affect any well...

§22-6-39. Injunctive Relief - (a) In addition to other remedies, and aside from various...

§22-6-40. Appeal From Order of Issuance or Refusal of Permit to Drill or Fracture; Procedure - Any party to the proceeding under section fifteen of this...

§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 - Any party to the proceedings under section sixteen of this...

Article 6A. Natural Gas Horizontal Well Control Act

§22-6A-1. Short Title - This article shall be known and cited as the Horizontal...

§22-6A-2. Legislative Findings; Declaration of Public Policy - (a) The Legislature finds that: (1) The advent and advancement...

§22-6A-3. Applicability; Exceptions - Notwithstanding any other provision of this code to the contrary,...

§22-6A-3a. Karst Terrain; Rulemaking - (a) Because drilling horizontal wells in naturally occurring karst terrain...

§22-6A-4. Definitions - (a) All definitions set forth in article six of this...

§22-6A-5. Application of Article Six of This Chapter to Horizontal Wells Subject to This Article - (a) To the extent that horizontal wells governed by this...

§22-6A-6. Secretary of Department of Environmental Protection; Powers and Duties - (a) The secretary is vested with jurisdiction over all aspects...

§22-6A-7. Horizontal Well Permit Required; Permit Fee; Application; Soil Erosion Control Plan; Well Site Safety Plan; Site Construction Plan; Water Management Plan; Permit Fee; Installation of Permit Number; Suspension and Transfer of a Permit - (a) It is unlawful for any person to commence any...

§22-6A-7a. Modifications of Permits - A permit issued pursuant to this article may be modified...

§22-6A-8. Review of Application; Issuance of Permit; Performance Standards; Copy of Permits to County Assessor - (a) The secretary shall review each application for a well...

§22-6A-9. Certificate of Approval Required for Large Pits or Impoundment Construction; Certificate of Approval and Annual Registration Fees; Application Required to Obtain Certificate; Term of Certificate; Revocation or Suspension of Certificates; Ap... - (a) The Legislature finds that large impoundments and pits (i.e....

§22-6A-10. Notice to Property Owners - (a) Prior to filing a permit application, the operator shall...

§22-6A-10a. Method of Delivery of Notice - Notwithstanding any provision of this article to the contrary, all...

§22-6A-11. Procedure for Filing Written Comments; Procedures for Considering Objections and Comments; Issues to Be Considered; and Newspaper Notice - (a) All persons described in subsection (b), section ten of...

§22-6A-12. Well Location Restrictions - (a) Wells may not be drilled within two hundred fifty...

§22-6A-13. Plugging of Horizontal Wells - The secretary shall propose legislative rules for promulgation to govern...

§22-6A-14. Reclamation Requirements - (a) The operator of a horizontal well shall reclaim the...

§22-6A-15. Performance Bonds; Corporate Surety or Other Security - (a) No permit may be issued pursuant to this article...

§22-6A-16. Compensation of Surface Owners for Drilling Operations - (a) The provisions of article seven of this chapter do...

§22-6A-17. Reimbursement of Property Taxes of Encumbered Properties - In addition to any compensation owed by the operator to...

§22-6A-18. Civil Action for Contamination or Deprivation of Fresh Water Source or Supply; Presumption; Water Rights and Replacement; Waiver of Replacement - (a) Nothing in this article affects in any way the...

§22-6A-19. Offenses; Civil and Criminal Penalties - (a) Any person or persons, firm, partnership, partnership association or...

§22-6A-20. Division of Highways Certification - As part of the permit application for horizontal wells, the...

§22-6A-21. Establishment of Public Website Information and Electronic Notification Registry Regarding Horizontal Well Permit Applications - (a) No later than ninety days after the effective date...

§22-6A-22. Air Quality Study and Rulemaking - The secretary shall, by July 1, 2013, report to the...

§22-6A-23. Impoundment and Pit Safety Study; Rulemaking - The secretary shall, by January 1, 2013, report to the...

§22-6A-24. Casing and Cement Standards - (a) The operator may only drill through fresh groundwater zones...

Article 6B. Oil and Gas Horizontal Well Production Damage Compensation

§22-6B-1. Legislative Findings and Purpose; Applicability - (a) The Legislature finds the following: (1) Exploration for and...

§22-6B-2. Definitions - In this article: (1) "Drilling operations" means the actual drilling...

§22-6B-3. Compensation of Surface Owners for Drilling Operations - (a) The oil and gas developer is obligated to pay...

§22-6B-4. Common Law Right of Action Preserved; Offsets - (a) Nothing in section three or elsewhere in this article...

§22-6B-5. Notification of Claim - Any surface owner, to receive compensation under section three of...

§22-6B-6. Agreement; Offer of Settlement - Unless the parties provide otherwise by written agreement, within sixty...

§22-6B-7. Rejection; Legal Action; Arbitration; Fees and Costs - (a)(1) Unless the oil and gas developer has paid the...

§22-6B-8. Application of Article - The remedies provided by this article do not preclude any...

Article 7. Oil and Gas Production Damage Compensation

§22-7-1. Legislative Findings and Purpose - (a) The Legislature finds the following: (1) Exploration for and...

§22-7-2. Definitions - (a) In this article, unless the context or subject matter...

§22-7-3. Compensation of Surface Owners for Drilling Operations - (a) The oil and gas developer shall be obligated to...

§22-7-4. Common Law Right of Action Preserved; Offsets - (a) Nothing in section three or elsewhere in this article...

§22-7-5. Notification of Claim - Any surface owner, to receive compensation under section three of...

§22-7-6. Agreement; Offer of Settlement - Unless the parties provide otherwise by written agreement, within sixty...

§22-7-7. Rejection; Legal Action; Arbitration; Fees and Costs - (a) Unless the oil and gas developer has paid the...

§22-7-8. Application of Article - The remedies provided by this article shall not preclude any...

Article 8. Transportation of Oils

§22-8-1. Scope of Article - Every person, corporation or company now engaged, or which shall...

§22-8-2. Duty of Pipeline Companies to Accept and Transport Oil - Any company heretofore or hereafter organized for the purpose of...

§22-8-3. Oil of 35 Degrees Baume at 60 Degrees Fahrenheit; Inspection, Grading and Measurement; Receipt; Deduction for Waste - All petroleum of a gravity of thirty-five degrees Baume or...

§22-8-4. Oil Over 35 Degrees Baume at 60 Degrees Fahrenheit; Inspection and Measurement; Loss - All petroleum of a gravity exceeding thirty-five degrees Baume, at...

§22-8-5. Lien for Charges - Any company engaged in transporting or storing petroleum shall have...

§22-8-6. Accepted Orders and Certificates for Oil -- Negotiability - Accepted orders and certificates for petroleum, issued by any company...

§22-8-7. Same -- Further Provisions - No receipt, certificate, accepted order or other voucher shall be...

§22-8-8. Dealing in Oil Without Consent of Owner - No company, its officers or agents, or any person or...

§22-8-9. Monthly Statements - Every company now or hereafter engaged in the business of...

§22-8-10. Statements of Amount of Oil - All amounts in the statements required by this article, when...

§22-8-11. Penalty -- Wrongful Issuance, Sale or Alteration of Receipts, Orders, etc. - Any company, or its officers or agents, who shall make...

§22-8-12. Same -- Dealing in Oil Without Consent of Owner in Interest - Any company, its officers or agents, who shall sell, encumber,...

§22-8-13. Same -- Failure to Make Report and Statement - Any company engaged in the business of transporting by pipelines...

Article 9. Underground Gas Storage Reservoirs

§22-9-1. Definitions - In this article unless the context otherwise requires: (1) The...

§22-9-2. Filing of Maps and Data by Persons Operating or Proposing to Operate Gas Storage Reservoirs - (a) Any person who, on June 8, 1955, is injecting...

§22-9-3. Filing of Maps and Data by Persons Operating Coal Mines - (a) Any person owning or operating a coal mine, who...

§22-9-4. Notice by Persons Operating Coal Mines - (a) Any person owning or operating a coal mine on...

§22-9-5. Obligations to Be Performed by Persons Operating Storage Reservoirs - (a) Any person who, on or after June 8, 1955,...

§22-9-6. Inspection of Facilities and Records; Reliance on Maps; Burden of Proof - (a) In determining whether a particular coal mine or operating...

§22-9-7. Exemptions - (a) The provisions of this article shall not apply to...

§22-9-8. Alternative Method - (a) Whenever provision is made in this article by reference...

§22-9-9. Powers and Duties of Director - (a) The director may review the maps and data filed...

§22-9-10. Conferences, Hearings and Appeals - (a) The director or any person having a direct interest...

§22-9-11. Enforcement - (a) The director or any person having a direct interest...

§22-9-12. Penalties - Any person who shall willfully violate any order of the...

§22-9-13. Orders Remain in Effect - All orders in effect upon the effective date of this...

Article 10. Abandoned Well Act

§22-10-1. Short Title - This article may be cited as Abandoned Well Act.

§22-10-2. Legislative Findings; Legislative Statement of Policy and Purpose - (a) The Legislature finds and declares that: (1) Oil and...

§22-10-3. Definitions - Unless the context in which it is used clearly requires...

§22-10-4. Financial Responsibility -- Applicability - (a) Operators of all wells, not otherwise required to demonstrate...

§22-10-5. Financial Responsibility -- Amount - The financial responsibility requirements applicable to all wells shall be...

§22-10-6. Establishment of Priorities for Plugging Expenditures - (a) The director shall promulgate legislative rules establishing a priority...

§22-10-7. Right of Interested Person to Plug, Replug and Reclaim Abandoned Wells - (a) Upon twenty days' advance written notice, it shall be...

§22-10-8. Arbitration; Fees and Costs - (a) If the interested person who plugs a well and...

§22-10-9. Civil Penalties - (a) Any person who fails to plug an abandoned well...

§22-10-10. Rulemaking; Procedure; Judicial Review - (a) The director shall have the power and authority to...

§22-10-11. Existing Rights and Remedies Preserved - (a) It is the purpose of this article to provide...

§22-10-12. Provisions of Article Supplemental - The provisions of this article shall be in addition to...

Article 11. Water Pollution Control Act

§22-11-1. Short Title - This article may be known and cited as the Water...

§22-11-2. Declaration of Policy - (a) It is declared to be the public policy of...

§22-11-3. Definitions - Unless the context in which used clearly requires a different...

§22-11-4. General Powers and Duties of Director With Respect to Pollution - (a) In addition to all other powers and duties the...

§22-11-5. Water Areas Beautification; Investigations; Law Enforcement - The division shall maintain a program and practices in the...

§22-11-6. Requirement to Comply With Standards of Water Quality and Effluent Limitations - (a) All persons affected by rules establishing water quality standards...

§22-11-7. Cooperation With Other Governments and Agencies - The office of water resources is hereby designated as the...

§22-11-7a. Certification Agreements; Required Provisions - (a) Any applicant for the water quality certification that seeks...

§22-11-7b. Water Quality Standards; Implementation of Antidegradation Procedures; Procedure to Determine Comp1iance With the Biologic Component of the Narrative Water Quality Standard - NOTE: During the 2017 Regular Session of the Legislature, this...

§22-11-8. Prohibitions; Permits Required - (a) The secretary may, after public notice and opportunity for...

§22-11-9. Form of Application for Permit; Information Required - The chief shall prescribe a form of application for all...

§22-11-10. Water Quality Management Fund Established; Permit Application Fees; Annual Permit Fees; Dedication of Proceeds; Rules - (a) The special revenue fund designated the Water Quality Management...

§22-11-11. Procedure Concerning Permits Required Under Article; Transfer of Permits; Prior Permits - (a) The chief or his or her duly authorized representatives...

§22-11-12. Inspections; Orders to Compel Compliance With Permits; Service of Orders - After issuance of the division's permit for any activity the...

§22-11-13. Voluntary Water Quality Monitors; Appointment; Duties; Compensation - The director is hereby authorized to appoint voluntary water quality...

§22-11-14. Information to Be Filed by Certain Persons With Division; Tests - Any and all persons directly or indirectly discharging or depositing...

§22-11-15. Orders of Director to Stop or Prevent Discharges or Deposits or Take Remedial Action; Service of Orders - If the director, on the basis of investigations, inspections and...

§22-11-16. Compliance With Orders of Director - Any person upon whom any order of the director or...

§22-11-17. Power of Eminent Domain; Procedures; Legislative Finding - (a) When any person who is owner of an establishment...

§22-11-18. Duty to Proceed With Remedial Action Promptly Upon Receipt of Permit; Progress Reports Required; Finances and Funds - When any person is ordered to take remedial action and...

§22-11-19. Emergency Orders - Whenever the director finds that any discharge, release, escape, deposit...

§22-11-20. Control by State as to Pollution; Continuing Jurisdiction - No right to violate the rules of the board or...

§22-11-21. Appeal to Environmental Quality Board - Any person adversely affected by an order made and entered...

§22-11-22. Civil Penalties and Injunctive Relief; Administrative Penalties - (a) Any person who violates any provision of any permit...

§22-11-22a. Civil Penalties and Injunctive Relief; Civil Administrative Penalties for Coal Mining Operations - (a) Any person who holds a permit to operate a...

§22-11-23. Priority of Actions - All applications under section twenty-two of this article and all...

§22-11-24. Violations; Criminal Penalties - (a) Any person who causes pollution or who fails or...

§22-11-25. Civil Liability; Natural Resources Game Fish and Aquatic Life Fund; Use of Funds - If any loss of game fish or aquatic life results...

§22-11-26. Exceptions as to Criminal Liabilities - The criminal liabilities may not be imposed pursuant to section...

§22-11-27. Existing Rights and Remedies Preserved; Article for Benefit of State Only - It is the purpose of this article to provide additional...

§22-11-28. Functions, Services and Reports of Director of the Division; Obtaining Information From Others - The director shall make surveys and investigations of the water...

§22-11-29. Reimbursement of Response Costs - (a) The secretary may recover through civil action or cooperative...

§22-11-30. Chesapeake Bay Restoration Initiative - (a) The Legislature finds and declares that: (1) The Chesapeake...

Article 11A. Carbon Dioxide Sequestration Pilot Program

§22-11A-1. Legislative Findings - (a) The Legislature finds that: (1) Carbon dioxide is a...

§22-11A-2. Definitions - Unless the context in which used clearly requires a different...

§22-11A-3. Prohibition of Underground Carbon Dioxide Sequestration Without a Permit; Injection of Carbon Dioxide for the Purpose of Enhancing the Recovery of Oil or Other Minerals Not Subject to the Provisions of This Article, Application to Existing... - (a) The provisions of 22-11-1 et seq. of this code...

§22-11A-4. General Powers and Duties of the Secretary With Respect to Carbon Dioxide Sequestration - (a) The secretary, after receiving public comment and after consultation...

§22-11A-5. Permit Application Requirements and Contents; Permit Application Fees - (a) A carbon dioxide sequestration permit application shall include: (1)...

§22-11A-6. Carbon Dioxide Sequestration Working Group - (a) The secretary shall establish the carbon dioxide sequestration working...

§22-11A-7. Reporting and Accountability - The department shall include within the reports to the Legislature...

§22-11A-8. Oil, Natural Gas and Coalbed Methane Activities at Carbon Dioxide Sequestration Sites; Extraction of Sequestered Carbon Dioxide - (a) Nothing in this article shall be deemed to affect...

§22-11A-9. Cooperative Agreements - The secretary is authorized to enter into cooperative agreements with...

Article 11B. Underground Carbon Dioxide Sequestration and Storage

§22-11B-1. Statement of Purpose - It is the purpose of this article to: (1) Foster,...

§22-11B-2. Definitions - Unless the context clearly requires a different meaning, as used...

§22-11B-3. Prohibition of Underground Carbon Dioxide Sequestration Without a Permit; Injection of Carbon Dioxide for the Purpose of Enhancing the Recovery of Oil or Other Minerals Not Subject to the Provisions of This Article - (a) It is unlawful for any person to commence work...

§22-11B-4. Permit Application Requirements and Contents; Application Fee, Required Findings, and Rulemaking - (a) Every permit application filed under this article shall be...

§22-11B-5. Public Participation in Permit Process, Notices, Public Hearing - (a) Public notice of an application for a permit required...

§22-11B-6. Permit and Order Provisions; Identification of Agent - (a) The secretary may include in any permit or order...

§22-11B-7. Additional Rulemaking Authority - In addition to the rules specified in 22-11B-4 of this...

§22-11B-8. Environmental Protection, Other Law - (a) For the purposes of this article and in all...

§22-11B-9. Oil, Natural Gas and Coalbed Methane Activities at Carbon Dioxide Sequestration Sites; Extraction of Sequestered Carbon Dioxide - (a) Nothing in this article shall be deemed to affect...

§22-11B-10. Cooperative Agreements - The secretary is authorized to enter into cooperative agreements with...

§22-11B-11. Ownership of Carbon Dioxide - The storage operator shall be the owner of the carbon...

§22-11B-12. Certificate of Project Completion, Release, Transfer of Title and Custody, Filing - (a) After carbon dioxide injections into a reservoir end and...

§22-11B-13. Carbon Dioxide Storage Facility Administrative Fund - (a) There is hereby created in the State Treasury a...

§22-11B-14. Application Fee, Deposit, Use in Cooperative Regulatory Functions - Permit applicants and operators seeking completion certificates shall pay the...

§22-11B-15. Carbon Dioxide Storage Facility Trust Fund - (a) There is hereby created in the State Treasury a...

§22-11B-16. Operation Fee, Use, Report to Legislature - (a) Storage operators shall pay the secretary a fee on...

§22-11B-17. Determining Storage Amounts, Carbon Credits, Fee - (a) The secretary, under procedures and criteria developed by legislative...

§22-11B-18. Subsurface Pore Space or Container Space - (a) Title to pore space in all strata underlying the...

§22-11B-19. Co-Tenants, Ownership of Pore Space by Multiple Co-Tenants and Collective Storage - (a) If a storage operator does not obtain the consent...

§22-11B-20. Funds to Be Held in Trust for Unknown or Unlocatable Owners - The storage operator shall hold all funds of unknown or...

§22-11B-21. Judicial Review - Any person aggrieved by a final decision of the department...

Article 12. Groundwater Protection Act

§22-12-1. Short Title - This article may be known and cited as the Groundwater...

§22-12-2. Legislative Findings, Public Policy and Purposes - (a) The Legislature finds that: (1) West Virginia has relatively...

§22-12-3. Definitions - Unless the context in which used clearly requires a different...

§22-12-4. Authority of Secretary to Promulgate Standards of Purity and Quality - (a) The secretary has the sole and exclusive authority to...

§22-12-5. Authority of Other Agencies; Applicability - (a) Notwithstanding any other provision of this code to the...

§22-12-6. Lead Agency Designation; Additional Powers and Duties - (a) The Division of Environmental Protection is hereby designated to...

§22-12-7. Groundwater Coordinating Committee; Creation - (a) The state groundwater coordinating committee is continued. It consists...

§22-12-8. Groundwater Certification - (a) To ensure a comprehensive, consistent and unfragmented approach to...

§22-12-9. Groundwater Protection Fees Authorized; Director to Promulgate Rules; Dedication of Fee Proceeds; Groundwater Protection Fund Established; Groundwater Remediation Fund Established - (a) The Director of the Division of Environmental Protection shall...

§22-12-10. Civil and Criminal Penalties; Civil Administrative Penalties; Dedication of Penalty Proceeds; Injunctive Relief; Enforcement Orders; Hearings - (a) Any person who violates any provision of this article,...

§22-12-11. Appeal Procedures - Any person having an interest which is or may be...

§22-12-12. Rule-Making Petition - Any person may petition the appropriate rule-making agency for rule...

§22-12-13. Existing Rights and Remedies Preserved; Effect of Compliance - (a) It is the purpose of this article to provide...

§22-12-14. Effective Dates of Provisions Subject to Federal Approval - To the extent that this article modifies any powers, duties,...

Article 13. Natural Streams Preservation Act

§22-13-1. Short Title - This article may be known and cited as the Natural...

§22-13-2. Declaration of Public Policy - In order to assure that an increasing population, accompanied by...

§22-13-3. Definitions - Unless the context, in which used, clearly requires a different...

§22-13-4. Establishment of Natural Stream Preservation System - For the purpose of implementing the public policy declared in...

§22-13-5. Designation of Protected Streams - The following streams are hereby designated as protected streams within...

§22-13-6. General Powers and Duties of Director With Respect to Protected Streams - (a) In addition to all other powers and duties of...

§22-13-7. When Permits Required; When Permits Not to Be Issued - (a) It is unlawful for any person, until the department's...

§22-13-8. Application for Permit; Form of Application; Information Required; Fees - The director shall prescribe a form of application for all...

§22-13-9. Procedure for Issuance or Denial of Permit; Transfer of Permits - (a) Before issuing a permit, a public hearing shall be...

§22-13-10. Inspections; Orders to Compel Compliance With Permits; Service of Order - After issuance of the division's permit for any such modification,...

§22-13-11. Appeal to Environmental Quality Board - (a) Any person adversely affected by an order made and...

§22-13-12. Actions to Abate Nuisances; Injunctive Relief - Whether any violation of the provisions of this article or...

§22-13-13. Priority of Actions - All applications under section twelve of this article and all...

§22-13-14. Violations; Criminal Penalties - Any person who fails or refuses to discharge any duty...

§22-13-15. Exceptions as to Criminal Liabilities - The criminal liabilities provided for in section fourteen of this...

Article 14. Dam Control Act

§22-14-1. Short Title - This article shall be known and cited as the Dam...

§22-14-2. Legislative Findings; Intent and Purpose of Article - The Legislature finds that dams may constitute a potential hazard...

§22-14-3. Definition of Terms Used in Article - As used in this article, unless used in a context...

§22-14-4. General Powers and Duties of Director; Maximum Fee Established for Certificates of Approval and Annual Registration - The secretary has the following powers and duties: (a) To...

§22-14-5. Unlawful to Place, Construct, Enlarge, Alter, Repair, Remove or Abandon Dam Without Certificate of Approval; Application Required to Obtain Certificate - It is unlawful for any person to place, construct, enlarge,...

§22-14-6. Plans and Specifications for Dams to Be in Charge of Registered Professional Engineer - Plans and specifications for the placement, construction, enlargement, alteration, repair...

§22-14-7. Granting or Rejecting Applications for Certificate of Approval by Division; Publication of Notice of Application; Hearing Upon Application - Upon receipt of an application for a certificate of approval...

§22-14-8. Content of Certificates of Approval for Dams; Revocation or Suspension of Certificates - Each certificate of approval issued by the secretary under the...

§22-14-9. Inspections During Progress of Work on Dam - During the placement, construction, enlargement, repair, alteration or removal of...

§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 - The owner of a dam has the primary responsibility for...

§22-14-11. Requirements for Dams Completed Prior to Effective Date of This Section - The secretary shall give notice to file an application for...

§22-14-12. Dam Owner Not Relieved of Legal Responsibilities by Any Provision of Article - Nothing in this article relieves the owner of a dam...

§22-14-13. Offenses and Penalties - (a) Any person who violates any of the provisions of...

§22-14-14. Enforcement Orders; Hearings - (a) If the secretary, upon inspection, investigation or through other...

§22-14-15. Civil Penalties and Injunctive Relief - (a) Any person who violates any provision of this article,...

§22-14-16. Schedule of Application Fees Established - The secretary shall promulgate rules in accordance with the provisions...

§22-14-17. Schedule of Annual Registration Fees Established - The secretary shall promulgate rules in accordance with the provisions...

§22-14-18. Continuation of Dam Safety Fund; Components of Fund - (a) The special fund designated the Dam Safety Fund hereinafter...

§22-14-19. Dam Safety Rehabilitation Revolving Fund Established; Disbursement of Fund Moneys - (a) There is created in the state Treasury a special...

§22-14-20. Dam Safety Rehabilitation Revolving Fund Program - (a) The secretary shall develop a state list of deficient...

§22-14-21. Collection of Money Due to the Fund - (a) In order to ensure the timely payment of all...

§22-14-22. Authority of Department of Environmental Protection for Deficient Dams That Are Privately Owned by a Noncompliant Dam Owner - (a) The secretary may assume full charge and responsibility over...

Article 15. Solid Waste Management Act

§22-15-1. Purpose and Legislative Findings - (a) The purpose of this article is to establish a...

§22-15-2. Definitions - Unless the context clearly requires a different meaning, as used...

§22-15-3. Special Provision for Wood Waste - (a) The purpose of this section is to allow for...

§22-15-4. Authority of Commissioner of Bureau of Public Health - Although the director is primarily responsible for the permitting and...

§22-15-5. Powers and Duties; Rules and Rulemaking - In addition to all other powers, duties, responsibilities and authority...

§22-15-6. Fee for Filing a Certificate of Site Approval - The fee for the certificate of site approval is $25...

§22-15-7. Special Provision for Residential Solid Waste Disposal - All commercial and public landfills shall establish and publish a...

§22-15-8. Limit on the Size of Solid Waste Facilities; Rulemaking - (a) On and after October 1, 1991, it is unlawful...

§22-15-9. Exemption for Solid Waste Facility Handling in Excess of Thirty Thousand Tons per Month - (a) Notwithstanding any provision in this article, article four, chapter...

§22-15-10. Prohibitions; Permits Required - (a) Open dumps are prohibited and it is unlawful for...

§22-15-11. Solid Waste Assessment Fee; Penalties - (a) Imposition. (1) A solid waste assessment fee is hereby...

§22-15-12. Performance Bonds; Amount and Method of Bonding; Bonding Requirements; Period of Bond Liability - (a) After a solid waste permit application has been approved...

§22-15-13. Pre-Siting Notice - Any person investigating an area for the purpose of siting...

§22-15-14. Limitations on Permits; Encouragement of Recycling - (a) The director shall by rules promulgated in accordance with...

§22-15-15. Orders, Inspections and Enforcement; Civil and Criminal Penalties - (a) If the secretary, upon inspection or investigation by duly...

§22-15-16. Appeal Procedures - Any person having an interest which is or may be...

§22-15-17. Limited Extension of Solid Waste Facility Closure Deadline - (a) The director may grant an extension of the closure...

§22-15-18. Condition on Receiving Permit - (a) Notwithstanding any other provision of this code, a permit...

§22-15-19. Municipal and Commercial Solid Waste Incineration and Backhauling Prohibited; Exceptions - (a) Notwithstanding any other provision of this code to the...

§22-15-20. Sewage Sludge Management - (a) Within the limits imposed by section eight, article fifteen...

§22-15-21. Waste Tire Management - (a) No person, except those persons who have received and...

§22-15-22. Sludge Management - (a) Any sludge or other material determined by the secretary...

§22-15-23. Water Treatment Plant Sludge - (a) Water treatment plant sludge determined by the secretary to...

§22-15-24. Composting Authorized - (a) Notwithstanding any provision of this code to the contrary,...

Article 15A. The A. James Manchin Rehabilitation Environmental Action Plan

§22-15A-1. Legislative Findings and Purpose - (a) The Legislature finds that litter is a public nuisance...

§22-15A-2. Definitions - Unless the context clearly indicates a different meaning or defined...

§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 - (a) After July 1, 2005, the litter control and recycling...

§22-15A-3a. Creation of Adopt-a-Stream Program Required - (a) The Adopt-A-Highway Program was established in the late 1980s...

§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 - (a) (1) A person may not place, deposit, dump, throw,...

§22-15A-5. Litter Pickup and Removal; Education; Government Recycling Responsibilities; Monitoring and Evaluation; Study Commission; Repeal; Report to Legislature - (a) Litter pickup and removal. -- (1) Each county commission...

§22-15A-6. Assistance to Solid Waste Authorities - The Secretary may expend funds from the Litter Control Fund...

§22-15A-7. Pollution Prevention and Open Dumps - (a) The Secretary shall establish the Pollution Prevention and Open...

§22-15A-8. Waste Tires Prohibited in Certain Places; Penalty - The Waste Tire Remediation Program heretofore under the jurisdiction of...

§22-15A-9. Creation of the A. James Manchin Fund; Proceeds From Sale of Waste Tires; Fee on Issuance of Certificate of Title - (a) There is continued in the state Treasury a special...

§22-15A-10. Department to Administer Funds for Waste Tire Remediation; Rules Authorized; Duties of Secretary - (a) The department shall administer all funds made available to...

§22-15A-11. Disposal of Waste Tires - (a) The department may sell waste tires collected during remediation...

§22-15A-12. Remediation; Liability for Remediation and Court Costs - (a) Any person who has, prior or subsequent to the...

§22-15A-13. Injunctive Relief; Additional Remedy - In addition to all other remedies provided in this article,...

§22-15A-14. Authority of Commissioner of Bureau for Public Health - Although the secretary is primarily responsible for remediation of waste...

§22-15A-16. Recycling Goals - By January 1, 2010, it is the goal of this...

§22-15A-17. Recycling Plans - (a) Each county or regional solid waste authority, as part...

§22-15A-18. Establishment of County Recycling Programs for Solid Waste; Petition for Referendum; Ballot Contents; Election Procedure; Effect of Such Election - (a) On or before October 18, 1992, each municipality described...

§22-15A-19. Recycling Assessment Fee; Regulated Motor Carriers; Dedication of Proceeds; Criminal Penalties - (a) Imposition. A recycling assessment fee is hereby levied and...

§22-15A-20. Establishment of State Recycling Program for Solid Waste - (a) In the absence of either a municipal or a...

§22-15A-21. Procurement of Recycled Products - (a) It is the policy of the State of West...

§22-15A-22. Prohibition on the Disposal of Certain Items; Plans for the Proper Handling of Said Items Required - (a) It is unlawful to dispose of lead-acid batteries in...

§22-15A-23. Recycling Facilities Exemption - Recycling facilities, as defined in section two, article fifteen of...

§22-15A-24. Covered Manufacturers; Prohibited Sales; Effective Date - (a) This section, along with sections twenty-five, twenty-six, twenty-seven, twenty-eight...

§22-15A-25. Manufacturer Registration; Registration Fees; Creating the Covered Electronic Devices Takeback Fund - (a) Each manufacturer wishing to sell or lease covered electronic...

§22-15A-26. Manufacturers' Takeback Programs - (a) Before a manufacturer may offer a covered electronic device...

§22-15A-27. Civil Actions and Administrative Fines; Powers and Duties of Secretary - (a) Civil action. -– In addition to being subject to...

§22-15A-28. Retailer Penalties - (a) The secretary may assess against any retailer that sells...

§22-15A-29. Rulemaking - The secretary shall propose for promulgation emergency and legislative rules...

§22-15A-30. Reclamation of Abandoned and Dilapidated Properties Program - (a) To assist county commissions, municipalities, urban renewal authorities created...

Article 16. Solid Waste Landfill Closure Assistance Program

§22-16-1. Legislative Findings and Purpose - §22-16-1. Legislative findings and purpose. The Legislature finds that: There...

§22-16-2. Definitions - As used in this article, unless the context clearly requires...

§22-16-3. Commercial Solid Waste Landfill Closure Assistance Program - (a) There is established within the Division of Environmental Protection...

§22-16-4. Solid Waste Assessment Fee; Penalties - (a) Imposition. A solid waste assessment fee is levied and...

§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 - The solid waste management board is hereby empowered to issue,...

§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 - (a) Before issuing any revenue bonds in accordance with the...

§22-16-7. Legal Remedies of Bondholders - Any holder of solid waste disposal revenue bonds issued under...

§22-16-8. Bonds and Notes Not Debt of State, County, Municipality or of Any Political Subdivision; Expenses Incurred Pursuant to Article - Solid waste closure revenue bonds and notes and solid waste...

§22-16-9. Solid Waste Closure Revenue Bonds Lawful Investments - The provisions of sections nine and ten, article six, chapter...

§22-16-10. Limitation on Assistance - The director may provide closure assistance only to permittees who...

§22-16-11. Application for Closure Assistance - (a) The secretary shall provide an application and application procedure...

§22-16-12. Solid Waste Facility Closure Cost Assistance Fund; Closure Extension; Reporting Requirements - (a) The Solid Waste Facility Closure Cost Assistance Fund continues...

§22-16-13. Promulgation of Rules by Director - The director shall promulgate rules that are necessary for the...

§22-16-14. Liability of Owner or Operator - Nothing in this article relieves the owner, operator or permittee...

§22-16-15. Procedures for Handling Remedial Actions; Payment of Costs of Remedial Actions to Be Paid by Owner or Operator - When the director, in performing activities pursuant to this article...

§22-16-16. Right of Entry - The director or his or her duly authorized representatives have...

§22-16-17. Authority of Director to Accept Grants and Gifts - The director has the authority, on behalf of the Division...

§22-16-18. Management and Control of Project - (a) The director shall manage and control all projects, and...

Article 17. Underground Storage Tank Act

§22-17-1. Short Title - This article may be known and cited as the “Underground...

§22-17-2. Declaration of Policy and Purpose - The Legislature recognizes that large quantities of petroleum and hazardous...

§22-17-3. Definitions - (a) “Change in status” means causing an underground storage tank...

§22-17-4. Designation of Division of Environmental Protection as the State Underground Storage Tank Program Lead Agency - The Division of Environmental Protection is hereby designated as the...

§22-17-5. Powers and Duties of Director; Integration With Other Acts - (a) In addition to all other powers and duties prescribed...

§22-17-6. Promulgation of Rules and Standards by Director - (a) The director has overall responsibility for the promulgation of...

§22-17-7. Underground Storage Tank Advisory Committee; Purpose - The underground storage tank advisory committee is continued. The committee...

§22-17-8. Notification Requirements - (a) Underground storage tank owners shall notify the director of...

§22-17-9. Registration Requirements; Undertaking Activities Without Registration - (a) No person may operate any underground storage tank for...

§22-17-10. Financial Responsibility - The director shall promulgate rules, as provided in section six...

§22-17-11. Performance Standards for New Underground Storage Tanks - (a) The director shall promulgate performance standards for new underground...

§22-17-12. Confidentiality - (a) Any records, reports or information obtained from any persons...

§22-17-13. Inspections, Monitoring and Testing - (a) For the purposes of developing or assisting in the...

§22-17-14. Corrective Action for Underground Petroleum Storage Tanks - (a) Prior to the effective date of rules promulgated pursuant...

§22-17-15. Administrative Orders; Injunctive Relief; Requests for Reconsideration - (a) Whenever on the basis of any information, the director...

§22-17-16. Civil Penalties - (a) Any violator who fails to comply with an order...

§22-17-17. Public Participation - Any adversely affected person may intervene in any civil or...

§22-17-18. Appeal to Environmental Quality Board - Any person aggrieved or adversely affected by an order of...

§22-17-19. Disclosures Required in Deeds and Leases - (a) The grantor in any deed or other instrument of...

§22-17-20. Appropriation of Funds; Underground Storage Tank Administrative Fund - (a) The secretary shall collect annual registration fees from owners...

§22-17-21. Leaking Underground Storage Tank Response Fund - (a) Each underground petroleum storage tank owner within this state...

§22-17-22. Underground Storage Tank Insurance Fund - (a) The secretary may establish an Underground Storage Tank Insurance...

§22-17-23. Duplicative Enforcement Prohibited - No enforcement proceeding brought pursuant to this article may be...

Article 18. Hazardous Waste Management Act

§22-18-1. Short Title - This article may be known and cited as the “Hazardous...

§22-18-2. Declaration of Policy - (a) The Legislature finds that: (1) Continuing technological progress and...

§22-18-3. Definitions - Unless the context in which used clearly requires a different...

§22-18-4. Designation of Division of Environmental Protection as the State Hazardous Waste Management Lead Agency - The Division of Environmental Protection is hereby designated as the...

§22-18-5. Powers and Duties of Director; Integration With Other Acts; Establishment of Study of Hazardous Waste Management - (a) In addition to all other powers and duties prescribed...

§22-18-6. Promulgation of Rules by Director - (a) The director has overall responsibility for the promulgation of...

§22-18-7. Authority and Jurisdiction of Other State Agencies - (a) The Commissioner of the Division of Highways, in consultation...

§22-18-8. Permit Process; Undertaking Activities Without a Permit - (a) No person may own, construct, modify, operate or close...

§22-18-9. Corrective Action - (a) All permits issued after the date the state is...

§22-18-10. Public Participation in Permit Process - Before the issuing of a permit to any person with...

§22-18-11. Transition Program for Existing Facilities - Any person who owns or operates a facility required to...

§22-18-12. Confidential Information - Information obtained by any agency under this article shall be...

§22-18-13. Inspections; Right of Entry; Sampling; Reports and Analyses; Subpoenas - (a) The director or any authorized representative, employee or agent...

§22-18-14. Monitoring, Analysis and Testing - (a) If the director determines, upon receipt of any information,...

§22-18-15. Enforcement Orders; Hearings - (a) If the director, upon inspection, investigation or through other...

§22-18-16. Criminal Penalties - (a) Any person who knowingly: (1) Transports any hazardous waste...

<< Previous

Next >>

West Virginia Code Chapter 22. Environmental Resources

West Virginia Code
Chapter 22. Environmental Resources