West Virginia Code
Chapter 22. Environmental Resources

§22-19-4. Fee Assessments; Tonnage Fees; Due Dates of Payments; Interest on Unpaid Fees - (a) Each generator of hazardous waste within this state shall...

§22-19-5. Director's Responsibilities; Fee Schedules; Authorized Expenditures; Other Powers of Director; Authorizing Civil Actions; Assistance of Attorney General or Prosecuting Attorney - (a) The director shall collect all fees assessed pursuant to...

§22-19-6. State Hazardous Waste Contingency Plan - The director shall promulgate rules in compliance with chapter twenty-nine-a...

Article 20. Environmental Advocate

§22-20-1. Appointment of Environmental Advocate; Powers and Duties; Salary - The director of the Division of Environmental Protection shall appoint...

Article 21. Coalbed Methane Wells and Units

§22-21-1. Declaration of Public Policy; Legislative Findings - (a) The Legislature hereby declares and finds that the venting...

§22-21-2. Definitions - Unless the context in which used clearly requires a different...

§22-21-3. Application of Article; Exclusions; Application of Chapter Twenty-Two-B to Coalbed Methane Wells - (a) The provisions of this article apply to: (1) All...

§22-21-4. Chief; Powers and Duties Generally - (a) The chief of the office of oil and gas...

§22-21-5. Duties of the Coalbed Methane Review Board; Meetings; Notice, Powers and Duties Generally - (a) The board shall meet and hold conferences and hearings...

§22-21-6. Permit Required for Coalbed Methane Well; Permit Fee; Application; Soil Erosion Control Plan; Penalties - (a) It is unlawful for any person to commence, operate,...

§22-21-7. Consent and Agreement of Coal Owner or Operator - (a) No permit shall be issued for a coalbed methane...

§22-21-8. Performance Bonds; Corporate Surety or Other Security - (a) No permit shall be issued pursuant to this article...

§22-21-9. Notice to Owners - (a) Prior to filing an application for a permit for...

§22-21-10. Procedure for Filing Comments - All persons described in subsection (a), section nine of this...

§22-21-11. Objections or Comments to Coalbed Methane Wells by Coal Owner or Operator; Hearings - The owner or operator of any coal seam whose interests...

§22-21-12. Review of Application; Issuance of Permit in the Absence of Objections; Copy of Permits to County Assessor - The chief shall review each application for a permit and...

§22-21-13. Review Board Hearing; Findings; Order - (a) If comment or objection is filed under section ten...

§22-21-14. Protective Devices Required When a Coalbed Methane Well Penetrates Workable Coalbed; When a Coalbed Methane Well Is Drilled Through Horizon of Coalbed From Which Coal Has Been Removed; Notice of Stimulation; Results of Stimulation - (a) Except for those coalbeds which the coalbed methane operator...

§22-21-15. Drilling Units and Pooling of Interests - (a) In the absence of a voluntary agreement, an operator,...

§22-21-16. Notice to Owners - (a) At least thirty days prior to the date set...

§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 - (a) Prior to the time fixed for a hearing under...

§22-21-18. Operation on Drilling Units - All operations including, but not limited to, the commencement, drilling...

§22-21-19. Validity of Unit Agreements - No agreement between or among coalbed methane operators or owners...

§22-21-20. Spacing - No coalbed methane well may be drilled closer than one...

§22-21-21. Dry or Abandoned Wells - Any coalbed methane well which is completed as a dry...

§22-21-22. Notice of Plugging and Reclamation of Well; Right to Take Well; Objection; Plugging Order; Plugging for Mine-Through - (a) Prior to the commencement of plugging operations the operator...

§22-21-23. Method of Plugging - All coalbed methane wells shall be plugged in such a...

§22-21-24. Existing Mining Rights - Nothing in this article shall be construed to affect the...

§22-21-25. Judicial Review; Appeal to Supreme Court of Appeals; Legal Representation for Review Board - (a) Any person adversely affected by an order of the...

§22-21-26. Limitation on Actions in Trespass - In any case where title to subsurface minerals has been...

§22-21-27. Injunctive Relief - (a) Whenever it appears to the chief or review board...

§22-21-28. Penalties - (a) Any person who violates any term or condition of...

§22-21-29. Construction - This article shall be liberally construed so as to effectuate...

Article 22. Voluntary Remediation and Redevelopment Act

§22-22-1. Legislative Findings; Legislative Statement of Purpose - (a) The Legislature finds there is property in West Virginia...

§22-22-2. Definitions - As used in this article, unless otherwise provided or indicated...

§22-22-3. Rule-Making Authority of the Director - Within one year after the effective date of this section,...

§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... - (a) Any site is eligible for participation in the voluntary...

§22-22-5. Brownfield Application; Remediation Process; Brownfield Remediation; Eligibility; Application; Remediation Loan; and Obtaining Information From Director - (a) For brownfield property, any environmental remediation undertaken pursuant to...

§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 - (a) There is hereby created in the State Treasury a...

§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 Su... - Upon acceptance of an application, the director shall enter into...

§22-22-8. Voluntary Remediation Work Plans and Reports - After signing a voluntary remediation agreement, the person undertaking remediation...

§22-22-9. Termination of Agreement; Cost of Recovery; Legal Actions - The person undertaking remediation may, in their sole discretion, terminate...

§22-22-10. Inspections; Right of Entry; Sampling; Reports and Analyses - (a) The director, upon presentation of proper credentials may enter...

§22-22-11. Licensed Remediation Specialist, Licensure Procedures - (a) No person may practice as a licensed remediation specialist...

§22-22-12. Enforcement Orders for Licensed Remediation Specialists; Cease and Desist Order; Criminal Penalties - (a) If the director, upon inspection, investigation or through other...

§22-22-13. Certificate of Completion - (a) The licensed remediation specialist shall issue a final report...

§22-22-14. Land-Use Covenant; Criminal Penalties - (a) The director shall establish by rule, criteria for deed...

§22-22-15. Reopeners - Any person who completes remediation in compliance with this article...

§22-22-16. Duty of Assessor and Citizens to Notify Director When Change of Property Use Occurs - If an assessor in any county becomes aware of a...

§22-22-17. Public Notification for Brownfields - Persons undertaking the remediation and revitalization of brownfield sites shall...

§22-22-18. Environmental Liability Protection - (a) Any person demonstrating compliance with the applicable standards established...

§22-22-19. Establishing and Limiting the Responsibilities of Remediation Contractors - (a) A person who is engaged in the business of...

§22-22-20. Affirmative Defenses - Any person who is alleged to have violated an environmental...

§22-22-21. Savings Clause - Nothing in this article shall affect the rights, duties, defenses,...

Article 22A. West Virginia Limited Liability for Persons Responding to Oil Discharges Act

§22-22A-1. Short Title - This article may be cited as the West Virginia Limited...

§22-22A-2. Definitions - For the purposes of this article: (a) "Damages" means damages...

§22-22A-3. Exemption From Liability - (a) Notwithstanding any other provision of this code to the...

Article 22B. Uniform Environmental Covenants Act

§22-22B-1. Short Title - This article may be cited as the Uniform Environmental Covenants...

§22-22B-2. Definitions - As used in this article and insofar as they are...

§22-22B-3. Nature of Rights; Subordination of Interests - (a) Any person, including a person that owns an interest...

§22-22B-4. Contents of Environmental Covenant - (a) An environmental covenant must: (1) State that the instrument...

§22-22B-5. Validity; Effect on Other Instruments - (a) An environmental covenant that complies with this article runs...

§22-22B-6. Relationship to Other Land-Use Law - This article does not authorize a use of real property...

§22-22B-7. Notice - (a) A copy of an environmental covenant shall be provided...

§22-22B-8. Recording - (a) An environmental covenant and any amendment or termination of...

§22-22B-9. Duration; Amendment by Court Action - (a) An environmental covenant is perpetual unless it is: (1)...

§22-22B-10. Amendment or Termination by Consent - (a) An environmental covenant may be amended or terminated by...

§22-22B-11. Enforcement of Environmental Covenant - (a) A civil action for injunctive or other equitable relief...

§22-22B-12. Uniformity of Application and Construction - In applying and construing this uniform act, consideration must be...

§22-22B-13. Relation to Electronic Signatures in Global and National Commerce Act - This article modifies, limits or supersedes the federal Electronic Signatures...

§22-22B-14. Severability - If any provision of this article or its application to...

Article 23. Kyoto Protocol; Enforcement Prohibitions

§22-23-1. Findings and Purposes - The West Virginia Legislature hereby finds that: (a) The United...

§22-23-2. Restrictions on State Rules Related to Greenhouse Gas Emissions - (a) The West Virginia Division of Environmental Protection shall refrain...

Article 23A. Environmental Impact Statement

§22-23A-1. Findings - The Legislature finds: (1) The coal industry is and has...

§22-23A-2. Requiring Department of Environmental Protection to Refrain From Implementing or Adopting Rules or Making Certain Commitments Absent Legislative Approval; Reporting Required - (a) The Division of Environmental Protection may not enter into...

Article 24. Small Business Environmental Loan Program

§22-24-1. Legislative Findings, Intent and Purpose - The Legislature hereby finds and declares that, in this state...

§22-24-2. Definitions - (a) "Authority" means the West Virginia economic development authority established...

§22-24-3. Loan Application Requirements - (a) Any eligible small business may apply for a small...

§22-24-4. Loan Conditions - A loan made to an eligible borrower as provided by...

§22-24-5. Small Business Environmental Revolving Loan Account - (a) The small business environmental revolving loan account is hereby...

§22-24-6. Loan Processing - The authority shall: (a) Process small business environmental loan applications...

Article 25. Environmental Excellence Program

§22-25-1. Legislative Findings - The Legislature finds that: (1) Regulated and nonregulated entities that...

§22-25-2. Purpose - The purpose of this article is to authorize the Department...

§22-25-3. Definitions - As used in this article, unless the context otherwise requires:...

§22-25-4. Powers and Duties of the Department - (a) Within one year after the effective date of this...

§22-25-5. Eligibility and Application Requirements - (a) The secretary shall establish by rule the minimum criteria...

§22-25-6. Application Review and Authority to Enter Into Environmental Performance Agreement - (a) The secretary shall review all completed applications within a...

§22-25-7. Judicial Review of Department Decision on Acceptance of Application to Participate in the Environmental Excellence Program - The decision of the department to refuse to accept an...

§22-25-8. Withdrawal, Enforcement and Termination From the Program - (a) Any participant may elect to withdraw from participation in...

§22-25-9. Incentives - The secretary shall propose rules for legislative approval, pursuant to...

§22-25-10. Environmental Performance Agreements; Contents, and Specifications - (a) The environmental performance agreement shall clearly establish the environmental...

§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 - To recover the costs to the department in developing, negotiating...

§22-25-12. Public Participation - To promote a participatory process that will conform to the...

Article 26. Water Resources Protection Act

§22-26-1. Short Title; Legislative Findings - (a) Short title. -- This article may be known and...

§22-26-2. Definitions - For purposes of this article: (1) "Baseline average" means the...

§22-26-3. Waters Claimed by State; Water Resources Protection Survey; Registration Requirements; Agency Cooperation; Information Gathering - (a) The waters of the State of West Virginia are...

§22-26-4. Confidentiality - (a) Information required to be submitted by a person as...

§22-26-5. Joint Legislative Oversight Commission on State Water Resources - (a) The President of the Senate and the Speaker of...

§22-26-6. Mandatory Survey and Registration Compliance - (a) The water resources survey and subsequent registry will provide...

§22-26-7. Secretary Authorized to Log Wells; Collect Data - (a) In order to obtain important information about the state's...

§22-26-8. State Water Resources Management Plan; Powers and Duty of Secretary - (a) The secretary shall oversee the development of a State...

§22-26-9. Regional Water Resources Management Plans; Critical Planning Areas - (a) As part of the state Water Resources Management Plan,...

Article 27. Environmental Good Samaritan Act

§22-27-1. Declaration of Policy and Purpose - This article is intended to encourage the improvement of land...

§22-27-2. Legislative Findings - The Legislature finds and declares as follows: (1) The state's...

§22-27-3. Definitions - As used in this article unless used in a context...

§22-27-4. Eligibility and Project Inventory - (a) General rule. -- An eligible landowner or eligible project...

§22-27-5. Landowner Liability Limitation and Exceptions - (a) General rule. -- Except as specifically provided in subsections...

§22-27-6. Project Sponsor Liability Limitation and Exceptions - (a) General rule. -- Except as specifically provided in subsection...

§22-27-7. Permits and Zoning - Nothing in this article may be construed as waiving any...

§22-27-8. Relationship to Federal and State Programs - The provisions of this article shall not prevent the department...

§22-27-9. General Permits - If the department determines it will further the purposes of...

§22-27-10. Exceptions - (a) General rule. -- Any person who under existing law...

§22-27-11. Water Supply Replacement - A public or private water supply affected by contamination or...

§22-27-12. Rules - The department may propose legislative rules in accordance with article...

Article 28. Community Infrastructure Investment Projects

§22-28-1. Legislative Findings - The Legislature finds and declares that: (a) There is a...

§22-28-2. Definitions - For the purposes of this article, the following words or...

§22-28-3. Creation of Community Infrastructure Investment Project; Certificate of Appropriateness; Rule-Making Authority - (a) There is hereby created a Community Infrastructure Investment Program...

§22-28-4. Community Infrastructure Investment Agreements; Report to Joint Committee on Government and Finance - (a) Municipal utilities and public service districts have the power...

§22-28-5. Authority of the Department of Environmental Protection and Division of Health Not Affected - Nothing contained in this article shall be construed to affect...

§22-28-6. Time for Approval - The Secretary shall approve or reject all applications for a...

§22-28-7. Fees - The Secretary shall establish by legislative rule a schedule of...

§22-28-8. Exemption From Public Service Commission Approval - All project facilities constructed or improved pursuant to the provisions...

§22-28-9. Rule-Making Authority - The Secretary shall have the authority to propose legislative rules...

Article 29. Green Buildings Minimum Energy Standards

§22-29-1. Short Title and Effective Date - This article is called the Green Buildings Act and is...

§22-29-2. Findings and Purpose - (a) The Legislature finds that: (1) Encouraging the construction of...

§22-29-3. Definitions - As used in this article: (a) "ANSI" means the American...

§22-29-4. Minimum Energy Standards for New Building Construction Projects of Public Agencies - All new building construction projects of public agencies that have...

Article 30. The Aboveground Storage Tank Act

§22-30-1. Short Title - This article may be known and cited as the Aboveground...

§22-30-2. Legislative Findings - (a) The West Virginia Legislature finds the public policy of...

§22-30-3. Definitions - For purposes of this article: (1) "Aboveground storage tank" or...

§22-30-4. Inventory and Registration of Existing Aboveground Storage Tanks - (a) To assure protection of the water resources of the...

§22-30-5. Aboveground Storage Tank Regulatory Program - (a) The secretary shall develop a regulatory program for new...

§22-30-6. Evaluation and Certification - (a) Each regulated aboveground storage tank and its associated secondary...

§22-30-7. Financial Responsibility - The secretary shall promulgate rules requiring owners and operators of...

§22-30-8. Corrective Action - (a) Prior to the effective date of the emergency and...

§22-30-9. Spill Prevention and Response Plan - (a) Within one hundred eighty days of the effective date...

§22-30-10. Notice to Local Governments and Water Companies - (a) The owner or operator of a regulated aboveground storage...

§22-30-11. Required Signage - Every aboveground storage tank shall display, or have displayed nearby,...

§22-30-12. Aboveground Storage Tank Administrative Fund - (a) The secretary shall collect a registration fee from owners...

§22-30-13. Protect Our Water Fund - (a) Each owner or operator of a regulated aboveground storage...

§22-30-14. Public Access to Information - (a) The public shall have access to all documents and...

§22-30-15. Inspections, Monitoring and Testing - (a) For the purposes of developing or assisting in the...

§22-30-16. Administrative Orders; Injunctive Relief - (a) When the secretary determines, on the basis of any...

§22-30-17. Civil and Criminal Penalties - (a) Any person who fails to comply with an order...

§22-30-18. Appeal to Environmental Quality Board - Any person aggrieved or adversely affected by an action, decision...

§22-30-19. Duplicative Enforcement Prohibited - No enforcement proceeding brought pursuant to this article may be...

§22-30-20. Reporting and Accountability - (a) Every year, the secretary shall submit a report to...

§22-30-21. Interagency Cooperation - (a) In implementation of this article, the secretary shall coordinate...

§22-30-22. Imminent and Substantial Danger - (a) Notwithstanding any other provision of this code to the...

§22-30-23. Promulgation of Rules - The secretary shall promulgate emergency and legislative rules as necessary...

§22-30-24. Powers and Duties of Secretary - (a) In addition to the powers and duties prescribed in...

§22-30-25. Waiving Certain Requirements of This Article for Specified Categories of Aboveground Storage Tanks as Designated by the Department by Legislative Rule - The secretary may designate, by rules proposed for legislative approval...

§22-30-26. Secretary's Authority to Require Individual Npdes Permits Within a Zone of Critical Concern - Any person who holds a National Pollutant Discharge Elimination System...

Article 31. The Public Water Supply Protection Act

§22-31-1. Short Title - This article may be known and cited as the Public...

§22-31-2. Public Water System Supply Study Commission - (a) There is hereby established the Public Water System Supply...

Article 32. The West Virginia Wind and Solar Energy Facility Reclamation Act

§22-32-1. Legislative Findings and Purpose - (a) The Legislature finds that the State of West Virginia...

§22-32-2. Short Title - This article shall be known and cited as The West...

§22-32-3. Definitions - As used in this article, unless the context requires otherwise,...

§22-32-4. Bonding Required - (a) Within 12 months of a wind generation facility or...

§22-32-5. Wind and Solar Decommissioning Account, Bonds to Be Held - (a) This article establishes a Wind and Solar Decommissioning Account...

§22-32-6. Bond Release - (a)(1) Subject to subdivision (2) of this subsection, the Department...

§22-32-7. Rulemaking - The Department of Environmental Protection (DEP) may promulgate such emergency,...

§22-32-8. Decommissioning Agreements - Decommissioning agreements entered by wind and solar facilities not exempted...

Article 33. Geothermal Energy Development

§22-33-1. Short Title - This article shall be known and cited as the Geothermal...

§22-33-2. Legislative Findings; Declaration of Policy - (a) The Legislature finds that: (1) A geothermal resource is...

§22-33-3. Applicability; Exceptions - The provisions of this article shall apply to geothermal resources...

§22-33-4. Ownership of Geothermal Resources - (a) Ownership of any geothermal resource is vested in the...

§22-33-5. Definitions - As used in this article: (a) "Correlative right" means the...

§22-33-6. Geothermal Resources Permit Required - It is unlawful for any person to commence any work...

§22-33-7. Jurisdiction of the Secretary; Powers and Duties; Geothermal Resources Regulatory Program - (a) The secretary is vested with jurisdiction over all aspects...

§22-33-8. Civil Penalties - Any person who knowingly violates any provision of this article...

§22-33-9. Administrative Orders; Injunctive Relief - (a) When the secretary determines, on the basis of any...

§22-33-10. Appeal to Environmental Quality Board - Any person aggrieved or adversely affected by an action, decision,...

§22-33-11. Judicial Review - Any person or the secretary aggrieved or affected by a...

§22-33-12. Rulemaking - The secretary shall propose rules for legislative approval in accordance...

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West Virginia Code Chapter 22. Environmental Resources

West Virginia Code
Chapter 22. Environmental Resources