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Article 1. Water Development Authority
§22C-1-1. Short Title - This article shall be known and cited as the "Water...
§22C-1-2. Declaration of Policy and Responsibility; Purpose and Intent of Article; Findings - It is hereby declared to be the public policy of...
§22C-1-3. Definitions - As used in this article, unless the context clearly requires...
§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 - (a) The Water Development Authority is continued. The authority is...
§22C-1-5. Authority May Construct, Finance, Maintain, etc., Water Development Projects; Loans to Governmental Agencies Are Subject to Terms of Loan Agreements - To accomplish the public policies and purposes and to meet...
§22C-1-6. Powers, Duties, and Responsibilities of Authority Generally - The Water Development Authority has and may exercise all powers...
§22C-1-6a. Additional Powers of the West Virginia Water Development Authority; Creation of Economic Enhancement Grant Fund - (a) The Water Development Authority shall create and establish a...
§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 - In order to ensure that the public purposes to be...
§22C-1-8. Expenditure of Funds for Study and Engineering of Proposed Projects - With the approval and the consent of the board, either...
§22C-1-9. Authority Empowered to Issue Water Development Revenue Bonds, Renewal Notes and Refunding Bonds; Requirements and Manner of Such Issuance - The authority is hereby empowered to issue from time to...
§22C-1-10. Trustee for Bondholders; Contents of Trust Agreement - In the discretion of the authority, any water development revenue...
§22C-1-11. Trust Agreements for Related Responsibilities; Reimbursements - Notwithstanding any other provision of this code to the contrary,...
§22C-1-12. Legal Remedies of Bondholders and Trustees - Any holder of water development revenue bonds issued under the...
§22C-1-13. Bonds and Notes Not Debt of State, County, Municipality or of Any Political Subdivision; Expenses Incurred Pursuant to Article - Water development revenue bonds and notes and water development revenue...
§22C-1-14. Use of Funds by Authority; Restrictions Thereon - All moneys, properties and assets acquired by the authority, whether...
§22C-1-15. Investment of Funds by Authority - The authority is hereby authorized and empowered to invest any...
§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 - This section applies to any water development project or projects...
§22C-1-17. Maintenance, Operation and Repair of Projects; Reports by Authority to Governor and Legislature - Each water development project, when constructed and placed in operation,...
§22C-1-18. Water Development Bonds Lawful Investments - The provisions of sections nine and ten, article six, chapter...
§22C-1-19. Purchase and Cancellation of Notes or Bonds - The authority, subject to such agreements with noteholders or bondholders...
§22C-1-20. Refunding Bonds - Any bonds issued hereunder and at any time outstanding may...
§22C-1-21. Exemption From Taxation - The exercise of the powers granted to the authority by...
§22C-1-22. Acquisition of Property by Authority -- Acquisition by Purchase; Governmental Agencies Authorized to Convey, etc., Property - The authority may acquire by purchase, whenever it deems such...
§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 - The authority may acquire, pursuant to subdivision (10), section six...
§22C-1-24. Financial Interest in Contracts Prohibited; Penalty - No officer, member or employee of the authority shall be...
§22C-1-25. Meetings and Records of Authority to Be Kept Public - All meetings of the authority shall be open to the...
§22C-1-26. Liberal Construction of Article - The provisions of this article are hereby declared to be...
§22C-1-27. Authorized Limit on Borrowing - (a) The aggregate principal amount of bonds and notes issued...
Article 2. Water Pollution Control Revolving Fund Act
§22C-2-1. Definitions - Unless the context in which used clearly requires a different...
§22C-2-2. Designation of Division of Environmental Protection as State Instrumentality for Purposes of Capitalization Agreements With the United States Environmental Protection Agency - The Division of Environmental Protection shall act as the instrumentality...
§22C-2-3. West Virginia Water Pollution Control Revolving Fund; Disbursement of Fund Moneys; Administration of the Fund - (a) Under the direction of the Division of Environmental Protection,...
§22C-2-4. Annual Audit - The authority shall cause an audit of its books and...
§22C-2-5. Collection of Money Due to the Fund - (a) In order to ensure the timely payment of all...
§22C-2-6. State Construction Grants Program Established; Special Fund - (a) The director of the Division of Environmental Protection shall...
§22C-2-7. Environmental Review of Funded Projects - (a) The Division of Environmental Protection shall conduct an environmental...
§22C-2-8. Conflicting Provisions - The provisions of this article shall be liberally construed to...
Article 3. Solid Waste Management Board
§22C-3-1. Short Title - This article shall be known and cited as the "Solid...
§22C-3-2. Legislative Findings; Declaration of Policy and Responsibility; Purpose and Intent of Article - The Legislature finds that uncontrolled, inadequately controlled and improper collection...
§22C-3-3. Definitions - As used in this article, unless the context clearly requires...
§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 - The Solid Waste Management Board is a governmental instrumentality of...
§22C-3-5. Board to Designate and Establish Disposal Sheds; Construction, Maintenance, etc., of Disposal Projects; Loan Agreements; Compliance With Federal and State Law - To accomplish the public policy and purpose and to meet...
§22C-3-6. Powers, Duties and Responsibilities of Board Generally - The solid waste management board may exercise all powers necessary...
§22C-3-7. Development of State Solid Waste Management Plan - On or before January 1, 1993, the Solid Waste Management...
§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 - In order to ensure that the public purposes to be...
§22C-3-9. Development and Designation of Solid Waste Disposal Sheds by Board - The board shall maintain the division of the state into...
§22C-3-10. Board Empowered to Issue Solid Waste Disposal Revenue Bonds, Renewal Notes and Refunding Bonds; Requirements and Manner of Such Issuance - The board is hereby empowered to issue, from time to...
§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 - (a) Before issuing any revenue bonds in accordance with the...
§22C-3-12. Legal Remedies of Bondholders - Any holder of solid waste disposal revenue bonds issued under...
§22C-3-13. Bonds and Notes Not Debt of State, County, Municipality or of Any Political Subdivision; Expenses Incurred Pursuant to Article - Solid waste disposal revenue bonds and notes and solid waste...
§22C-3-14. Use of Funds, Properties, etc., by Board; Restrictions Thereon - All moneys, properties and assets acquired by the board, whether...
§22C-3-15. Audit of Funds Disbursed by the Board and Recipients Thereof - Beginning in the fiscal year ending June 30, 1992, and...
§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 - This section applies to any solid waste disposal project or...
§22C-3-17. Maintenance, Operation and Repair of Projects; Repair of Damaged Property; Reports by Board to Governor and Legislature - Each solid waste development project, when constructed and placed in...
§22C-3-18. Solid Waste Disposal Revenue Bonds Lawful Investments - The provisions of sections nine and ten, article six, chapter...
§22C-3-19. Exemption From Taxation - The board is not required to pay any taxes or...
§22C-3-20. Governmental Agencies Authorized to Convey Property - All governmental agencies, notwithstanding any provision of law to the...
§22C-3-21. Financial Interest in Contracts, Projects, etc., Prohibited; Gratuities Prohibited; Penalty - No officer, member or employee of the board may be...
§22C-3-22. Conduct of Proceedings of Board - The board shall comply with all of the requirements in...
§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 - Solid waste collectors and haulers who are "common carriers by...
§22C-3-24. Cooperation of Board and Enforcement Agencies in Collecting and Disposing of Abandoned Household Appliances and Motor Vehicles, etc. - The provisions of this article are complementary to those contained...
§22C-3-25. Liberal Construction of Article - The provisions of this article are hereby declared to be...
§22C-3-26. Supersedure Over County and Regional Solid Waste Authorities - For purposes of exercising the authority provided under section nine-a,...
Article 4. County and Regional Solid Waste Authorities
§22C-4-1. Legislative Findings and Purposes - The Legislature finds that the improper and uncontrolled collection, transportation,...
§22C-4-2. Definitions - Unless the context clearly requires a different meaning, as used...
§22C-4-3. Creation of County Solid Waste Authority; Appointment to Board of Directors; Vacancies - (a) Each and every county solid waste authority authorized and...
§22C-4-4. Establishment of Regional Solid Waste Authorities Authorized; Successor to County Solid Waste Authorities; Appointments to Board of Directors; Vacancies - (a) On and after January 1, 1989, any two or...
§22C-4-5. Authorities as Successor to County Commissions and Former County Solid Waste Authorities - The county and regional solid waste authorities created herein, as...
§22C-4-6. Election by County Commission to Assume Powers and Duties of the County Solid Waste Authority - Notwithstanding any provision of this article, any county commission which,...
§22C-4-7. Management of Authority Vested in Board of Directors; Expenses Paid by County Commissions, Procedure - (a) The management and control of the authority, its property,...
§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 - (a) Each county and regional solid waste authority is required...
§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 - (a) The Division of Natural Resources, the Division of Environmental...
§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 - (a) The Legislature finds that performance review and performance measurement...
§22C-4-10. Mandatory Disposal; Proof Required; Penalty Imposed; Requiring Solid Waste Management Board and the Public Service Commission to File Report - (a) Each person occupying a residence or operating a business...
§22C-4-11. Acquisition of Land; Operation of Public Solid Waste Landfills and Other Facilities; Restrictions on Solid Wastes Generated Outside Authority Area; Fees - Upon approval of the litter and solid waste control plan...
§22C-4-12. Bonds and Notes - For constructing or acquiring any solid waste facilities for the...
§22C-4-13. Items Included in Cost of Properties - The cost of any solid waste facilities acquired under the...
§22C-4-14. Bonds or Notes May Be Secured by Trust Indenture - In the discretion and at the option of the board...
§22C-4-15. Sinking Fund for Bonds or Notes - At or before the time of the issuance of any...
§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 - The board for any such authority has power to insert...
§22C-4-17. Operating Contracts - The board may enter into contracts or agreements with any...
§22C-4-18. Statutory Mortgage Lien Created Unless Otherwise Provided; Foreclosure Thereof - Unless otherwise provided by resolution of the board, there is...
§22C-4-19. Refunding Bonds or Notes - The board of any authority having issued bonds or notes...
§22C-4-20. Indebtedness of Authority - No Constitutional or statutory limitation with respect to the nature...
§22C-4-21. Property, Bonds or Notes and Obligations of Authority Exempt From Taxation - The authority is exempt from the payment of any taxes...
§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 - Upon the approval of the litter and solid waste control...
§22C-4-23. Powers, Duties and Responsibilities of Authority Generally - The authority may exercise all powers necessary or appropriate to...
§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 - (a) On or before July 1, 1991, each county or...
§22C-4-25. Siting Approval for Solid Waste Facilities; Effect on Facilities With Prior Approval - (a) It is the intent of the Legislature that all...
§22C-4-26. Approval of New Class a Facilities by Solid Waste Authorities - Except as provided below with respect to Class B facilities,...
§22C-4-27. Approval of Conversion From Class B Facility to Class a Facility - From and after October 18, 1991, in order to obtain...
§22C-4-28. Approval of Increase in Maximum Allowable Monthly Tonnage of Class a Facilities - From and after October 18, 1991, in order to increase...
§22C-4-29. Judicial Review of Certificate of Site Approval - (a) Any party aggrieved by a decision of the county...
§22C-4-30. Solid Waste Assessment Interim Fee; Regulated Motor Carriers; Dedication of Proceeds; Criminal Penalties - (a) Imposition. Effective July 1, 1989, a solid waste assessment...
Article 4A. Local Participation; Referendum
§22C-4A-1. Local Participation, Legislative Findings and Purposes; Referendum - (a) The Legislature finds that the potential impacts of commercial...
§22C-4A-2. Approval of New Class a Facility - (a) The purpose of the mandatory referendum for approval of...
§22C-4A-3. Referendum for Approval of Conversion of a Class B Facility to a Class a Facility - (a) The purpose of the petition and referendum for approval...
§22C-4A-4. Approval of Increase in Maximum Allowable Monthly Tonnage of Class a Facilities - (a) The purpose of the petition and referendum for approval...
Article 6. Hazardous Waste Facility Siting Approval
§22C-6-1. Legislative Purpose - The purpose of this article is to provide the opportunity...
§22C-6-2. Definitions - Unless the context clearly requires a different meaning, as used...
§22C-6-3. Procedure for Public Participation - (a) From and after June 5, 1992, in order to...
Article 8. Shallow Gas Well Review Board
§22C-8-1. Declaration of Public Policy; Legislative Findings - (a) It is hereby declared to be the public policy...
§22C-8-2. Definitions - As used in this article: (1) "Board" means the Shallow...
§22C-8-3. Application of Article; Exclusions - (a) Except as provided in subsection (b) of this section,...
§22C-8-4. Shallow Gas Well Review Board; Membership; Method of Appointment; Vacancies; Compensation and Expenses; Staff - (a) There is hereby continued the "Shallow Gas Well Review...
§22C-8-5. Same -- Meetings; Notice; General Powers and Duties - (a) The board shall meet and hold conferences and hearings...
§22C-8-6. Rules; Notice Requirements - (a) The board may promulgate, pursuant to the provisions of...
§22C-8-7. Objections to Proposed Drilling; Conferences; Agreed Locations and Changes on Plats; Hearings; Orders - (a) At the time and place fixed by the chair...
§22C-8-8. Distance Limitations - (a) If the well operator and the objecting coal seam...
§22C-8-9. Application to Establish a Drilling Unit; Contents; Notice - (a) Whenever the board has issued an order directing the...
§22C-8-10. Establishment of Drilling Units; Hearings; Orders - (a) At the time and place fixed by the chair...
§22C-8-11. Pooling of Interests in a Drilling Unit; Limitations - (a) Whenever the board establishes a drilling unit pursuant to...
§22C-8-12. Effect of Order Establishing Drilling Unit or Pooling of Interests; Recordation - (a) An order issued by the board establishing a drilling...
§22C-8-13. Judicial Review; Appeal to Supreme Court of Appeals; Legal Representation for Board - (a) Any person adversely affected by an order of the...
§22C-8-14. Operation on Drilling Units - All operations including, but not limited to, the commencement, drilling...
§22C-8-15. Validity of Unit Agreements - No agreement between or among gas operators, lessees or other...
§22C-8-16. Injunctive Relief - (a) Whenever it appears to the board that any person...
§22C-8-17. Penalties - (a) Any person who violates any provision of this article,...
§22C-8-18. Construction - This article shall be liberally construed so as to effectuate...
§22C-8-19. Rules, Orders and Permits Remain in Effect - The rules promulgated and all orders and permits in effect...
Article 9. Oil and Gas Conservation
§22C-9-1. Declaration of Public Policy; Legislative Findings - (a) It is hereby declared to be the public policy...
§22C-9-2. Definitions - (a) As used in this article: (1) "Commission" means the...
§22C-9-3. Application of Article; Exclusions - (a) Except as provided in subsection (b) of this section,...
§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... - NOTE: West Virginia Code 22C-9-4 was amended by two bills...
§22C-9-5. Rules; Notice Requirements - (a) The commission may propose rules for legislative approval in...
§22C-9-6. Waste of Oil or Gas Prohibited - Waste of oil or gas is hereby prohibited.
§22C-9-7. Drilling Units and the Pooling of Interests in Drilling Units in Connection With Deep Oil or Gas Wells - (a) Drilling units. (1) After one discovery deep well has...
§22C-9-7a. Unitization of Interests in Horizontal Well Drilling Units - (a) Declaration of public policy; legislative findings regarding unitization for...
§22C-9-8. Secondary Recovery of Oil; Unit Operations - (a) Upon the application of any operator in a pool...
§22C-9-9. Validity of Unit Agreements - No agreement between or among operators, lessees or other owners...
§22C-9-10. Hearing Procedures - (a) Upon receipt of a request for hearing, the commission...
§22C-9-11. Judicial Review; Appeal to Supreme Court of Appeals; Legal Representation for Commission - (a) Any party adversely affected by an order of the...
§22C-9-12. Injunctive Relief - (a) Whenever it appears to the commission that any person...
§22C-9-13. Special Oil and Gas Conservation Tax - Owners of leases on oil and gas for the exploration,...
§22C-9-14. Penalties - (a) Any person who violates any provision of this article,...
§22C-9-15. Construction - Except as provided in subsection (c), section three of this...
§22C-9-16. Rules, Orders and Permits Remain in Effect - (a) All orders, determinations, rules, permits, grants, contracts, certificates, licenses,...
Article 10. Interstate Mining Compact
§22C-10-1. Enactment of Compact - The "Interstate Mining Compact" is hereby continued in law and...
§22C-10-2. Bylaws of Interstate Mining Commission - In accordance with Article V (i) of the interstate mining...
§22C-10-3. Effective Date - This article is effective as of July 1, 1972.
Article 11. Interstate Commission on the Potomac River Basin
§22C-11-1. Creation of Commission; Members; Terms; Compact With Other Political Units - There is hereby created a commission consisting of three members,...
§22C-11-2. Appointment of Alternates - The Governor, by and with the consent of the Senate,...
§22C-11-3. Expenses of Commission; Appropriation; Officers and Employees; Meetings - The commissioners shall be reimbursed, out of moneys appropriated for...
§22C-11-4. Effective Date; Findings - This article shall become effective upon the adoption of substantially...
§22C-11-5. Restrictions - Neither the Governor of the State of West Virginia nor...
Article 12. Ohio River Valley Water Sanitation Commission
§22C-12-1. Ohio River Valley Water Sanitation Compact Approved - The following Ohio River Valley Water Sanitation Compact, which has...
§22C-12-2. Appointment of Members of Commission; Director of Division of Environmental Protection Member Ex Officio - In pursuance of article four of said compact, there shall...
§22C-12-3. Powers of Commission; Duties of State Officers, Departments, etc.; Jurisdiction of Circuit Courts; Enforcement of Article - There is hereby granted to the commission and commissioners thereof...
§22C-12-4. Powers Granted Herein Supplemental to Other Powers Vested in Commission - Any powers herein granted to the commission shall be regarded...
§22C-12-5. Expenses of Commission; Appropriations; Officers and Employees; Meetings - The commissioners shall be reimbursed out of moneys appropriated for...
§22C-12-6. When Article Effective; Findings; Continuation - This article shall take effect and become operative and the...