A BILL to repeal articles twenty and twenty-six, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to repeal articles five, five-a, five-b, five-c, five-d, five-e, five-f, five-g, five-h, five-i, five-m, five-n, six-a, nine, ten and ten-a, chapter twenty; to repeal article one-a, chapter twenty-two-a of said code; to repeal articles one-c and one-d, chapter twenty-nine of said code; to amend and reenact section one, article three, chapter five; to amend and reenact section one, article two, chapter five-f; to amend and reenact section eight, article seven, chapter six; to amend and reenact sections three-aa and three-ff, article one, and section twenty-two, article five, chapter seven; to amend and reenact section seventeen, article twenty, and section twenty-seven, article twenty-four, chapter eight; to amend and reenact section ten, article one-c, sections one and two, article six-a and section six, article thirteen-a, chapter eleven; to amend and reenact section four, article five-a, chapter fifteen; to amend and reenact sections nine and fourteen-a, article one, sections two and three, article nine, section six, article twelve, section twenty-three-a, article thirteen, sections one-b, three, nine and twenty-one, article thirteen-a, section ten, article thirteen-b, and section two, article twenty-seven, chapter sixteen; to amend and reenact sections three, five, and seven, article one-b, section five, article twelve-a, section four, article twenty-one-a, and section five, article twenty-five, chapter nineteen; to amend and reenact sections two, seven and fourteen, article one, sections six and ten, article five-j, sections four and twenty-six, article seven, chapter twenty; to further amend said article seven, by adding thereto two new sections, designated sections twenty-eight and twenty-nine; to amend and reenact section one, article eight and sections four, five-a, five-b, nine and twelve, article eleven, of said chapter twenty; to amend and reenact section three, article three-b, chapter twenty-one; to amend and reenact chapter twenty-two; to amend and reenact article one, chapter twenty-two-a; to amend and reenact sections one, two, three, seven, twelve, twenty-three, twenty-five, thirty-three, thirty-six, fifty-three-c, fifty-four, sixty-three, sixty-six, sixty-eight, seventy, seventy-two, seventy-three, seventy-four, seventy-five, seventy-six, seventy-seven and seventy-eight, article two, of said chapter twenty-two-a; to amend and reenact articles three, four, five, six and seven, of said chapter twenty-two-a; to further amend said chapter twenty-two-a by adding thereto three new articles, designated articles eight, nine and ten; to amend and reenact chapter twenty-two-b; to amend said code by adding thereto a new chapter, designated chapter twenty-two-c; to amend and reenact section two, article four, chapter twenty-three; to amend and reenact sections one-b, one-c, one-f, one-h, one-i and four-b, article two, chapter twenty-four; to amend and reenact section eleven, article two-b and section five-a, article three, chapter twenty-nine; to amend and reenact section four, article sixteen, section twenty-a, article eighteen and section four, article nineteen, chapter thirty-one; to amend and reenact section nine-a, article four, chapter thirty-six; to amend and reenact section seventeen, article seven and section two, article twelve-a, chapter fifty-five; to amend and reenact section forty-seven, article three, chapter sixty-one, all of said code relating to revising, arranging and consolidating in the code laws relating generally to the environment, the division of environmental protection, laws administered and enforced by the division, laws incidental thereto and the related criminal and civil penalties.
Be it enacted by the Legislature of West Virginia:
That articles twenty and twenty-six, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be repealed; that articles five, five-a, five-b, five-c, five-d, five-e, five-f, five-g, five-h, five-i, five-m, five-n, six-a, nine, ten and ten-a, chapter twenty be repealed; that article one-a, chapter twenty-two-a be repealed; that articles one-c and one-d, chapter twenty-nine be repealed; that section one, article three, chapter five be amended and reenacted; that section one, article two, chapter five-f be amended and reenacted; that section eight, article seven, chapter six be amended and reenacted; that sections three-aa and three-ff, article one, and section twenty-two, article five, chapter seven be amended and reenacted; that section seventeen, article twenty, and section twenty-seven, article twenty-four, chapter eight be amended and reenacted; that section ten, article one-c, sections one and two, article six-a and section six, article thirteen-a, chapter eleven be amended and reenacted; that section four, article five-a, chapter fifteen be amended and reenacted; that sections nine and fourteen-a, article one, sections two and three, article nine, section six, article twelve, section twenty-three-a, article thirteen, sections one-b, three, nine and twenty-one, article thirteen-a, section ten, article thirteen-b, and section two, article twenty-seven, chapter sixteen be amended and reenacted; that sections three, five and seven, article one-b, section five, article twelve-a, section four, article twenty-one-a, and section five, article twenty-five, chapter nineteen be amended and reenacted; that sections two, seven and fourteen, article one, sections six and ten, article five-j, sections four and twenty-six, article seven, chapter twenty be amended and reenacted; that said article seven be further amended by adding thereto two new sections, designated sections twenty-eight and twenty-nine; that section one, article eight and sections four, five-a, five-b, nine and twelve, article eleven of said chapter twenty be amended and reenacted; that section three, article three-b, chapter twenty-one be amended and reenacted; that chapter twenty-two be amended and reenacted; that article one, chapter twenty-two-a be amended and reenacted; that sections one, two, three, seven, twelve, twenty-three, twenty-five, thirty-three, thirty-six, fifty-three-c, fifty-four, sixty-three, sixty-six, sixty-eight, seventy, seventy-two, seventy-three, seventy-four, seventy-five, seventy-six, seventy-seven and seventy-eight, article two of said chapter twenty-two-a be amended and reenacted; that articles three, four, five, six and seven of said chapter twenty-two-a be amended and reenacted; that said chapter twenty-two-a be further amended by adding thereto three new articles, designated articles eight, nine and ten; that chapter twenty-two-b be amended and reenacted; that said code be amended by adding thereto a new chapter, designated chapter twenty-two-c; that section two, article four, chapter twenty-three be amended and reenacted; that sections one-b, one-c, one-f, one-h, one-i and four-b, article two, chapter twenty-four be amended and reenacted; that section eleven, article two-b and section five-a, article three, chapter twenty-nine be amended and reenacted; that section four, article sixteen, section twenty-a, article eighteen and section four, article nineteen, chapter thirty-one be amended and reenacted; that section nine-a, article four, chapter thirty-six be amended and reenacted; that section seventeen, article seven and section two, article twelve-a, chapter fifty-five be amended and reenacted; that section forty-seven, article three, chapter sixty-one be amended and reenacted, all of said code, all to read as follows:
ARTICLE 3. ATTORNEY GENERAL.
§ 5 - 3 - 1. Written opinions and advice and other legal services; expenditures by state officers, boards and commissions for legal services prohibited.
The attorney general shall givehiswrittenopinionopinions and advice upon questions of law, and shall prosecute and defend suits, actions, and other legal proceedings, and generally render and perform all other legal services, whenever required to do so, in writing, by the governor, the secretary of state, the auditor, the state superintendent of free schools, the treasurer, the commissioner of agriculture, the board of public works, the tax commissioner, the state archivist and historian, the commissioner of banking, the adjutant general, thecommissionerof the division of energydirector of the division of environmental protection, the superintendent of public safety, the state commissioner of public institutions, thestate roadcommissioncommissioner of the division of highways, the commissioner of the bureau of employment programs, the public service commission, or any other state officer, board or commission, or the head of any state educational, correctional, penal or eleemosynary institution; and itshall beis unlawful from and after the time this section becomes effective for any of the public officers, commissions, or other persons above mentioned to expend any public funds of the state of West Virginia for the purpose of paying any person, firm, or corporation for the performance of any legal services: Provided, That nothing contained in this sectionshall impairimpairs oraffectaffects any existing valid contracts of employment for the performance of legal services heretofore made.
CHAPTER 5F. REORGANIZATION OF THE EXECUTIVE BRANCH
OF STATE GOVERNMENT.
ARTICLE 2. TRANSFER OF AGENCIES AND BOARDS.
§ 5F-2-1. Transfer and incorporation of agencies and boards; funds.
(a) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any such agency or board, are hereby transferred to and incorporated in and shall be administered as a part of the department of administration:
ARTICLE 7. COMPENSATION AND ALLOWANCES.
§ 6 - 7 - 8. Public carriage for state officials and employees and the university of West Virginia board of trustees and the board of directors of the state college system.
State law-enforcement officials, including, but not limited to, the director of thedepartmentdivision of public safety, the adjutant general of the West Virginia national guard, the director of the office of emergency services, the director of thedepartmentdivision of natural resources, the director of the division of environmental protection, the commissioner of thedepartmentdivision of corrections, the state fire marshal, state fire administrator and officials of thestate board of regentsuniverstiy of West Virginia board of trustees and the board of directors of the state college system at the discretion of the respective chancellor thereof,shallhave the authority to use, and permit and allow or disallow their designated employees to use, publicly provided carriage to travel from their residences to their workplace and return: Provided, That such usage is subject to the supervision of such official and is directly connected with and required by the nature and in the performance of such official's or designated employee's duties and responsibilities.
CHAPTER 7. COUNTY COMMISSIONS AND OFFICERS.
ARTICLE 1. COUNTY COMMISSIONS GENERALLY.
§ 7 - 1 - 3aa. Authority of county commissions to create and fund a hazardous material accident response program.
In addition to all other powers and duties now conferred by law upon county commissions, county commissions are hereby authorized and empowered to create a hazardous material accident response program. The program may include the establishment of a hazardous materials response team. The hazardous materials response team shall include members of the fire departments, recognized and approved by the West Virginia fire commission in the county, who are designated by the county commission. The team shall also include members of emergency medical services certified pursuant to article four-c, chapter sixteen of this code who are acting in their official capacity by providing ambulance or emergency medical services within the county and who are designated as members of the hazardous materials response team by the county commission. The team may also include other people in the community who are recognized as having expertise with hazardous materials or hazardous material incidents and who are designated by the county commission to serve on the team. The purpose of the team is to respond to hazardous material incidents. The hazardous materials response team shall function and the members shall serve at the will and pleasure of the county commission. The team shall operate in cooperation with the county office of emergency services and other approved fire departments. The commission is authorized to receive donated funds and to expend those funds and to expend its own funds for the acquisition of equipment and materials for use by and training of the members of the team. The county commission is hereby authorized to enter into agreements with other counties to combine or coordinate hazardous material response team training and for the purchase or lease and use of equipment or materials.
Each county or regional solid waste authority is hereby authorized to impose a similar solid waste assessment fee to that imposed by sectionfiveeleven, articlefive-ffifteen, chaptertwentytwenty-two of this code at a rate not to exceed fifty cents per ton or part thereof upon the disposal of solid waste in that county or region. All assessments due shall be applied to the reasonable costs of administration of the county's regional or county solid waste authority including the necessary and reasonable expenses of its members, and any other expenses incurred from refuse cleanup, litter control programs, or any solid waste programs deemed necessary to fulfill its duties.
ARTICLE 20. COMBINED WATERWORKS AND SEWERAGE SYSTEMS.
§ 8 - 20 - 17. Additional and alternative method for constructing, etc., and financing combined waterworks and sewerage system; cumulative authority.
This articleshallis, without reference to any other statute or charter provision,be deemedfull authority for the acquisition, construction, establishment, extension, equipment, additions, betterment, improvement, repair, maintenance and operation of or to the combined waterworks and sewerage system herein provided for and for the issuance and sale of the bonds by this article authorized, andshall be construed asis an additional and alternative method therefor and for the financing thereof, and no petition, referendum or election or other or further proceeding with respect to any such undertaking or to the issuance or sale of bonds under this article and no publication of any resolution, ordinance, notice or proceeding relating to any such undertaking or to the issuance or sale of such bondsshall beis required, except as prescribed by this article, any provisions of other statutes of the state to the contrary notwithstanding: Provided, That all functions, powers and duties of thestate department ofbureau of public health and thedivision of water resources of the department ofnatural resources shalldivision of environmental protection remain unaffected by this article.
ARTICLE 24. PLANNING AND ZONING.
§ 8 - 24 - 27. Cooperation between planning commissions; cooperation between commissions and governing and administrative bodies and officials.
In the exercise of the powers and authority granted by this article, the planning commission of any municipality or county may cooperate with the planning commissions or governing and administrative bodies and officials of other municipalities within or without such county and of other counties, with a view to coordinating and integrating the planning and zoning of such municipality or county with the plans of such other municipalities and of such other counties, and may appoint such committee or committees and may adopt such rules and regulations as may be thought proper to effect such cooperation. Such planning commissions and governing and administrative bodies and officials of other municipalities and counties are hereby authorized to cooperate with such municipal or county planning commissions for the purposes of such coordination and integration. Similarly, such municipal or county planning commissions may cooperate with thedepartment of naturalresourcesdivision of environmental protection of this state and make use of advice and information furnished by suchdepartmentdivision and by other appropriate state and federal officials, departments and agencies, and all state departments and agencies having information, maps and data pertinent to the planning and zoning of such municipality or county may make such available for the use of such planning commissions.
ARTICLE 1C. FAIR AND EQUITABLE PROPERTY VALUATION.
§ 11-1C-10. Valuation of industrial property and natural resources property by tax commissioner; penalties; methods; values sent to assessors.
(a) As used in this section:
§ 11 - 6A - 1. Declaration of policy.
It is declared to be the public policy of the state of West Virginia to maintain reasonable standards of purity and quality of the water of the state and a reasonable degree of purity of the air resources of the state. In the exercise of the police power of the state to protect the environment and promote the public health, safety and general welfare, the Legislature hasheretoforeenacted the Water Pollution Control Act as articlefive-aeleven, chaptertwentytwenty-two of this code and the Air Pollution Control Act as articletwentyfive, chaptersixteentwenty-two thereof. It is recognized and declared by the Legislature that pollution control facilities, as hereinafter defined, are required for the protection and benefit of the environment and the general welfare of the people, are nonproductive, do not add to the economic value of a business enterprise and do not have a market value after installation in excess of salvage value.
As used in this article, "pollution control facility" means any personal property designed, constructed or installed primarily for the purpose of abating or reducing water or air pollution or contamination by removing, altering, disposing, treating, storing or dispersing the concentration of pollutants, contaminants, wastes or heat in compliance with air or water quality or effluent standards prescribed by or promulgated under the laws of this state or the United States, the design, construction and installation of which personal property was approved as a pollution control facility by either the office of water resources or the office of air quality, both of the division of environmental protection,division of the departmentof natural resources or the air pollution control commissionas the case may be.
(a)Additional coal severance tax. -- Upon every person exercising the privilege of engaging or continuing within this state in the business of severing coal, or preparing coal (or both severing and preparing coal), for sale, profit or commercial use, there is hereby imposed an additional severance tax, the amount of which shall be equal to the value of the coal severed or prepared (or both severed and prepared), against which the tax imposed by section three of this article is measured as shown by the gross proceeds derived from the sale thereof by the producer, multiplied by thirty-five one hundredths of one percent. The tax imposed by this subsection shall be in addition to the tax imposed by section three of this article, and this additional tax is hereinafter in this section referred to as the "additional tax on coal".
ARTICLE 5A. WEST VIRGINIA EMERGENCY RESPONSE AND COMMUNITY RIGHT - TO - KNOW ACT.
§ 15-5A-4. State emergency response commission created; composition and organization, qualifications, terms, removal, compensation, meetings.
(a) There is hereby created the state emergency response commission.
CHAPTER 16. PUBLIC HEALTH.
ARTICLE 1. STATE BUREAU OF PUBLIC HEALTH.
§ 16 - 1 - 9. Supervision over local sanitation.
No person, firm, company, corporation, institution or association, whether public or private, county or municipal, shall install or establish any system or method of drainage, water supply, or sewage or excreta disposal without first obtaining a written permit to install or establish such system or method from the commissioner of the bureau of public health or his or her authorized representative. All such systems or methods shall be installed or established in accordance with plans, specifications and instructions issued by the commissioner or which have been approved in writing by the commissioner or his or her authorized representative.
Notwithstanding any other provision of this code to the contrary, theProvided, That the provisions of this sectiondirectorcommissioner may, at his or her discretion, designate in writing a representative to serve in his or her stead at the meetings and in the duties of all boards and commissions on which thedirectorcommissioner is designated as a member ex officio. Such appropriately designated representative or proxy may act with the full power and authority of thedirectorcommissioner in voting, acting upon matters concerning the public health and welfare and such other business as may properly be the duty of any such said board or commission, with any such representative serving as proxy for thedirectorcommissioner at his or her will and pleasure:
§ 16 - 9 - 2. Throwing or releasing dead animals or offensive substances into waters used for domestic purposes; penalties; jurisdiction; failure to bury or destroy offensive substances after conviction; successive offenses.
Any person who knowingly and willfully throws, causes to be thrown or releases any dead animal, carcass, or part thereof, garbage, sink or shower waste, organic substance, human or animal excrement, contents of privy vault, septic tank, cesspool or the effluent from any cesspool or nauseous or offensive or poisonous substances into any well, cistern, spring, brook, pond, stream or other body of water which is used for domestic purposes,shall beis guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than twenty-five dollars nor more than two hundred dollars. None of the provisions contained in this section shall apply to those commercial or industrial wastes which are subject to the regulatory control of the West Virginiadepartment of natural resources or the West Virginia airpollution control commissiondivision of environmental protection.
Any person (1) who throws, causes to be thrown or releases any dead animal, carcass, or part thereof, garbage, sink or shower waste, organic substances, contents of a privy vault, septic tank, cesspool or the effluent from any cesspool, spoiled meat or nauseous or offensive or poisonous substances into any river, creek or other stream, or upon the surface of any land adjacent to any river, creek or other stream in such a location that high water or normal drainage conditions will cause such offensive materials to be washed, drained or cast into the river, creek or other stream; or (2) who throws, or causes to be thrown or releases any of such offensive materials upon the surface of any road, right-of-way, street, alley, city or town lot, public ground, market space, common or private land, or (3) who, being the owner, lessee or occupant of any city or town lot, public ground, market space, common or private land knowingly permits any such offensive materials to remain thereon or neglects or refuses to remove or abate the public health menace or nuisance occasioned thereby, within twenty-four hours of the service of notice thereof in writing from thestate director ofcommissioner of the bureau of public health or his or her duly authorized representative,shall beis guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than one hundred dollars nor more than one thousand dollars. None of the provisions contained in this sectionshallapply to those commercial or industrial wastes which are subject to the regulatory control of the West Virginiadepartment of naturalresources or the West Virginia air pollution control commissiondivision of environmental protection.
§ 16 - 12 - 6. Penalty for failure to provide sewers and sewage treatment plant; duties of
All sanitary districts organized under the provisions of this article shall proceed as rapidly as possible to provide sewers and a plant or plants for the treatment or purification of its sewage, which plant or plants shall be of suitable kind and sufficient capacity to properly treat and purify such sewage so as to conduce to the preservation of the public health, comfort and convenience and to render said sewage harmless, insofar as is reasonably possible, to animal, fish and plant life. Any violation of this proviso and any failure to observe and follow same, by any sanitary district organized under this article,shall be held, and is hereby declared, to beis a misdemeanor on the part of the sanitary district and upon conviction, said sanitary district shall be punished by such fine as law and equity may require, and the trustees thereof may be removed from office as trustees of said sanitary district by an order of the court before whom the cause is heard. Itshall beis the duty of thestate water resources boarddivision of environmental protection orstate department ofthe bureau of public health or other body having proper supervision of such matters, tocauseenforce the foregoing provisions;to be enforced;and upon complaint of saidboardoffice ordepartmentbureau itshall beis the duty of the attorney general or prosecuting attorney of the county in which such violation may occur, to institute and prosecute such cause by indictment or in the manner provided by law.
Notwithstanding any other provision contained in this article, and in addition thereto, the governing body of any municipal corporation which has received or which hereafter receives an order issued by theProvided, That if such change or readjustment be made substantially pro rata, as to all classes of service, no hearing or noticechiefdirector of the division ofwater resourcesenvironmental protection or thestate waterresourcesenvironmental quality board requiring such municipal corporation to cease the pollution of any stream or waters, is hereby authorized and empowered to fix, establish and maintain, by ordinance, just and equitable rates or charges for the use of the services and facilities of the existing sewer system of such municipal corporation, and/or for the use of the services and facilities to be rendered upon completion of any works and system necessary by virtue of said order, to be paid by the owner, tenant or occupant of each and every lot or parcel of real estate or building that is connected with and uses any part of such sewer system, or that in any way uses or is served thereby, and may change and readjust such rates or charges from time to time. Such rates or charges shall be sufficient for the payment of all the proper and reasonable costs and expenses of the acquisition and construction of plants, machinery and works for the collection and/or treatment, purification and disposal of sewage, and the repair, alteration and extension of existing sewer facilities, as may be necessary to comply with such order of thechiefdirector of the division ofwater resourcesenvironmental protection or thestate water resourcesenvironmental quality board, and for the operation, maintenance and repair of the entire works and system; and the governing body shall create, by ordinance, a sinking fund to accumulate and hold any part or all of the proceeds derived from rates or charges until completion of said construction, to be remitted to and administered by thestate sinking fundmunicipal bond commission by expending and paying said costs and expenses of construction and operation in the manner as provided by said ordinance; and after the completion of the construction such rates or charges shall be sufficient in each year for the payment of the proper and reasonable costs and expenses of operation, maintenance, repair replacement, and extension from time to time, of the entire sewer and works. No such rates or charges shall be established until after a public hearing, at which all the potential users of the works and owners of property served or to be served thereby and othersinterestedshall have had an opportunity to be heard concerning the proposed rates or charges. After introduction of the ordinance fixing such rates or charges, and before the same is finally enacted, notice of such hearing, setting forth the proposed schedule of such rates or charges, shall be given by publication of such notice as a Class II-O legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code, and the publication area for such publicationshall beis the municipality. The first publication shall be made at least ten days before the date fixed therein for the hearing. After such hearing, which may be adjourned from time to time, the ordinance establishing the rates or charges, either as originally introduced or as modified and amended, may be passed and put into effect. A copy of the schedule of such rates and charges so established shall be kept on file in the office of the sanitary board having charge of the construction and operation of such works, and also in the office of the clerk of the municipality, and shall be open to inspection by all parties interested. The rates or charges so established for any class of users or property served shall be extended to cover any additional premises thereafter served which fall within the same class, without the necessity of any hearing or notice. Any change or readjustment of such rates or charges may be made in the same manner as such rates or charges were originally established as hereinbefore provided:
§ 16 - 13A - 1b. County commissions to develop plan to create, consolidate, merge, expand or dissolve public service districts.
Each county commission shall conduct a study of all public service districts which have their principal offices within its county and shall develop a plan relating to the creation, consolidation, merger, expansion or dissolution of such districts or the consolidation or merger of management and administrative services and personnel and shall present such plan to the public service commission for approval, disapproval, or modification:Provided, That within ninety days of the effective date of this section each county commission in this state shall elect either to perform its own study or request that the public service commission perform such study. Each county commission electing to perform its own study
From and after the date of the adoption of the order creating any public service district, itProvided, That no contract shall extend beyond a maximum of forty years, but provisions may be included therein for a renewal or successive renewals thereof and shall conform to and comply with the rights of the holders of any outstanding bonds issued by the municipalities for the public service properties.shall thereafter beis a public corporation and political subdivision of the state, but without any power to levy or collect ad valorem taxes. Each district may acquire, own and hold property, both real and personal, in its corporate name, and may sue, may be sued, may adopt an official seal and may enter into contracts necessary or incidental to its purposes, including contracts with any city, incorporated town or other municipal corporation located within or without its boundaries for furnishing wholesale supply of water for the distribution system of the city, town or other municipal corporation, and contract for the operation, maintenance, servicing, repair and extension of any properties owned by it or for the operation and improvement or extension by the district of all or any part of the existing municipally owned public service properties of any city, incorporated town or other municipal corporation included within the district:
The board may make, enact and enforce all needful rules and regulations in connection with the acquisition, construction, improvement, extension, management, maintenance, operation, care, protection and the use of any public service properties owned or controlled by the district, and the board shall establish rates and charges for the services and facilities it furnishes, which shall be sufficient at all times, notwithstanding the provisions of any other law or laws, to pay the cost of maintenance, operation and depreciation of such public service properties and principal of and interest on all bonds issued, other obligations incurred under the provisions of this article and all reserve or other payments provided for in the proceedings which authorized the issuance of any bonds hereunder. The schedule of such rates and charges may be based upon either (a) the consumption of water or gas on premises connected with such facilities, taking into consideration domestic, commercial, industrial and public use of water and gas; or (b) the number and kind of fixtures connected with such facilities located on the various premises; or (c) the number of persons served by such facilities; or (d) any combination thereof; or (e) may be determined on any other basis or classification which the board may determine to be fair and reasonable, taking into consideration the location of the premises served and the nature and extent of the services and facilities furnished. Where water, sewer and gas services are all furnished to any premises, the schedule of charges may be billed as a single amount for the aggregate thereof. The board shall require all users of services and facilities furnished by the district to designate on every application for service whether the applicant is a tenant or an owner of the premises to be served. If the applicant is a tenant, he or she shall state the name and address of the owner or owners of the premises to be served by the district. All new applicants for service shall deposit a minimum of fifty dollars with the district to secure the payment of service rates and charges in the event they become delinquent as provided in this section. In any case where a deposit is forfeited to pay service rates and charges which were delinquent at the time of disconnection or termination of service, no reconnection or reinstatement of service may be made by the district until another minimum deposit of fifty dollars has been remitted to the district. Whenever any rates, rentals or charges for services or facilities furnished remain unpaid for a period of thirty days after the same become due and payable, the property and the owner thereof, as well as the user of the services and facilities providedProvided, That the property owner shall be given notice of any said delinquency by certified mail, return receipt requested. The board may, under reasonable rulesshall beare delinquent and the owner, user and propertyshall be heldare liable at law until such time as all such rates and charges are fully paid:
This articleProvided, That all functions, powers and duties of the public service commission of West Virginia, theshall constituteis full and complete authority for the creation of public service districts and for carrying out the powers and duties of same as herein provided. The provisions of this article shall be liberally construed to accomplish its purpose and no procedure or proceedings, notices, consents or approvals,shall beare required in connection therewith except as may be prescribed by this article:
(a) After the execution of an agreement or agreements for the construction of a project with another governmental agency or the acceptance by the board of a bid by one or more contractors as contemplated by section nine of this article, but prior to the commencement of construction, the board shall cause the engineer, governmental agency or person charged by the board with the supervision of the project, to prepare a report describing each lot or parcel of land abutting the project in the case of a wastewater or water project, or each lot or parcel on which a flood relief project shall be undertaken or shall protect in the case of such a project; and setting forth the total cost of the project based on the contract with the governmental agency, or the accepted bid or bids, and all other costs incurred prior to the commencement of construction, and the respective amounts chargeable upon each lot or parcel of land which may be assessed and the proper amount to be assessed against the respective lots or parcels of land in accordance with sections eleven and twelve of this article, with a description of the lots and parcels of land as to ownership, frontage and location. If two or more different kinds of projects are involved, the report shall set forth the portion of the assessment attributable to each respective project. The board shall thereupon give notice to the owners of property to be assessed that on or after a date specified in the notice an assessment may be levied against the property:Provided, That construction of a project shall not commence until the assessment district has laid all assessments on the property to be benefitted by the project and has issued all assessment certificates necessary to evidence the assessments in accordance with section fifteen of this article. The notice shall state that the owner of assessed property, or other interested party, may on said date appear before the board to move the revision or correction of the proposed assessment, and shall show the total cost of the project, whether the assessments will pay for all or part of the total cost of the project, and the lots or parcels of property to be assessed and the respective amounts to be assessed against such lots or parcels, with a description of the respective lots and parcels of land as to ownership, frontage and location. The notice shall be published as a Class II-O legal advertisement in compliance with the provisions of article three, chapter fifty-nine of the code, and the publication area for such publication
(a) No person shall store or dispose of any radioactive waste material within the state:Provided, That the provisions of this section
ARTICLE 1B. SEDIMENT CONTROL DURING COMMERCIAL TIMBER HARVESTING OPERATIONS.
§ 19-1B-3. Definitions.
(a) "Best management practices" means sediment control measures, structural or nonstructural, used singly or in combination, to reduce soil runoff from land disturbances associated with commercial timber harvesting.
§ 19-1B-5. Compliance orders, suspension of timbering operating license.
(a) Upon a finding by the chief that failure to use a particular best management practice is causing or contributing, or has the potential to cause or contribute, to soil erosion or water pollution, the chief shall notify the director of the location of the site, the problem associated with the site, and any suggested corrective action. Upon the failure of the director to take appropriate action within three days of providing notice to the director, the chief may seek relief through the conference panel in accordance with section eleven of this article.
(a) After the first day of July, one thousand nine hundred ninety-three, any individual supervising any timbering operation must be certified pursuant to this article.
§ 19-12A-5. Powers, duties and responsibilities of commission.
(a) On or before the first day of July, one thousand nine hundred ninety, the commission shall meet and confer with respect to the development of a management plan to determine the optimum use or disposition of all institutional farms, at which time the farm management director shall provide the commission with a complete inventory of all institutional farms, and such information relating to easements, mineral rights, appurtenances, farm equipment, agricultural products, livestock, inventories and farm facilities as may be necessary to develop such management plan. The commission shall complete and provide to the governor a management plan, which plan shall set forth the objectives of the commission with respect to institutional farms, the criteria by which the commission shall determine the optimum use or disposition of such property, and determinations as to whether each institutional farm shall be used in production, sold, or leased, in whole or in part. Prior to the adoption of any plan, the commission shall consult with the secretaries of the various departments of state government and shall request from such secretaries suggestions for land use and resource development on farm commission lands. On or before the first day of December, one thousand nine hundred ninety, such management plan shall be presented to the Legislature, by providing a copy to the president of the Senate and the speaker of the House of Delegates. The commission may confer with any other agency or individual in implementing and adjusting its management plan. The management plan established pursuant to this subsection may be amended, from time to time, as may be necessary.
(a) The state soil conservation committee is continued.There is hereby established,It is to serve as an agency of the state and to perform the functions conferred upon it in this article.the state soil conservation committeeThe committee shall consist of seven members. The following shall serve, ex officio, as members of the committee: The director of the state cooperative extension service; the director of the state agricultural experiment station; the director of thedepartmentof natural resourcesdivision of environmental protection; and the state commissioner of agriculture, who shall be chairman of the committee.
Unless the context used clearly requires a different meaning, as used in this article:
ARTICLE 1. ORGANIZATION AND ADMINISTRATION.
§ 20 - 1 - 2. Definitions.
As used in this chapter, unless the context clearly requires a different meaning:
In addition to all other powers, duties and responsibilities granted and assigned to the director in this chapter and elsewhere by law, the director is hereby authorized and empowered to:
Sections of wildlife resourcesof water resourcesand of law enforcement are herebycreated and establishedcontinued within the division of natural resources. Subject to provisions of law, the director of the division of natural resources shall allocate the functions and services of the division to the sections, offices and activities thereof and may from time to time establish and abolish other sections, offices and activities within the division in order to carry out fully and in an orderly manner the powers, duties and responsibilities of the office as director. The director shall select and designate a competent and qualified person to be chief of each section. The chiefshall beis the principal administrative officer of that section andshall beis accountable and responsible for the orderly and efficient performance of the duties, functions and services thereof.
(a) The secretary shall promulgate legislative rules, in accordance with the provisions of chapter twenty-nine-a of this code, necessary to effectuate the findings and purposes of this article. Said rules shall include, but not be limited to, the following:
(a) On and after the first day of July, one thousand nine hundred ninety-one, collectors, haulers and transporters of infectious medical waste who are "common carriers by motor vehicle," as defined in section two, article one, chapter twenty-four-a of this code, shall be regulated by the public service commission in accordance with the provisions of chapter twenty-four-a and rulesand regulationspromulgated thereunder. The rules of the public service commission shall not conflict nor take precedence over the rules promulgated by the secretary.
§ 20 - 7 - 4. Powers and duties of conservation officers.
Conservation officers and all other persons authorized to enforce the provisions of this chapter shall be under the supervision and direction of the director in the performance of their duties as herein provided. The authority, powers and duties of the conservation officers shall be statewide and they shall have authority to:
§ 20-7-26. Unlawful disposal of litter; civil and criminal penalties; litter control fund; evidence; notice of violations; litter receptacle placement; penalties; duty to enforce violations.
(a) (1) Any person who places, deposits, dumps or throws or causes to be placed, deposited, dumped or thrown any litter as defined in section twenty-four of this article, in or upon any public or private highway, road, street or alley, or upon any private property without the consent of the owner, or in or upon any public park or other public property other than in such place as may be set aside for such purpose by the governing body having charge thereof, is guilty of a misdemeanor, and, upon his or her first conviction, shall be fined not less than fifty dollars nor more than five hundred dollars: Provided, That a person shall not be held responsible for the actions of animals under their direct control. At the request of the defendant or in the discretion of the court, the court may sentence the defendant to pick up and remove from any public highway, road, street, alley or any other public park or public property as designated by the court, any and all litter, garbage, refuse, trash, cans, bottles, papers, ashes, carcass of any dead animal or any part thereof, offal or any other offensive or unsightly matter placed, deposited, dumped or thrown contrary to the provisions of this section by anyone prior to the date of such conviction. For the first offense, the alternative sentence of litter pickup shall be not less than eight hours nor more than sixteen hours in lieu of other such fine. For purposes of this subdivision, the term "court"shall includeincludes circuit, magistrate and municipal courts.
(a) Itshall beis unlawful to place, deposit, dump or throw, or cause to be placed, deposited, dumped or thrown, any litter as defined in section twenty-four of this articleseven of thischapterand also any garbage, refuse, trash, can, bottle, paper, ashes, carcass of any dead animal or any part thereof, offal or any other offensive or unsightly matter into any river, stream, creek, branch, brook, lake or pond, or upon the surface of any land within one hundred yards thereof, or in such location that high water or normal drainage conditions will cause any such materials or substances to be washed into any river, stream, creek, branch, brook, lake or pond.
§ 20 - 8 - 1. Transition in terms; continuity.
Whenever in this code and elsewhere in law the terms "the conservation commission of West Virginia," "conservation commission,""director of conservation" and similar and related terms are used and referenced, they shall be read, understood and construed in the light of the enactment of this chapter by which the conservation commission and the office of director of conservation are abolished and the responsibilities, functions and services thereof are transferred to and absorbed in thedepartmentdivision of natural resources, the natural resources commission and the office of director of thedepartmentdivision of natural resources as in this chapter provided.
§ 20-11-4. Recycling plans.
(a) Each county or regional solid waste authority, as part of the comprehensive litter and solid waste control plan required pursuant to the provisions of sectionseveneight, articlenineof thisfour, chapter twenty-two-c of this code, shall prepare and adopt a comprehensive recycling plan to assist in the implementation of the recycling goals in section three of this article.
(a)Imposition. -- Effective the first day of January, one thousand nine hundred ninety-two, a recycling assessment fee is hereby levied and imposed upon the disposal of solid waste at all solid waste disposal facilities in this state, to be collected at the rate of two dollars per ton or part thereof of solid waste. The fee imposed by this section
(a)Imposition. -- Effective the first day of January, one thousand nine hundred ninety-two, a solid and hazardous waste supplemental assessment fee is hereby
(a) The division of natural resources recycled oil advisory committee isthe collection, handling, transportation, storage, disposal and recycling of used motor oil.hereby createdcontinued. The recycled oil advisory committee shall consist of nine members appointed by the governor, for terms of two years, whoshallserve without compensation. One member of the committee shall have significant experience in the oil refining industry, one member shall have significant experience in the jobbing or distributing of motor oil, one member shall be a representative of retail gasoline dealers, one member shall be a representative of retail merchants, one member shall be a representative of the insurance industry, one member shall be a member of a county or regional solid waste authority, one member shall be a member of the general public, one member shall be a member of the House of Delegates recommended by the speaker of the House of Delegates, and one member shall be a member of the Senate recommended by the president of the Senate. The director of the division of natural resources or his or her designated representative shall be an ex officio member of the committee and shall serve aschairmanchair of the committee. The recycled oil advisory committee shall meet at least monthly, or upon the call of four members, to discuss all aspects of
ARTICLE 3B. EMPLOYER ASSISTANCE FOR ENVIRONMENTAL PROTECTION.
§ 21-3B-3. Environmental assistance resource board.
There is hereby created within the division of labor an environmental assistance resource board to advise and assist the commissioner of labor in developing the technical resources necessary to administer the provisions of this article. The board is composed of the commissioner of the division of labor, whoshall serveserves as chair; thedirector of the airpollution control commissionchief of the office of air quality of the division of environmental protection; the chief of thedivisionoffice of water resources of the division ofnaturalresourcesenvironmental protection; the chief of thedivisionoffice of waste management of the division ofnatural resourcesenvironmental protection; thecommissionerdirector of the division of environmental protection; one member of the House of Delegates appointed by the speaker of the House; and one member of the Senate appointed by the president of the Senate. Terms of legislative members of the boardshallrun concurrent with the member's legislative term of office.
CHAPTER 22. ENVIRONMENTAL RESOURCES.
ARTICLE 1. DIVISION OF ENVIRONMENTAL PROTECTION.
§ 22-1-1. Legislative findings; legislative statement of policy and purpose.
(a) The Legislature finds that:
§ 22-1-2. Definitions.
As used in this article, unless otherwise provided or indicated by the context:
§ 22-1-3.22-1-13.Rulesandregulations. Rule - making generally; relationship to federal programs.
(a) The director has the power and authority to propose legislative rules for promulgation in accordance with the provisions of article three, chapter twenty-nine-a of this codefor the orderly transfer of functions and offices and thereorganization of the division, andto carry out and implement the provisions of this chapter, and chapters twenty-two-a andtwenty-two-b of this code orand to carry out and implement any other provision of law relating to offices or functionstransferred pursuant to this articleof the division.
(a) Except as otherwise expressly provided in this chapter orin chapter twenty-two-a or twenty-two-b of this code,jurisdiction over the issuance of regulations, or any and allpermits and other governmental authorizations required or to berequired in all matters pertaining to the exploration,development, production, storage and recovery of coal, oil andgas, and other mineral resources in this state, including allconservation, land, water, waste disposal, reclamation andenvironmental regulations, permits and authorizations of suchactivities called for pursuant to articles five, five-a, five-dand five-f, chapter twenty of this code, and the enforcement andimplementation thereof is vested exclusively in the division.Except as may be otherwise provided in this code, the division is hereby designated as the lead regulatory agency for this state for all purposes of federal legislation relating tosuchall activities regulated under this chapter.
(a) The directorshall beis the chief executive officer of the division. Subject to section seven of this article and other provisions of law,he or shethe director shall organize the division into such offices, sections, agencies and other units of activity as may be found by the director to be desirable for the orderly, efficient and economical administration of the division and for the accomplishment of its objects and purposes. The director may appoint assistants, hearing officers, clerks, stenographers, and other officers, technical personnel and employees needed for the operation of the division and may prescribe their powers and duties and fix their compensation within amounts appropriated therefor.
§
(a) All orders, determinations, rules, permits, grants, contracts, certificates, licenses, waivers, bonds, authorizations and privileges which have been issued, made, granted, or allowed to become effective by the governor, any state department or agency or official thereof, or by a court of competent jurisdiction, in the performance of functions whicharehave been transferredunder this article to the secretary,to the director or to the division, andwhich arewere in effect on the date such transferoccurs, shalloccurred continue in effect, for the benefit of the division, according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with the law by the governor, the secretary, the director, or other authorized official, a court of competent jurisdiction, or by operation of law.
This article shall be known and cited as the "Abandoned Mine Lands and Reclamation Act".
The Legislature finds that there are a substantial number of acres of land throughout the state that were disturbed by surface-mining operations prior to the time of present day effective control and regulation. There was little or no reclamation conducted and the impacts from these unreclaimed lands impose social and economic costs on residents in nearby and adjoining areas as well as continue to impair environmental quality, prevent or damage the beneficial use of land or water resources, or endanger the health and safety of the public.
(a) All definitions set forth in article three of this chaptertwenty-two-a of this codeapply to those defined terms which also appear in this article, if applicable.
(a) All abandoned land reclamation funds available under Title IV ofPublic Law 95-87the federal Surface Mining Control and Reclamation Act of 1977, as amended, private donations received, any state appropriated or transferred funds, or funds received from the sale of land by the director, under this article shall be deposited with the treasurer of the state of West Virginia to the credit of the abandoned land reclamation fund heretofore created, and expended pursuant to the requirements of this article.
(a) The director shall submit to the secretaryof theinteriora state reclamation plan and annual projects to carry out the purposes of this article.
(a) If the director makes a finding of fact that:
(a) Within six months after the completion of a project to restore, reclaim, abate, control or prevent adverse effects of past coal surface-mining practices on a privately owned land, the director shall itemize the moneys so expended and may file a statement thereof in the office of the clerk of the county commission in the county in which the land lies, together with a notarized appraisal by an independent appraiser of the value of the land before the restoration, reclamation, abatement, control or prevention of adverse effects of past coal surface-mining practices, if the moneys so expended result in a significant increase in property value. The statement constitutes a lien upon the land. The lien shall not exceed the amount determined by the appraisal to be the increase in the market value of the land as a result of the restoration, reclamation, abatement, control or prevention of the adverse effects of past coal surface-mining practices. No lien may be filed against the property of any person in accordance with this subsection, who owned the surface prior to the second day of May, one thousand nine hundred seventy-seven, and who neither consented to, nor participated in, nor exercised control over the mining operation which necessitated the reclamation performed hereunder.
(a) The Legislature declares that voids, open and abandoned tunnels, shafts and entryways and subsidence resulting from any previous coal surface-mining operationconstituteare a hazard to the public welfare and safety and that surface impacts of any underground or surface-mining operation may degrade the environment. The director is authorized to fill the voids, seal the abandoned tunnels, shafts and entryways, and reclaim surface impacts of underground or surface mines and remove water and other matter from mines which the director determines could endanger life and property,constituteare a hazard to the public welfare and safety or degrade the environment.
(a) The director is authorized to engage in any work and to do all things necessary and proper, including promulgation of rulesand regulations, to implement and administer the provisions of this article.
This article shall be known and cited as the"West Virginia"Surface Coal Mining and Reclamation Act."
(a) The Legislature finds that it is essential to the economic and social well-being of the citizens of the state of West Virginia to strike a careful balance between the protection of the environment and the economical mining of coal needed to meet energy requirements.
As used in this article, unless used in a context that clearly requires a different meaning, the term:
(a) Thecommissionerdirector shall administer the provisions of this article relating to surface-mining operations. Thecommissioner shall havedirector has within his or her jurisdiction and supervision all lands and areas of the state, mined or susceptible of being mined, for the removal of coal and all other lands and areas of the state deforested, burned over, barren or otherwise denuded, unproductive and subject to soil erosion and waste. Included within such lands and areasshallbeare lands seared and denuded by chemical operations and processes, abandoned coal mining areas, swamplands, lands and areas subject to flowage easements and backwaters from river locks and dams, and river, stream, lake and pond shore areas subject to soil erosion and waste. The jurisdiction and supervision exercised by thecommissionerdirector shall be consistent with other provisions of this chapter.
Thecommissionerdirector shall determine the number of surface-mining reclamation supervisors and inspectors needed to carry out the purposes of this article and appoint them as such. All such appointees shall be qualified civil service employees, but no personshall beis eligible for such appointment until he or she has served in a probationary status for a period of six months to the satisfaction of thecommissionerdirector.
Except as otherwise provided in this article, surface-mining reclamation inspectors and inspectors in training shall make all necessary surveys and inspections of surface-mining operations required by the provisions of this article, shall administer and enforce all surface-mining laws and rulesand regulations,and shall perform such other duties and services as may be prescribed by thecommissionerdirector. Such inspectors shall give particular attention to all conditions of each permit to ensure complete compliance therewith. Such inspectors shall note and describe all violations of this article and immediately report such violations to thecommissionerdirector in writing, furnishing at the same time a copy of such report to the operator concerned.
(a) Any person intending to prospect for coal in an area not covered by a surface-mining permit, in order to determine the location, quantity or quality of a natural coal deposit, making feasibility studies or for any other purpose, shall file with theProvided, That prior to the commencement of such prospecting, thecommissionerdirector, at least fifteen days prior to commencement of any disturbance associated with prospecting, a notice of intention to prospect, which notice shall include a description of the prospecting area, the period of supposed prospecting and such other information as required by rulesorregulationspromulgated pursuant to this section:
§ 22-3-8 .
No person may engage in surface-mining operations unless such person has first obtained a permit from the commissioner in accordance with the following:
(a) The surface-mining permit application shall contain:
(a) Each reclamation plan submitted as part of a surface-mining permit application shall include, in the degree of detail necessary to demonstrate that reclamation required by this article can be accomplished, a statement of:
(a) After a surface-mining permit application has been approved pursuant to this article, but before a permit has been issued, each operator shall furnish a penalbond, on a form to be prescribed and furnished by the
(a) Notwithstanding the provisions of section eleven of this article, the directorof the division of environmental protectionmay establish and implement a site-specific bonding system in accordance with the provisions of this section.
(a) Any permit issued by thecommissionerdirector pursuant to this article to conduct surface-mining operations shall require that such surface-mining operations will meet all applicable performance standards of this article and other requirements as thecommissioner shall promulgatedirector promulgates.
(a) TheProvided, That in adopting suchcommissionerdirector shall promulgate separateregulationsrules directed toward the surface effects of underground coal mining operations, embodying the requirements in subsection (b) of this section:
(a) Thecommissionerdirector shall cause to be made such inspections of surface-mining operations as are necessary to effectively enforce the requirements of this article and for such purposes thecommissionerdirector or his or her authorized representative shall without advance notice and upon presentation of appropriate credentials: (A) Have the right of entry to, upon or through surface-mining operations or any premises in which any records required to be maintained under subdivision (1), subsection (b) of this section are located; and (B) at reasonable times and without delay, have access to and copy any records and inspect any monitoring equipment or method of operation required under this article.
(a) Notwithstanding any other provisions of this article, a surface-mining reclamation inspectorshall havehas the authority to issue a cessation order for any portion of a surface-mining operation when an inspector determines that any condition or practice exists, or that any permittee is in violation of any requirements of this article or any permit condition required by this article, which condition, practice or violation also creates an imminent danger to the health or safety of the public, or is causing or can reasonably be expected to cause significant, imminent environmental harm to land, air or water resources. The cessation ordershall taketakes effect immediately. Unless waived in writing, an informal conference shall be held at or near the site relevant to the violation set forth in the cessation order within twenty-four hours after the order becomes effective or such order shall expire. The conference shall be held before a surface-mining reclamation supervisor who shall, immediately upon conclusion of said hearing, determine when and if the operation or portion thereof may resume.Any operatorOperators whobelieves he isbelieve they are aggrieved by the decision of the surface-mining reclamation supervisor may immediately appeal to thecommissionerdirector, setting forth reasons why the operation should not be halted. Thecommissionerdirector forthwith shall determine when the operation or portion thereof may be resumed.
(a) If any of the requirements of this article, rulesandregulationspromulgated pursuant thereto or permit conditions have not been complied with, thecommissionerdirector shall cause a notice of violation to be served upon the operator orhisthe operator's duly authorized agent. A copy of the notice shall be handed to the operator orhisthe operator's duly authorized agent in person or served by certified mail addressed to the operator at the permanent address shown on the application for a permit. The notice shall specify in what respects the operator has failed to comply with this article, rulesand regulationsor permit conditions and shall specify a reasonable time for abatement of the violation not to exceed thirty days. If the operator has not abated the violation within the time specified in the notice, or any reasonable extension thereof, not to exceed sixty days, thecommissionerdirector shall order the cessation of the operation or the portion thereof causing the violation, unless the operator affirmatively demonstrates that compliance is unattainable due to conditions totally beyond the control of the operator. If a violation is not abated within the time specified or any extension thereof, or any cessation order is issued, a mandatory civil penalty of not less than seven hundred fifty dollars per day per violation shall be assessed. A cessation ordershall remainremains in effect until thecommissionerdirector determines that the violation has been abated or until modified, vacated or terminated by thecommissionerdirector or by a court. In any cessation order issued under this subsection, thecommissionerdirector shall determine the steps necessary to abate the violation in the most expeditious manner possible and shall include the necessary measures in the order.
(a) Upon the receipt of a complete surface-mining application or significant revision or renewal thereof, including public notification and an opportunity for a public hearing, thecommissionerdirector shall grant, require revision of, or deny the application for a permit within sixty days and notify the applicant in writing ofhisthe decision. The applicant for a permit, or revision of a permit, has the burden of establishing that the application is in compliance with all the requirements of this article and the rules promulgated hereunder.
(a) (1) Any valid permit issued pursuant to this articleProvided, That on application for renewal, the burdenshall carrycarries with it the right of successive renewal upon expiration with respect to areas within the boundaries of the existing permit. The holders of the permit may apply for renewal and the renewal shall be issued:
(a) At the time of submission of an application for a surface-mining permit or a significant revision of an existing permit pursuant to the provisions of this article, the applicant shall submit to thedepartmentdivision a copy of the required advertisement. At the time of submission, the applicant shall place the advertisement in a local newspaper of general circulation in the county of the proposed surface-mining operation at least once a week for four consecutive weeks. Thecommissionerdirector shall notify various appropriate federal and state agencies as well as local governmental bodies, planning agencies and sewage and water treatment authorities or water companies in the locality in which the proposed surface-mining operation will take place, notifying them of the operator's intention to mine on a particularly described tract of land and indicating the application number and where a copy of the proposed mining and reclamation plan may be inspected. These local bodies, agencies, authorities or companies may submit written comments within a reasonable period established by thecommissionerdirector on the mining application with respect to the effect of the proposed operation on the environment which is within their area of responsibility. Such comments shall be immediately transmitted by thecommissionerdirector to the applicant and to the appropriate office of thedepartmentdivision. Thecommissionerdirector shall provide the name and address of each applicant to the commissioner of the division of labor who shall within fifteen days from receipt notify thecommissionerdirector as to the applicant's compliance, if necessary, with section fourteen, article five, chapter twenty-one of this code.
(a) If an informal conference has been held, thecommissionerdirector shall issue and furnish the applicant for a permit and persons who were parties to the informal conference with the written finding granting or denying the permitm, in whole or in part, and stating the reasons therefor within thirty days of the informal conference, notwithstanding the requirements of subsection (a), section eighteen of this article.
(a) TheProvided, That such designation shall not prevent prospecting pursuant to section seven of this article on any area so designated.commissionerdirector shall establish a planning process to enable objective decisions based upon competent and scientifically sound data and information as to which, if any, land areas of this state are unsuitable for all or certain types of surface-mining operations pursuant to the standards set forth in subdivisions (1) and (2) of this subsection:
(a) The permittee may file a request with thecommissionerdirector for the release of aperformancebond or deposit. The permittee shall publish an advertisement regarding such request for release in the same manner as is required of advertisements for permit applications. A copy of such advertisement shall be submitted to thecommissionerdirector as part of any bond release application and shall contain a notification of the precise location of the land affected, the number of acres, the permit and the date approved, the amount of the bond filed and the portion sought to be released, the type and appropriate dates of reclamation work performed and a description of the results achieved as they relate to the permittee's approved reclamation plan. In addition, as part of any bond release application, the permittee shall submit copies of letters whichhethe permittee has sent to adjoining property owners, local government bodies, planning agencies, sewage and water treatment authorities or water companies in the locality in which the surface-mining operation is located, notifying them of the permittee's intention to seek release from the bond. Any request for grade release shall also be accompanied by final maps.
(a) Nothing in this articleshall be construed as affectingaffects in any way the rights of any person to enforce or protect, under applicable law,histhe person's interest in water resources affected by a surface-mining operation.
(a) Except as provided in subsection (b) of this section, any person having an interest which is or may be adversely affected may commence a civil action in the circuit court of the county to which the surface-mining operation is located onhisthe person's own behalf to compel compliance with this article:
The provisions of this article do not apply to any of the following activities:
No land or interest in land owned by the state may be leased, and no present lease may be renewed by the state, nor any agency of the state, for the purpose of conducting surface-mining operations thereon unless said lease or renewalProvided, That the provisions of this sectionshall havehas been first authorized by an act of the Legislature:
(a) Except where exempted by section twenty-six of this article, itshall hereafter beis unlawful for any person to engage in surface mining as defined in this article as an incident to the development of land for commercial, residential, industrial or civic use without having first obtained from thecommissionerdirector a permit therefor as provided in section eight of this article, unless a special permit thereforshallhavehas been first obtained from thecommissionerdirector as provided in this section.
In order to encourage advances in surface mining and reclamation practices or to allow postmining land use for industrial, commercial, residential, agricultural or public use, including recreational facilities, thecommissionerdirector may authorize departures, in individual cases and on an experimental basis, from the environmental protection performance standards promulgated under this article. Such departures may be authorized if the experimental practices are potentially more or at least as environmentally protective during and after surface-mining operations as those required by promulgated standards; the surface-mining operations approved for particular land use or other purposes are not larger or more numerous than necessary to determine the effectiveness and economic feasibility of the experimental practices; and the experimental practices do not reduce the protection afforded health or safety of the public below that provided by promulgated standards.
The directorof the division of mines and minerals shall beis responsible for the training, examination and certification of persons engaging in or directly responsible for blasting or use of explosives in surface-mining operations.
(a) No employee of the divisionof mines and mineralsengaged in the enforcement or administration of this article or employee of thereclamation board of reviewsurface mine board performing any function or duty under this article shall have a direct or indirect financial interest in any surface-mining operation. Whoever knowingly violates the provisions of this subsection is guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than two thousand five hundred dollars, or imprisoned in the county jail not more than one year, or both fined and imprisoned. Thecommissionerdirector shall establish methods by which the provisions of this subsection will be monitored and enforced, including appropriate provisions for the filing and the review of statements and supplements thereto concerning any financial interest which may be affected by this subsection.
(a)Imposition of tax. -- Upon every person in this state engaging in the privilege of severing, extracting, reducing to possession or producing coal for sale, profit or commercial use, there is hereby imposed an annual tax equal to two cents per ton of coal produced by such person for sale, profit or commercial use during such person's taxable year. The special tax imposed by this section is in addition to all other taxes levied by law. In no event may a ton of coal be taxed more than once under the provisions of this section.
§ 22-4-1.
Except as otherwise provided in sectioneighteen of thisthirty-eight, article one, chapter twenty-two-a of this code thedepartment of energydivision of environmental protection is hereby vested with jurisdiction over all aspects of surface mining and with jurisdiction and control over land, water and soil aspects pertaining to surface-mining operations, and the restoration and reclamation of lands surface mined and areas affected thereby.
Unless the context in which used clearly requires a different meaning, as used in this article:
Except as otherwise provided in this article, thecommissionerdirector shall administer all of the laws of this state relating to surface mining and shall exercise all of the powers and perform all of the duties by law vested in and imposed upon him or her in relation to said operations.Thejurisdiction, supervision and enforcement authority granted thecommissioner in this article shall be in addition to thejurisdiction, supervision and enforcement authority granted inthis chapter.
Thecommissionerdirector shall determine the number of surface-mining reclamation supervisors and inspectors needed to carry out the purposes of this article and appoint them as such. All such appointees shall be eligible civil service employees, but no personshall beis qualified for such appointment until he or she has served in a probationary status for a period of one year to the satisfaction of thecommissioner of energy.
The surface-mining reclamation inspectors shall make all necessary surveys and inspections of surface-mining operations, shall administer and enforce all surface-mining laws and rules,and regulations,and shall perform such other duties and services as may be prescribed by thecommissionerdirector. Such inspectors shall give particular attention to all conditions of each permit to ensure complete compliance therewith. Thecommissionerdirector shall cause inspections to be made of each active surface-mining operation in this state by a surface-mining reclamation inspector at least once every fifteen days. Said inspector shall note and describe violations of this article and immediately report such violations to thecommissionerdirector in writing, furnishing at the same time a copy of such report to the operator concerned.
ItProvided, That if such list be so large as to cause undue inconvenience, theshall hereafter beis unlawful for any person to engage in surface mining without having first obtained from thedepartmentof energydivision of environmental protection a permit therefor as provided in this section. Application for a surface-mining permit shall be made in writing on forms prescribed by thecommissioner of energydirector, and shall be signed and verified by the applicant. The application, in addition to such other information as may be reasonably required by thecommissionerdirector, shall contain the following information: (1) The common name and geologic title, where applicable, of the mineral or minerals to be extracted; (2) maps and plans as provided in section seven hereof; (3) the owner or owners of the surface of the land to be mined; (4) the owner or owners of the mineral to be mined; (5) the source of the operator's legal right to enter and conduct operations on the land to be covered by the permit; (6) a reasonable estimate of the number of acres of land that will be disturbed by mining on the area to be covered by the permit; (7) the permanent and temporary post-office addresses of the applicant and of the owners of the surface and the mineral; (8) whether any surface-mining permits are now held and the numbers thereof; (9) the names and post-office addresses of every officer, partner, director (or person performing a similar function), of the applicant, together with all persons, if any, owning of record or beneficially (alone or with associates), if known, ten percent or more of any class of stock of the applicant:
Under the provisions of this article, and rulesandregulationsadopted by thecommissionerdirector, the operator shall prepare a complete reclamation and mining plan for the area of land to be disturbed. Said reclamation and mining plan shall include a proposed method of operation, prepared by a registered professional engineer or a person approved by the director, for grading, backfilling, soil preparation, mining and planting and such other proposals as may be necessary to develop the complete reclamation and mining plan contemplated by this article. In developing this complete reclamation and mining plan all reasonable measures shall be taken to eliminate damages to members of the public, their real and personal property, public roads, streams and all other public property from soil erosion, rolling stones and overburden, water pollution and hazards dangerous to life and property. The plan shall be submitted to thecommissionerdirector and thecommissionerdirector shall notify the applicant by certified mail within thirty days after receipt of the plan and complete application if it is or is not acceptable. If the plan is not acceptable, thecommissionerdirector shall set forth the reasons why the plan is not acceptable, and he or she may propose modifications, delete areas or reject the entire plan. Should the applicant disagree with the decision of thecommissionerdirector,hethe applicant may, by written notice, request a hearing before thecommissionerdirector. Thecommissionerdirector shall hold such hearing within thirty days after receipt of this notice. When a hearing is held by thecommissionerdirector, he or she shall notify the applicant of his or her decision by certified mail within twenty days after the hearing. Any person aggrieved by a final order of thecommissionerdirector made after the hearing or without a hearing may appeal to thereclamation board of reviewsurface mine board.
Prior to the beginning of surface-mining operations, the operator shall complete and shall thereafter maintain a drainage system including any necessary settling ponds in accordance with the rulesand regulationsas established by thecommissionerdirector.
An operator may propose alternative plans not calling for backfilling where a water impoundment is desired, if such restoration will be consistent with the purpose of this article. Such plans shall be submitted to thecommissionerdirector, and if such plans are approved by thecommissionerdirector and complied with within such time limits as may be determined by him or her as being reasonable for carrying out such plans, the backfilling requirements of this article may be modified.
The Legislature finds that there are certain areas in the state of West Virginia which are impossible to reclaim either by natural growth or by technological activity and that if surface mining is conducted in these certain areas such operations may naturally cause stream pollution, landslides, the accumulation of stagnant water, flooding, the destruction of land for agricultural purposes, the destruction of aesthetic values, the destruction of recreational areas and future use of the area and surrounding areas, thereby destroying or impairing the health and property rights of others, and in general creating hazards dangerous to life and property so as to constitute an imminent and inordinate peril to the welfare of the state, and that such areas shall not be mined by the surface-mining process.
Where blasting of overburden or mineral is necessary, such blasting shall be done in accordance with established principles for preventing vibration damage to residences, buildings and communities. Such blastingshall be consideredis in compliance with provisions of this article if the following measures are followed:
Itshall beis the duty of an operator to commence the reclamation of the area of land disturbed byhisthe operator's operation after the beginning of surface mining of that area in accordance with plans previously approved by thecommissionerdirector and to complete such reclamation within twelve months after the permit has expired, except that such grading, backfilling and water-management practices as are approved in the plans shall be kept current with the operations as defined by rulesand regulationsof thecommissiondirector and no permit or supplement to a permit shall be issued or renewed, if in the discretion of thecommissionerdirector, these practices are not current.
In addition to the method of operation, grading, backfilling and reclamation requirements of this article and rulesandregulationsadopted pursuant thereto, the operatorshall beis required to perform the following:
Notwithstanding any other provisions of this article, a surface-mining reclamation inspectorshall havehas authority to order the immediate cessation of any operation where (1) any of the requirements of this article or the rulesand regulationspromulgated pursuant thereto or the orders of thecommissionerdirector have not been complied with or (2) the public welfare or safety calls for the immediate cessation of the operation. Such cessation of operation shall continue until corrective steps have been started by the operator to the satisfaction of the surface-mining reclamation inspector.Any operatorOperators whobelieves he isbelieve they are aggrieved by the actions of the surface-mining reclamation inspector may immediately appeal to thecommissionerdirector, setting forth reasons whytheoperationtheir operations should not be halted. Thecommissionerdirector shall determine immediately when and ifthean operation may continue.
When the planting of an area has been completed, the operator shall file or cause to be filed a planting report with thecommissionerdirector on a form to be prescribed and furnished by thecommissionerdirector providing the following information: (1) Identification of the operation; (2) the type of planting or seeding, including mixtures and amounts; (3) the date of planting or seeding; (4) the area of land planted; and (5) such other relevant information as thecommissionerdirector may require. All planting reports shall be certified by the operator, or by the party with whom the operator contracted for such planting, as aforesaid.
Each operator whoProvided, That theshall makemakes application for a permit under section six of this article shall, at the time such permit is requested, furnish bond, on a form to be prescribed and furnished by thecommissionerdirector, payable to the state of West Virginia and conditioned that the operator shall faithfully perform all of the requirements of this article. The amount of the bond shall be not less than six hundred dollars for each acre or fraction thereof of the land to be disturbed:
Any provision of this article to the contrary notwithstanding, a person or operatorProvided, That the provisions of the highway construction contract require the furnishing of a suitable bond which provides for reclamation wherever practicable of the area affected by such recovery activity.shallis notbesubject to any duty or requirement whatever with respect to reclamation requirements when engaged in the removal of borrow and fill material for grading in federal and state highway construction projects:
Thecommissionerdirector shall promulgate rulesandregulations, in accordance with the provisions of chapter twenty-nine-a of said code, for the effective administration of this article.
If any of the requirements of this article or rulesandregulationspromulgated pursuant thereto or the orders of thecommissionerdirector have not been complied with within the time limits set by thecommissionerdirector or by this article, thecommissionerdirector shall cause a notice of noncompliance to be served upon the operator, which notice shall order the operation to cease, or where found necessary, thecommissionerdirector shall order the suspension of a permit. A copy of such notice or order shall be handed to the operator in person or served by certified mail addressed to the operator at the permanent address shown on the application for a permit. The notice of noncompliance or order of suspension shall specify in what respects the operator has failed to comply with this article or the rulesand regulations of the commissionor orders of thecommissionerdirector. If the operator has not reached an agreement with thecommissionerdirector or has not complied with the requirements set forth in the notice of noncompliance or order of suspension within the time limits set therein, the permit may be revoked by order of thecommissionerdirector and the performance bond shall then be forfeited. If an agreement satisfactory to thecommissionerdirector has not been reached within thirty days after suspension of any permit, any and all suspended permits shall then be declared revoked and the performance bonds with respect thereto forfeited.
Every adjudication, determination or finding by thecommissionerdirector affecting the rights, duties or privileges of any person subject to this article shall be made by written order and shall contain a written finding by thecommissionerdirector of the facts upon which the adjudication, determination or finding is based. Notice of the making of such order shall be given to the person whose rights, duties or privileges are affected thereby by mailing a true copy thereof to such person by certified mail.
Any person claiming to be aggrieved or adversely affected by any ruleand regulationor order of thecommissionerdirector or his or her failure to enter an order may appeal to thereclamation board of reviewsurface mine board, pursuant to the provisions of article one, chapter twenty-two-b of this code, for an order vacating or modifying such ruleand regulationor order, or for such order as thecommissionerdirector should have entered.
(a) Any person whoshall conductconducts any surface-mining operation, or any part thereof, without a permit or without having furnished the required bond, or whoshall carrycarries on such operation or be a party thereto on land not covered by a permit, or whoshallfalselyrepresentrepresents any material fact in an application for a permit or in an application for the renewal of a permit, or who willfully violates any provision of this article,shall beis guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not less than one hundred nor more than one thousand dollars or by imprisonment not exceeding six months, or by both. Any person who deliberately violates any provision of this article or conducts surface-mining operations without a permitshall beis guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not less than one thousand nor more than ten thousand dollars or by imprisonment not exceeding six months, or by both. Each day of violationconstitutesis a separate offense. Itshall beis the duty of thecommissionerdirector to institute prosecutions for violations of the provisions hereof. Any person convicted under the provisions of this section shall, in addition to any fine imposed, pay to thecommissionerdirector for deposit in the surface-mining reclamation fund an amount sufficient to reclaim the area with respect to which such conviction relates. The commissioner shall institute any suit or other legal action necessary for the effective administration of the provisions of this article.
Any valid surface-mining permit existing on the effectivedate of this article shall remain in full force and effect until such permit expires under its terms or is otherwise terminated under the provisions of this article. The provisions of this section
§ 22-5-1.
It is hereby declared to be the public policy of this state and the purpose of this article to achieve and maintain such levels of air quality as will protect human health and safety, and to the greatest degree practicable, prevent injury to plant and animal life and property, foster the comfort and convenience of the people, promote the economic and social development of this state and facilitate the enjoyment of the natural attractions of this state.
The terms used in this article are defined as follows:
ItProvided, however,shall beis unlawful for any person to cause a statutory air pollution, to violate the provisions of this article, to violate any rulesor regulationspromulgated pursuant to this article to operate any facility subject to the permit requirements of thecommissiondirector without a valid permit, or to knowingly misrepresent to any person in the state of West Virginia that the sale of air pollution control equipment will meet the standards of this article or any rulesand regulationspromulgatedthereto:
(a) Thecommission is herebydirector is authorized:
If, from any investigation made byhimthe director or from any complaint filed with him or her, the directorshall beis of the opinion that a person is violating the provisions of this article, or any rulesand regulationspromulgated pursuant thereto, he or she shall make and enter an order directing such person to cease and desist such activity. The director shall fix a reasonable time in such order by which such activity must stop or be prevented. The order shall contain the findings of fact upon which the director determined to make and enter such order.
(a) Any person who violates any provision of this article, any permit or any rule or order issued pursuant to this articleProvided, That any such personshall beor article one, chapter twenty-two-b of this code is subject to a civil penalty not to exceed ten thousand dollars for each day of such violation, which penalty shall be recovered in a civil action brought by thecommissiondirector in the name of the state of West Virginia in the circuit court of any county wherein such person resides or is engaged in the activity complained of or in the circuit court of Kanawha county. The amount of the penalty shall be fixed by the court without a jury:
The director may seek an injunction against any person in violation of any provision of this article or any permit, rule or order issued pursuant to this article or article one, chapter twenty-two-b of this code. In seeking an injunction, it is not necessary for the director to post bond nor to allege or prove at any stage of the proceeding that irreparable damage will occur if the injunction is not issued or that the remedy at law is inadequate. An application for injunctive relief brought under this section or for civil penalty brought under sectioneightsix of this article may be filed and relief granted notwithstanding the fact that all administrative remedies provided in this article have not been exhausted or invoked against the person or persons against whom such relief is sought.
Whenever air pollution conditions in any area of the state become such as, in the opinion of thecommissiondirector, to create an emergency and to require immediate action for the protection of the public health, thecommissiondirector may, with the written approval of the governor, so find and enter such order as it deems necessary to reduce or prevent the emission of air pollutants substantially contributing to such conditions. In any such order thecommissiondirector shall also fix a time, not later than twenty-four hours thereafter, and place for a hearing to be held before it for the purpose of investigating and determining the factors causing or contributing to such conditions. A true copy of any such order shall be served upon persons whose interests are directly prejudiced thereby in the same manner as a summons in a civil action may be served, and a true copy of such order shall also be posted on the front door of the courthouse of the county in which the alleged conditions originated. All persons whose interests are prejudiced or affected in any manner by any such order shall have the right to appear in person or by counsel at the hearing and to present evidence relevant to the subject of the hearing. Within twenty-four hours after completion of the hearing thecommissiondirector shall affirm, modify or set aside said order in accordance and consistent with the evidence adduced. Any person aggrieved by such action of thecommissiondirector may thereafter apply by petition to the circuit court of the county for a review of thecommission'sdirector's action. The circuit court shall forthwith fix a time for hearing de novo upon the petition and shall, after such hearing, by order entered of record, affirm, modify or set aside, in whole or in part, the order and action of thecommissiondirector. Any person whose interests shall have been substantially affected by the final order of the circuit court may appeal the same to the supreme court of appeals in the manner prescribed by law.
Nothing in this articleProvided,shall affect or limitaffects or limits the powers or duties heretofore conferred by the provisions ofthischapter sixteen of this code upon thestateboard of healththe secretary of the department of health and human resources, the commissioner of the bureau of public health, county health boards, county health officers, municipal health boards, municipal health officers, combined boards of health or any other health agency or political subdivision of this state except insofar as such powers and duties might otherwisebehereafter deemed toapply to the control, reduction or abatement of air pollution. All existing statutes or parts of statutes are, to the extent of their inconsistencies with the provisions of this article and to the extent that they might otherwisebedeemed toapply to the control, reduction or abatement of air pollution, hereby repealed:
All air quality data, emission data, permits, compliance schedules,Provided, That such confidentialitycommissionorders of the director, board orders and any other information required by a federal implementation program (all for convenience hereinafter referred to in this section as "records, reports, data or information") obtained under this article shall be available to the public, except that upon a showing satisfactory to the director, by any person, that records, reports, data or information or any particular part thereof, to which the director has access under this article if made public, would divulge methods or processes entitled to protection as trade secrets of such person, the director shall consider such records, reports, data or information or such particular portion thereof confidential:
No person shall construct, modify or relocate any stationary source of air pollutants without first obtaining a construction, modification or relocation permit ashereinafterprovided in this section.
No person may operate a stationary source of air pollutants without first obtaining an operating permit asProvided, That such legislative rule may deviate from the federal rules and regulations where a deviation is appropriate to implement the policy and purpose of this article taking into account such factors unique to West Virginia.hereinafterprovided in this section. Thecommissiondirector shall promulgate legislative rules, in accordance with chapter twenty-nine-a of this code, which specify classes or categories of stationary sources whichshall beare required to obtain an operating permit. The legislative rule shall provide for the form and content of the application procedure including time limitations for obtaining the required permits. Any person who has filed a timely and complete application for a permit or renewal thereof required by this section, and who is abiding by the requirements of this article and the rules promulgated pursuant theretoshall be deemed to beis in compliance with the requirements of this article and anyregulationrule promulgated thereunder until a permit is issued or denied. Any legislative rule promulgated pursuant to the authority granted by this section shall be equivalent to and consistent with rules and regulations adopted by the administrator of United States environmental protection agency pursuant to Title IV and Title V of the Clean Air Act Amendments of 1990, 42 U.S.C. §7651 et seq. and 42 U.S.C. §7661 et seq., respectively:
For permits required by sectionsthirteeneleven andfourteentwelve of this article, thecommissiondirector may incorporate the required permits with an existing permit or consolidate the required permits into a single permit.
Any person whose interest may be affected, including, but not necessarily limited to, the applicant and any person who participated in the public comment process, by a permit issued, modified or denied by the director may appeal such action of the director to thecommissionair quality board pursuant tosectionsix of thisarticle one, chapter twenty-two-b of this code.
(a) As the state of knowledge and technology relating to the control of emissions from motor vehicles may permit or make appropriate, and in furtherance of the purposes of this article, thecommissiondirector may provide by legislative rule for the control of emissions from motor vehicles. Such legislative rule may prescribe requirements for the installation and use of equipment designed to reduce or eliminate emissions and for the proper maintenance of such equipment and of vehicles. Any legislative rule pursuant to this section shall be consistent with provisions of federal law, if any, relating to control of emissions from the vehicles concerned. Thecommissiondirector shall not require, as a condition precedent to the initial sale of a vehicle or vehicular equipment, the inspection, certification or other approval of any feature or equipment designed for the control of emissions from motor vehicles, if such feature or equipment has been certified, approved, or otherwise authorized pursuant to federal law.
The secretary of the department of commerce, labor, and environmental resources shall establish a small business stationary source technical and environmental compliance assistance program which meets the requirements of Title V of the Clean Air Act Amendments of 1990, 42 U.S.C. §7661 et seq. A compliance advisory panel composed of seven members appointed as follows shall be created to periodically review the effectiveness and results of this assistance program:
Unless the context in which used clearly requires a different meaning, as used in this article:
(a) The directorof the division of oil and gasshall have as his or her duty the supervision of the execution and enforcement of matters related to oil and gas set out in this article and in articlesthreeeight andfournine of this chapter.subject toreview and approval of the commissioner.
(a) If an oil and gas inspector, upon making an inspection of a well or well site or any other oil or gas facility, finds that any provision of this article is being violated,hethe inspector shall also find whether or not an imminent danger to persons exists, or whether or not there exists an imminent danger that a fresh water source or supply will be contaminated or lost. Ifhethe inspector finds that such imminent danger exists,he shallforthwith makean order requiring the operator of such well or well site or other oil or gas facility to cease further operations until such imminent danger has been abated shall be issued by the inspector. Ifhethe inspector finds that no such imminent danger exists,hethe inspector shall determine what would be a reasonable period of time within which such violation should be totally abated. Such findings shall contain reference to the provisions of this article whichhethe inspector finds are being violated, and a detailed description of the conditions which cause and constitute such violation.
(a) Any well operator, complaining coal operator, owner or lessee, if any, aggrieved by findings or an order made by an oil or gas inspector pursuant to section three of this article, may within fifteen days apply to the director for annulment or revision of such order. Upon receipt of such application the director shall make a special inspection of the well, well site or other oil and gas facility affected by such order, or cause two duly authorized oil and gas inspectors, other than the oil and gas inspector who made such order or the supervising inspector and one duly authorized oil and gas inspector other than the oil and gas inspector who made such order, to make such inspection of such well, or well site or other oil or gas facility and to report thereon to them. Upon making such special inspectionhimself, or upon receiving the report of such special inspection, as the case may be, the director shall make an order which shall includehisthe director's findings and shall annul, revise or affirm the order of the oil and gas inspector.
(a) All findings and orders made pursuant to section three or four of this article, and all notices required to be given of the making of such findings and orders, shall be in writing. All such findings and orders shall be signed by the person making them, and all such notices shall be signed by the person charged with the duty of giving the notice. All such notices shall contain a copy of the findings and orders referred to therein.
(a) It is unlawful for any person to commence any well work, including site preparation work which involves any disturbance of land, without first securing from the director a well work permit. An application may propose and a permit may approve two or more activities defined as well work.
(a) In addition to a permit for well work, the director, after public notice and an opportunity for public hearings, may either issue a separate permit, general permit or a permit consolidated with the well work permit for the discharge or disposition of any pollutant or combination of pollutants into waters of this state upon condition that such discharge or disposition meets or will meet all applicable state and federal water quality standards and effluent limitations and all other requirements of the director.
(a) The Legislature hereby finds and declares:
(a) No later than the filing date of the application, the applicant for a permit for any well work shall deliver by personal service or by certified mail, return receipt requested, copies of the application, well plat and erosion and sediment control plan required by section six of this article to each of the following persons:
(a) All persons described in subsections (a) and (b), section nine of this article may file comments with the director as to the location or construction of the applicant's proposed well work within fifteen days after the application is filed with the director.
The director shall review each application for a well work permit and shall determine whether or not a permit shall be issued.
(a) Before drilling for oil or gas, or before fracturing or stimulating a well on any tract of land, the well operator shall have a plat prepared by a licensed land surveyor or registered engineer showing the district and county in which the tract of land is located, the name and acreage of the same, the names of the owners of adjacent tracts, the proposed or actual location of the well determined by survey, the courses and distances of such location from two permanent points or landmarks on said tract and the number to be given the well and the date of drilling completion of a well when it is proposed that such well be fractured and shall forward by registered or certified mail a copy of the plat to the director. In the event the tract of land on which the said well proposed to be drilled or fractured is located is known to be underlaid with one or more coal seams, copies of the plat shall be forwarded by registered or certified mail to each and every coal operator operating said coal seams beneath said tract of land, who has mapped the same and filedhissuch maps with thedivision of mines and mineralsoffice of miners' health, safety and training in accordance with chapter twenty-two-a of this code and the coal seam owner of record and lessee of record, if any, if said owner or lessee has recorded the declaration provided in section thirty-six of this article, and if said owner or lessee is not yet operating said coal seams beneath said tract of land. With each of such plats there shall be enclosed a notice (form for which shall be furnished on request by the director) addressed to the director and to each such coal operator, owner and lessee, if any, at their respective addresses, informing them that such plat and notice are being mailed to them respectively by registered or certified mail, pursuant to the requirements of this article.
Before fracturing any well the well operator shall, by registered or certified mail, forward a notice of intention to fracture such well to the director and to each and every coal operator operating coal seams beneath said tract of land, who has mapped the same and filedhissuch maps with thedivision ofmines and mineralsoffice of miners' health, safety and training in accordance with chapter twenty-two-a of this code, and the coal seam owner and lessee, if any, if said owner of record or lessee of record has recorded the declaration provided in section thirty-six of this article, and if said owner or lessee is not yet operating said coal seams beneath said tract of land.
(a) Before drilling a well for the introduction of liquids for the purposes provided for in section twenty-five of this article or for the introduction of liquids for the disposal of pollutants or the effluent therefrom on any tract of land, or before converting an existing well for such purposes, the well operator shall have a plat prepared by a registered engineer or licensed land surveyor showing the district and county in which the tract of land is located, the name and acreage of the same, the names of the owners of all adjacent tracts, the proposed or actual location of the well or wells determined by a survey, the courses and distances of such location from two permanent points of land marked on said tract and the number to be given to the well, and shall forward by registered or certified mail the original and one copy of the plat to thedivision of oil and gasdirector. In addition, the well operator shall provide the following information on the plat or by way of attachment thereto to the directorof the division of oil and gasin the manner and form prescribed by the director's rulesand regulations: (1) The location of all wells, abandoned or otherwise located within the area to be affected; (2) where available, the casing records of all such wells; (3) where available, the drilling log of all such wells; (4) the maximum pressure to be introduced; (5) the geological formation into which such liquid or pressure is to be introduced; (6) a general description of the liquids to be introduced; (7) the location of all water-bearing horizons above and below the geological formation into which such pressure, liquid or waste is to be introduced; and (8) such other information as the director by ruleand regulationmay require.
(a) When a proposed deep well drilling site or oil well drilling site or any site is above a seam or seams of coal, then the coal operator operating said coal seams beneath the tract of land, or the coal seam owner or lessee, if any, if said owner or lessee is not yet operating said coal seams, may within fifteen days from the receipt by the director of the plat and notice required by section twelve of this article, or within fifteen days from the receipt by the director of notice required by section thirteen of this article, file objections in writing (forms for which will be furnished by the director on request) to such proposed drilling or fracturing with the director, setting out therein as definitely as is reasonably possible the ground or grounds on which such objections are based.
(a) When a well is proposed to be drilled or converted for the purposes provided for in section fourteen of this article, and is above a seam or seams of coal, then the coal operator operating said coal seams beneath the tract of land, or the coal seam owner or lessee, if any, if said owner or lessee is not yet operating said coal seams, may within fifteen days from the receipt by the director of the plat and notice required by sectiontwelvefourteen of this article, file objections in writing (forms for which will be furnished by the director on request) to such proposed drilling or conversion.
When a proposed shallow well drilling site is above a seam or seams of coal, then the owner of any such coal seam may, within fifteen days from the receipt by the director of the plat and notice required by section twelve of this article, file objections in writing (forms for which will be furnished by the director on request) to such proposed drilling with the director, setting out therein as definitely as is reasonably possible the ground or grounds on which such objections are based.
(a) When a well penetrates one or more workable coal beds, the well operator shall run and cement a string of casing in the hole through the workable coal bed or beds in such a manner as will exclude all oil, gas or gas pressure from the coal bed or beds, except such oil, gas or gas pressure as may be found in such coal bed or beds. Such string of casing shall be run to a point at least thirty feet below the lowest workable coal bed which the well penetrates and shall be circulated and cemented from such point to the surface in such a manner as provided for in reasonable rulesand regulationspromulgated by the director in accordance with the provisions of chapter twenty-nine-a. After any such string of casing has been so run and cemented to the surface, drilling may proceed to the permitted depth.
In the event that a well becomes productive of natural gas or petroleum, or is drilled for or converted for the introduction of pressure, whether liquid or gas, or for the introduction of liquid for the purposes provided for in section twenty-five of this article or for the disposal of pollutants or the effluent therefrom, all coal-protecting strings of casing and all water-protecting strings of casing shall remain in place until the well is plugged or abandoned. During the life of the well the annular spaces between the various strings of casing adjacent to workable beds of coal shall be kept open, and the top ends of all such strings shall be provided with casing heads, or such other suitable devices as will permit the free passage of gas and prevent filling of such annular spaces with dirt or debris.
When a well is drilled through the horizon of a coal bed from which the coal has been removed, the hole shall be drilled at least thirty feet below the coal bed, of a size sufficient to permit the placing of a liner which shall start not less than twenty feet beneath the horizon of the coal bed and extend not less than twenty feet above it. Within this liner, which may be welded to the casing to be used, shall be centrally placed the largest sized casing to be used in the well, and the space between the liner and casing shall be filled with cement as they are lowered into the hole. Cement shall be placed in the bottom of the hole to a depth of twenty feet to form a sealed seat for both liner and casing. Following the setting of the liner, drilling shall proceed in the manner provided above. Should it be found necessary to drill through the horizon of two or more workable coal beds from which the coal has been removed, such liner shall be started not less than twenty feet below the lowest such horizon penetrated and shall extend to a point not less than twenty feet above the highest such horizon.
When a permit has been issued for the drilling of an oil or gas well or both, each well operator shall run and permanently cement a string of casing in the hole through the fresh water bearing strata in such a manner and to the extent provided for in rulesand regulationspromulgated by the director in accordance with the provisions ofchapters twenty-two and twenty-nine-a ofthis codethis chapter.
Within a reasonable time after the completion of the drilling of a well, the well operator shall file with the director an accurate log. Such log shall contain the character, depth and thickness of geological formations encountered, including fresh water, coal seams, mineral beds, brine and oil and gas bearing formations and such other information as the director may require to effectuate the purposes of this chapter.and chaptertwenty-two of this code.
All dry or abandoned wells or wells presumed to be abandoned under the provisions of section nineteen of this article shall be plugged and reclaimed in accordance with this section and the other provisions of this article and in accordance with the rulesand regulationspromulgated by the director.
Upon the abandonment or cessation of the operation of any well drilled for natural gas or petroleum, or drilled or converted for the introduction of pressure, whether liquid or gas, or for the introduction of liquid for the purposes provided for in section twenty-five of this article or for the disposal of pollutants or the effluent therefrom the well operator, at the time of such abandonment or cessation, shall fill and plug the well in the following manner:
The owner or operator of any well or wells which produce oil or gas may allow such well or wells to remain open for the purpose of introducing water or other liquid pressure into and upon the producing strata for the purpose of recovering the oil contained therein, and may drill additional wells for like purposes, provided that the introduction of such water or other liquid pressure shall be controlled as to volume and pressure and shall be through casing or tubing which shall be so anchored and packed that no water-bearing strata or other oil, or gas-bearing sand or producing stratum, above or below the producing strata into and upon which such pressure is introduced, shall be affected thereby, fulfilling requirements as set forth under section fourteen.
(a) No permit shall be issued pursuant to this article unless a bond as described in subsection (d) of this section which is required for a particular activity by this article is or has been furnished as provided in this section.
Any person suffering personal injury or property damage due to any explosion caused by any permittee, shall have a cause of action against such permittee for three years after the explosion regardless ofwhetherwhen the explosion occurred.before orafter the effective date of this article.
(a) The director shall exercise supervision over the drilling, casing, plugging, filling and reclamation of all wells and shall have such access to the plans, maps and other records and to the properties of the well operators as may be necessary or proper for this purpose, and, either as the result of its own investigations or pursuant to charges made by any well operator or coal operator, the director mayhimselfenter, or shall permit any aggrieved person to file beforehimthe director, a formal complaint charging any well operator with not drilling or casing, or not plugging or filling, or reclaiming any well in accordance with the provisions of this article, or to the order of the director. True copies of any such complaints shall be served upon or mailed by registered mail to any person so charged, with notice of the time and place of hearing, of which the operator or operators so charged shall be given at least five days' notice. At the time and place fixed for hearing, full opportunity shall be given any person so charged or complaining to be heard and to offer such evidence as desired, and after a full hearing, at which the director may offer in evidence the results of such investigations ashethe director may have made, the director shall makehisfindings of fact and enter such order as inhisthe director's judgment is just and right and necessary to secure the proper administration of this article, and ifhethe director deems necessary, restraining the well operator from continuing to drill or case any well or from further plugging, filling or reclaiming the same, except under such conditions as the director may impose in order to ensure a strict compliance with the provisions of this article relating to such matters.
(a) There is herebycreatedcontinued within the treasury of the state of West Virginiaathe special fundto beknown as the oil and gas operating permit and processing fund, and the director shall deposit with the state treasurer to the credit of such special fund all fees collected under the provisions ofsubdivisions twelve and thirteensubdivision ten, subsection (c), section two of this article.
The operator of a well shall reclaim the land surface within the area disturbed in siting, drilling, completing or producing the well in accordance with the following requirements:
Natural gas shall not be permitted to waste or escape from any well or pipeline, when it is reasonably possible to prevent such waste, after the owner or operator of such gas, or well, or pipeline, has had a reasonable length of time to shut in such gas in the well, or make the necessary repairs to such well or pipeline to prevent such waste:Provided, That (a) if, in the process of drilling a well for oil or gas, or both, gas is found in such well, and the owner or operator thereof desires to continue to search for oil or gas, or both, by drilling deeper in search of lower oil or gas-bearing strata, or (b) if it becomes necessary to make repairs to any well producing gas, commonly known as "cleaning out," and if in either event it is necessary for the gas in such well to escape therefrom during the process of drilling or making repairs, as the case may be, then the owner or operator of such well shall prosecute such drilling or repairs with reasonable diligence, so that the waste of gas from the well shall not continue longer than reasonably necessary, and if, during the progress of such deeper drilling or repairs, any temporary suspension thereof becomes necessary, the owner or operator of such well shall use all reasonable means to shut in the gas and prevent its waste during such temporary suspension: Provided, however, That in all cases where both oil and gas are found and produced from the same oil and gas-bearing stratum, and where it is necessary for the gas therefrom to waste in the process of producing the oil, the owner or operator shall use all reasonable diligence to conserve and save from waste so much of such gas as it is reasonably possible to save, but in no case shall such gas from any well be wasted in the process of producing oil therefrom until the owner or operator of such well shall have filed with the director a plan of operation for said well showing, among other things, the gas-oil production ratio involved in such operation, which plan shall govern the operation of said well unless the director shall, within ten days from the date on which such plan is submitted to the director, make a finding that such plan fails, under all the facts and circumstances, to propose the exercise of all reasonable diligence to conserve and save from waste so much of such gas as it is reasonably possible to save, in which event production of oil at such well by the wasting of gas shall cease and
If the owner or operator of any such well shall neglect or refuse to drill, case and equip, or plug and abandon, or shut in and conserve from waste the gas produced therefrom, as required to be done and performed by the preceding sections of this article, for a period of twenty days after a written notice so to do, which notice may be served personally upon the owner or operator, or may be posted in a conspicuous place at or near the well, it shall be lawful for the owner or operator of any adjacent or neighboring lands or the director to enter upon the premises where such well is situated and properly case and equip such well, or, in case the well is to be abandoned, to properly plug and abandon it, or in case the well is wasting gas, to properly shut it in and make such needed repairs to the well to prevent the waste of gas, in the manner required to be done by the preceding sections of this article; and the reasonable cost and expense incurred by an owner or operator or the director in so doing shall be paid by the owner or operator of such well and may be recovered as debts of like amount are by law recoverable.
Aside from and in addition to the imposition of any penalties under this article, it shall be the duty of any circuit court in the exercise of its equity jurisdiction to hear and determine anybill or bills in equityaction which may be filed to restrain the waste of natural gas in violation of this article, and to grant relief by injunction or by other decrees or orders, in accordance with the principles and practice in equity. The plaintiff in suchbillaction shall have sufficient standing to maintain the same ifhethe plaintiff shall aver and prove thathethe plaintiff is interested in the lands situated within the distance of one mile from such well, either as an owner of such land, or of the oil or gas, or both, thereunder, in fee simple, or as an owner of leases thereof or of rights therein for the production of oil and gas or either of them or as the director.
(a) Any person or persons, firm, partnership, partnership association or corporation who willfully violates any provision of this article or any rule or order promulgated hereunder shall be subject to a civil penalty not exceeding two thousand five hundred dollars. Each day a violation continues after notice by the divisionof oil and gasconstitutes a separate offense. The penalty shall be recovered by a civil action brought by the division,of oil and gasin the name of the state, before the circuit court of the county in which the subject well or facility is located. All such civil penalties collected shall be credited to the general fund of the state.
In any action for contamination or deprivation of a fresh water source or supply within one thousand feet of the site of drilling for an oil or gas well, there shall be a rebuttable presumption that such drilling, and such oil or gas well, or either, was the proximate cause of the contamination or deprivation of such fresh water source or supply.
For purposes of notification under this article, any owner or lessee of coal seams shall file a declaration ofhisthe owner's or lessee's interest in such coal seams with the clerk of the county commission in the county where such coal seams are located. Said clerk shall file and index such declaration in accordance with section two, article one, chapter thirty-nine of this code, and shall index the name of the owner or lessee of such coal seams in the grantor index of the record maintained for the indexing of leases.
§ 22-6-37.22B-1-37. Rules,regulations, orders and permits remain in effect.
The rulesand regulationspromulgated and all orders and permits in effect upon the effective date of thischapterarticle pursuant to the provisions of formerarticle four, chaptertwenty-two,article one, chapter twenty-two-b of this code, shall remain in full force and effect as if such rules,regulations,orders and permits were adopted by the director established in this chapter but all such rules,regulations,orders and permits shall be subject to review by the director to ensure they are consistent with the purposes and policies set forth in this chapter.
§ 22-6-38.22B-1-38. Application of article; exclusions.
This article shall not apply to or affect any well work permitted prior to the effective date of thischapterarticle under formerarticle four, chapter twenty-two of this code,article one, chapter twenty-two-b of this code, unless such well is, after completion, whether such completion is prior to or subsequent to the effective date of thischapterarticle, deepened subsequent to the effective date of thischapterarticle through another coal seam to another formation above the top of the uppermost member of the "Onondaga Group" or to a depth of less than six thousand feet, whichever is shallower.
§ 22-6-39.22B-1-39. Injunctive relief.
(a) In addition to other remedies, and aside from various penalties provided by law, whenever it appears to the director that any person is violating or threatening to violate any provision of this article, any order or final decision of the director, or any lawful ruleor regulationpromulgated hereunder, the director may apply in the name of the state to the circuit court of the county in which the violations or any part thereof has occurred, is occurring or is about to occur, or the judge thereof in vacation, for an injunction against such persons and any other other persons who have been, are or are about to be involved in any practices, acts or admissions so in violation, enjoining such person or persons from any violation or violations. Such application may be made and prosecuted to conclusion, whether or not any violation or violations have resulted or shall result, in prosecution or conviction under the provisions of this article.
§ 22-6-40.22B-1-40. Appeal from order of issuance or refusal of permit to drill or fracture; procedure.
Any party to the proceeding under section fifteen of this article or section seven, articleseveneight, chaptertwenty-twotwenty-two-c of this code, adversely affected by the issuance of a drilling permit or to the issuance of a fracturing permit or the refusal of the director to grant a drilling permit or fracturing permit is entitled to judicial review thereof. All of the pertinent provisions of section four, article five, chapter twenty-nine-a of this code shall apply to and govern such judicial review with like effect as if the provisions of said section four were set forth in extenso in this section.
§ 22-6-41.22B-1-41. 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 adversely affected by the order of issuance of a drilling permit or to the issuance of a fracturing permit or the refusal of the director to grant a drilling permit or fracturing permit is entitled to judicial review thereof. All of the pertinent provisions of section four, article five, chapter twenty-nine-a of this code shall apply to and govern such judicial review with like effect as if the provisions of section four were set forth in extenso in this section.
ARTICLE2. 7. OIL AND GAS PRODUCTION DAMAGE COMPENSATION.
§ 22-7-1.22B-2-1. Legislative findings and purpose.
(a) The Legislature finds the following:
§ 22-7-2.22B-2-2. Definitions.
(a) In this article, unless the context or subject matter otherwise requires:
§ 22-7-3.22B-2-3. Compensation of surface owners for drilling operations.
(a) The oil and gas developer shall be obligated to pay the surface owner compensation for:
§ 22-7-4.22B-2-4. Common law right of action preserved; offsets.
(a) Nothing in section three or elsewhere in this article shall be construed to diminish in any way the common law remedies, including damages, of a surface owner or any other person against the oil and gas developer for the unreasonable, negligent or otherwise wrongful exercise of the contractual right, whether express or implied, to use the surface of the land for the benefit ofhisthe developer's mineral interest.
§ 22-7-5.22B-2-5. Notification of claim.
Any surface owner, to receive compensation under section three of this article, shall notify the oil and gas developer of the damages sustained by the person within two years after the date that the oil and gas developer files notice thathe iscommencing reclamationreclamation is commencing under section thirty, articleonesix of this chapter. Such notice shall be given to surface owners by registered or certified mail, return receipt requested, and shall be complete upon mailing. If more than three tenants in common or other co-owners hold interests in such lands, the developer may give such notice to the person described in the records of the sheriff required to be maintained pursuant to section eight, article one, chapter eleven-a of this code or publish in the county in which the well is located or to be located a Class II legal advertisement as described in section two, article three, chapter fifty-nine of this code, containing such notice and information as the director shall prescribe by rule.
§ 22-7-6.22B-2-6. Agreement; offer of settlement.
Unless the parties provide otherwise by written agreement, within sixty days after the oil and gas developer received the notification of claim specified in section five of this article, the oil and gas developer shall either make an offer of settlement to the surface owner seeking compensation, or reject the claim. The surface owner may accept or reject any offer so made.
§ 22-7-7.22B-2-7. Rejection; legal action; arbitration; fees and costs.
(a) Unless the oil and gas developer has paid the surface owner a negotiated settlement of compensation within sixty days after the date the notification of claim was mailed under section five of this article, the surface owner may, within eighty days after the notification mail date, either (i) bring an action for compensation in the circuit court of the county in which the well is located, or (ii) elect instead, by written notice delivered by personal service or by certified mail, return receipt requested, to the designated agent named by the oil and gas developer under the provisions of section six,ofarticleonesix of this chapter, to have his compensation finally determined by binding arbitration pursuant to article ten, chapter fifty-five of this code.
§ 22-7-8.22B-2-8. Application of article.
The remedies provided by this article shall not preclude any person from seeking other remedies allowed by law.
ARTICLE3. 8. TRANSPORTATION OF OILS.
§ 22-8-1.22B-3-1. Scope of article.
Every person, corporation or company now engaged, or which shall hereafter engage, in the business of transporting or storing petroleum, by means of pipeline or lines or storage by tanks, shall be subject to the provisions of this article and shall conduct such business in conformity herewith: Provided, That the provisions of this article shall be subject to all federal laws regulating interstate commerce on the same subject.
§ 22-8-2.22B-3-2. Duty of pipeline companies to accept and transport oil.
Any company heretofore or hereafter organized for the purpose of transporting petroleum or other oils or liquids by means of pipeline or lines shall be required to accept all petroleum offered to it in merchantable order in quantities of not less than two thousand gallons at the wells where the same is produced, making at its own expense all necessary connections with the tanks or receptacles containing such petroleum, and to transport and deliver the same at any delivery station, within or without the state, on the route of its line of pipes, which may be designated by the owners of the petroleum so offered.
§ 22-8-3.22B-3-3. 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 under, at a temperature of sixty degrees Fahrenheit, offered for transportation by means of pipeline or lines, shall, before the same is transported, as provided by section two of this article, be inspected, graded and measured at the expense of the pipeline company, and the company accepting the same for transportation shall give to the owner thereof a receipt stating therein the number of barrels or gallons so received, and the grade, gravity and measurement thereof, and within a reasonable time thereafter, upon demand of the owner orhisthe owner's assigns, shall deliver tohimthe owner or the owner's assigns at the point of delivery a like quantity and grade or gravity of petroleum in merchantable condition as specified in such receipt; except that the company may deduct for waste one percent of the amount of petroleum specified in such receipt.
§ 22-8-4.22B-3-4. Oil over 35 degrees Baume at 60 degrees Fahrenheit; inspection and measurement; loss.
All petroleum of a gravity exceeding thirty-five degrees Baume, at a temperature of sixty degrees Fahrenheit, offered for transportation by means of pipeline or lines, shall be inspected and measured at the expense of the company transporting the same, before the same is transported. The company accepting the same for transportation shall give to the owner thereof, or to the person in charge of the well or wells from which such petroleum has been produced and run, a ticket signed by its gauger, stating the number of feet and inches of petroleum which were in the tank or receptacle containing the same before the company began to run the contents from such tank, and the number of feet and inches of petroleum which remained in the tank after such run was completed. All deductions made for water, sediment or the like shall be made at the time such petroleum is measured. Within a reasonable time thereafter the company shall, upon demand, deliver from the petroleum in its custody to the owner thereof, or tohisthe owner's assignee, at such delivery station on the route of its line of pipes ashethe owner or the owner's assignee may elect, a quantity of merchantable petroleum, equal to the quantity of petroleum run from such tank, or receptacle, which shall be ascertained by computation; except that the company transporting such petroleum may deduct for evaporation and waste two percent of the amount of petroleum so run, as shown by such run ticket, and except that in case of loss of any petroleum while in the custody of the company caused by fire, lightning, storm or other like unavoidable cause, such loss shall be borne pro rata by all the owners of such petroleum at the time thereof. But the company shall be liable for all petroleum that is lost while in its custody by the bursting of pipes or tanks, or by leakage from pipes or tanks; and it shall also be liable for all petroleum lost from tanks at the wells produced before the same has been received for transportation, if such loss be due to faulty connections made to such tanks; and the company shall be liable for all petroleum lost by the overflow of any tanks with which pipeline connections have been made, if such overflow be due to the negligence of such company, and for all the petroleum lost by the overflow of any tanks with which pipeline connections should have been made under the provisions of this article, but were not so made by reason of negligence or delay on the part of the company.
§ 22-8-5.22B-3-5. Lien for charges.
Any company engaged in transporting or storing petroleum shall have a lien upon such petroleum until all charges for transporting and storing the same are paid.
§ 22-8-6.22B-3-6.Accepted orders and certificates for oil - - Negotiability.
Accepted orders and certificates for petroleum, issued by any company engaged in the business of transporting and storing petroleum in this state by means of pipeline or lines and tanks, shall be negotiable, and may be transferred by indorsement either in blank or to the order of another, and any person to whom such accepted orders and certificates shall be so transferred shall be deemed and taken to be the owner of the petroleum therein specified.
§ 22-8-7.22B-3-7. Same - - Further provisions.
No receipt, certificate, accepted order or other voucher shall be issued or put in circulation, nor shall any order be accepted or liability incurred for the delivery of any petroleum, crude or refined, unless the amount of such petroleum represented in or by such receipt, certificate, accepted order, or other voucher or liability, shall have been actually received by and shall then be in the tanks and lines, custody and control of the company issuing or putting in circulation such receipt, certificate, accepted order or voucher, or written evidence of liability. No duplicate receipt, certificate, accepted order or other voucher shall be issued or put in circulation, or any liability incurred for any petroleum, crude or refined, while any former liability remains in force, or any former receipt, certificate, accepted order or other voucher shall be outstanding and uncanceled, except such original papers shall have been lost, in which case a duplicate, plainly marked "duplicate" upon the face, and dated and numbered as the lost original was dated and numbered, may be issued. No receipt, voucher, accepted order, certificate or written evidence of liability of such company on which petroleum, crude or refined, has been delivered, shall be reissued, used or put in circulation. No petroleum, crude or refined, for which a receipt, voucher, accepted order, certificate or liability incurred, shall have been issued or put in circulation, shall be delivered, except upon the surrender of the receipt, voucher, order or liability representing such petroleum, except upon affidavit of loss of such instrument made by the former holder thereof. No duplicate receipt, certificate, voucher, accepted order or other evidence of liability, shall be made, issued or put in circulation until after notice of the loss of the original, and of the intention to apply for a duplicate thereof, shall have been given by advertisement over the signature of the owner thereof as a Class II legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code, and the publication area for such publication shall be the county where such duplicate is to be issued. Every receipt, voucher, accepted order, certificate or evidence of liability, when surrendered or the petroleum represented thereby delivered, shall be immediately canceled by stamping and punching the same across the face in large and legible letters with the word "canceled," and giving the date of such cancellation; and it shall then be filed and preserved in the principal office of such company for a period of six years.
§ 22-8-8.22B-3-8. Dealing in oil without consent of owner.
No company, its officers or agents, or any person or persons engaged in the transportation or storage of petroleum, crude or refined, shall sell or encumber, ship, transfer, or in any manner remove or procure, or permit to be sold, encumbered, shipped, transferred, or in any manner removed from the tanks or pipes of such company engaged in the business aforesaid, any petroleum, crude or refined, without the written order of the owner or a majority of the owners in interest thereof.
§ 22-8-9.22B-3-9. Monthly statements.
Every company now or hereafter engaged in the business of transporting by pipelines or storing crude or refined petroleum in this state shall, on or before the tenth day of each month, make or cause to be made and posted in its principal business office in this state, in an accessible and convenient place for the examination thereof by any person desiring such examination, and shall keep so posted continuously until the next succeeding statement is so posted, a statement plainly written or printed, signed by the officer, agent, person or persons having charge of the pipes and tanks of such company, and also by the officer or officers, person or persons, having charge of the books and accounts thereof, which statement shall show in legible andintelligentintelligible form the following details of the business: (a) How much petroleum, crude or refined, was in the actual and immediate custody of such company at the beginning and close of the previous month, and where the same was located or held; describing in detail the location and designation of each tank or place of deposit, and the name of its owner; (b) how much petroleum, crude or refined, was received by such company during the previous month; (c) how much petroleum, crude or refined, was delivered by such company during the previous month; (d) for how much petroleum, crude or refined, such company was liable for the delivery or custody of to other corporations, companies or persons at the close of the month; (e) how much of such liability was represented by outstanding receipts or certificates, accepted orders or other vouchers, and how much was represented by credit balances; (f) that all the provisions of this article have been faithfully observed and obeyed during the previous month. The statement so required to be made shall also be sworn to by such officer, agent, person or persons before some officer authorized by law to administer oaths, which shall be in writing, and shall assert the familiarity and acquaintance of the deponent with the business and condition of such company, and with the facts sworn to, and that the statements made in such report are true.
§ 22-8-10.22B-3-10. Statements of amount of oil.
All amounts in the statements required by this article, when the petroleum is handled in bulk, shall be given in barrels and hundredths of barrels, reckoning forty-two gallons to each barrel, and when such petroleum is handled in barrels or packages, the number of such barrels or packages shall be given, and such statements shall distinguish between crude and refined petroleum, and give the amount of each. Every company engaged in the business aforesaid shall at all times have in their pipes and tanks an amount of merchantable oil equal to the aggregate of outstanding receipts, certificates, accepted orders, vouchers, acknowledgments, evidences of liability, and credit balances, on the books thereof.
§ 22-8-11.22B-3-11. Penalty - - Wrongful issuance, sale or alteration of receipts, orders, etc.
Any company, or its officers or agents, who shall make or cause to be made, sign or cause to be signed, issue or cause to be issued, put in circulation or cause to be put in circulation, any receipt, accepted order, certificate, voucher or evidence of liability, or shall sell, transfer or alter the same, or cause such sale, transfer or alteration, contrary to the provisions of this article, or shall do or cause to be done any of the acts prohibited by section seven of this article, or omit to do any of the acts by said section directed, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not exceeding one thousand dollars, and, if the offender be a natural person, imprisoned not less than ten days nor exceeding one year.
§ 22-8-12.22B-3-12. Same - - Dealing in oil without consent of owner in interest.
Any company, its officers or agents, who shall sell, encumber, transfer or remove, or cause or procure to be sold, transferred or removed from the tanks or pipes of such company, any petroleum, crude or refined, without the written consent of the owner or a majority of the owners in interest thereof, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined one thousand dollars and, if the offender be a natural person, imprisoned in the county jail not less than ninety days nor more than one year.
§ 22-8-13.22B-3-13. Same - - Failure to make report and statement.
Any company engaged in the business of transporting by pipelines or storing petroleum, crude or refined, and each and every officer or agent of such company, who shall neglect or refuse to make the report and statement required by section nine of this article, within the time and the manner directed by said section, shall forfeit and pay the sum of one thousand dollars, and in addition thereto the sum of five hundred dollars for each day after the tenth day of the month that the report and statement required by said section nine shall remain unposted as therein directed.
ARTICLE4. 9. UNDERGROUND GAS STORAGE RESERVOIRS.
§ 22-9-1.22B-4-1. Definitions.
In this article unless the context otherwise requires:
§ 22-9-2.22B-4-2. Filing of maps and data by persons operating or proposing to operate gas storage reservoirs.
(a) Any person who, on the eighth day of June, one thousand nine hundred fifty-five, is injecting gas into or storing gas in a storage reservoir which underlies or is within three thousand linear feet of an operating coal mine which is operating in a coal seam that extends over the storage reservoir or the reservoir protective area shall, within sixty days thereafter, file with the division a copy of a map and certain data in the form and manner provided in this subsection.
(a) Any person owning or operating a coal mine, who has not already done sowith respect to the department of minespursuant to the former provisions of articlesevenfour, chaptertwenty-twotwenty-two-b of this code, shall, within thirty days from the effective date of this article, file with the directorof the division of mines and mineralsa map, prepared by a competent engineer, showing the outside coal boundaries of the said operating coal mine, the existing workings and exhausted areas and the relationship of said boundaries to identifiable surface properties and landmarks. Any person who is storing or contemplating the storage of gas in the vicinity of such operating coal mines shall, upon written request, be furnished a copy of the aforesaid map by the coal operator and such person and the director shall thereafter be informed of any boundary changes at the time such changes occur. The director shall keep a record of such information and shall promptly notify both the coal operator and the storage operator if it is found that the coal mine and the storage reservoir are within ten thousand linear feet of each other.
(a) Any person owning or operating a coal mine on the eighth day of June, one thousand nine hundred fifty-five, and having knowledge that it overlies or is within two thousand linear feet of a gas storage reservoir, shall within thirty days notify the director and the storage operator of such fact unless such notification has already been provided to the directorof minespursuant to the provisions of former articlesevenfour, chaptertwenty-twotwenty-two-b of this code.
(a) Any person who, on or after June eighth, one thousand nine hundred fifty-five, is operating a storage reservoir which underlies or is within two thousand linear feet of an operating coal mine which is operating in a coal seam that extends over the storage reservoir or the reservoir protective area, shall:
(a) In determining whether a particular coal mine or operating coal mine is or will be within any distance material under this article from any storage reservoir, the owner or operator of such coal mine and the storage operator may rely on the most recent map of the storage reservoir or coal mine filed by the other with the director.
(a) The provisions of this article shall not apply to strip mines and auger mines operating from the surface.
(a) Whenever provision is made in this article by reference to this section for using an alternative method or material in carrying out any obligation imposed by the article, the person seeking the authority to use such alternative method or material shall file an application with the director describing such proposed alternative method or material in reasonable detail. Notice of filing of any such application shall be given by registered mail to any coal operator or operators affected. Any such coal operator may within ten days following such notice, file objections to such proposed alternative method or material. If no objections are filed within said ten-day period or if none is raised by the director, the director shall forthwith issue a permit approving such proposed alternative method or material.
(a) The director may review the maps and data filed under sections two and three hereof for the purpose of determining the accuracy thereof. Where any material question is raised by any interested storage operator or coal operator or owner as to the accuracy of any such map or data, the director shall hold hearings thereon and shall by an appropriate order require the person filing such map or data to correct the same if they are found to be erroneous.
(a) The director or any person having a direct interest in the subject matter of this article may at any time request that a conference be held for the purpose of discussing and endeavoring to resolve by mutual agreement any matter arising under the provisions of this article. Prompt notice of any such conference shall be given by the director to all such interested parties. At such conference a representative of the director shall be in attendance, and the director may make such recommendations ashedeemsare deemed appropriate. Any agreement reached at such conference shall be consistent with the requirements of this article and, if approved by such representative of the director, it shall be reduced to writing and shall be effective unless reviewed and rejected by the director within ten days after the close of the conference. The record of any such agreement approved by the director shall be kept on file by the director with copies furnished to the parties. The conference shall be deemed terminated as of the date any party refuses to confer thereafter. Such a conference shall be held in all cases prior to conducting any hearing under this section.
(a) The director or any person having a direct interest in the subject matter of this article may complain in writing setting forth that any person is violating or is about to violate, any provisions of this article, or has done, or is about to do, any act, matter or thing therein prohibited or declared to be unlawful, or has failed, omitted, neglected or refused, or is about to fail, omit, neglect or refuse, to perform any duty enjoined upon him by this article. Upon the filing of a complaint against any person, the director shall cause a copy thereof to be served upon such person by registered mail accompanied by a notice from the director setting such complaint for hearing at a time and place specified in such notice. At least five days' notice of such hearing shall be given to the parties affected and such hearing shall be held in accordance with the provisions of section ten of this article. Following such hearing, the director shall, ifhethe director finds that the matter alleged in the complaint is not in violation of this article, dismiss the complaint, but if the director shall find that the complaint is justified,hethe director shall by appropriate order compel compliance with this article.
Any person who shall willfully violate any order of the director issued pursuant to the provisions of this article shall be guilty of a misdemeanor, and, on conviction thereof, shall be punished by a fine not exceeding two thousand dollars, or imprisoned in jail for not exceeding twelve months, or both, in the discretion of the court, and prosecutions under this section may be brought in the name of the state of West Virginia in the court exercising criminal jurisdiction in the county in which the violation of such provisions of the article or terms of such order was committed, and at the instance and upon the relation of any citizen of this state.
All orders in effect upon the effective date of this article pursuant to the provisions of former articlesevenfour, chaptertwenty-twotwenty-two-b of this code, shall remain in full force and effect as if such orders were adopted by the division established in this chapter but all such orders shall be subject to review by the director to ensure they are consistent with the purposes and policies set forth in this chapter.
This article may be cited as"The West Virginia"Abandoned Well Act."
(a) The Legislature finds and declares that:
Unless the context in which it is used clearly requires a different meaning, as used in this article:
(a) Operators of all wells, not otherwise required to demonstrate financial responsibility through bonding or otherwise in accordance with the provisions of articleonesix of this chapter, shall, no later than the first day of July, one thousand nine hundred ninety-three, demonstrate financial responsibility in accordance with the methods and in the amounts prescribed by this article.
The financial responsibility requirements applicable to all wells shall be as set forth in section twenty-six, articleonesix of this chapter, except that the amount of financial responsibility through bonding or otherwise, as provided for in said section, for an individual well shall be in the amount of five thousand dollars. In lieu of separate, single well bonds, an operator may either furnish a blanket bond in the sum of fifty thousand dollars in accordance with the provisions of subsection (c) of section twenty-six, articleonesix of this chapter, or if the operator has previously provided a blanket bond in the sum of fifty thousand dollars which remains in effect, the operator may cover wells subject to this article by such existing blanket bond.
(a) Within one year of the effective date of this article, the director shall promulgate legislative rules establishing a priority system by which available funds from the oil and gas reclamation fund, established pursuant to section twenty-nine, articleonesix of this chapter, will be expended to plug abandoned wells. The rules shall, at a minimum, establish three primary classifications to be as follows:
(a) Upon twenty days' advance written notice, it shall be lawful for any interested person, the operator or the director to enter upon the premises where any abandoned well is situated and properly plug or replug such abandoned well, and to reclaim any area disturbed by such plugging or replugging in the manner required by articleonesix of this chapter. Such notice shall be served by certified mail, returned receipt requested, or such other manner as is sufficient for service of process in a civil action, upon any owner of the surface of the land upon which such abandoned well exists, upon any oil and gas lessee of record with the director and upon any owner or operator of such abandoned well of record with the director, or in the event there is no such lessee, owner or operator of record with the director, by posting such notice in a conspicuous place at or near such abandoned well. The notice given the surface owner shall include a statement advising the surface owner of the right to repairs or damages as provided in this section and the potential right to take any casing, equipment or other salvage. Such notice shall be on forms approved by the director.
(a) If the interested person who plugs a well and the surface owner are unable to agree as to the adequacy of the repairs performed or the amount of compensation to which the surface owner may be entitled, either party upon written notice to the other may elect to have such issue finally determined by binding arbitration pursuant to article ten, chapter fifty-five of this code.
(a) Any person who fails to plug an abandoned well within thirty days, or upon a showing of good cause, within a longer period as determined by the director not to exceed one hundred eighty days, from the date such plugging is ordered by the director, shall be liable for a civil penalty of twenty-five thousand dollars which penalty shall be recovered in a civil action in the circuit court wherein the abandoned well is located.
(a) The director shall have the power and authority to promulgate legislative rules, procedural rules and interpretive rules in accordance with the provisions of chapter twenty-nine-a of this code in order to carry out and implement the provisions of this article.
(a) It is the purpose of this article to provide additional and cumulative remedies to address abandoned wells in this state and nothing herein contained shall abridge or alter rights of action or remedies now or hereafter existing, nor shall any provisions in this article, or any act done by virtue of this article, be construed as estopping the state, municipalities, public health officers or persons in the exercise of their rights to suppress nuisance or to abate any pollution now or hereafter existing, or to recover damages.
The provisions of this article shall be in addition to and supplement all other provisions of articleoneeight of this chapter and rights with respect to plugging or replugging wells. Nothing in this article shall be construed to eliminate the permit requirement for plugging and replugging wells.In theevent of any inconsistency or conflict between any provision ofthis article and any provision of this code, the provisions ofthis article shall control.
§ 22-11-1.
This article may be known and cited as the "Water Pollution Control Act."
(a) It is declared to be the public policy of the state of West Virginia to maintain reasonable standards of purity and quality of the water of the state consistent with (1) public health and public enjoyment thereof; (2) the propagation and protection of animal, bird, fish, aquatic and plant life; and (3) the expansion of employment opportunities, maintenance and expansion of agriculture and the provision of a permanent foundation for healthy industrial development.
Unless the context in which used clearly requires a different meaning, as used in this article:
(a) In addition to all other powers and dutiesof the chiefof the department's division of water resources, as prescribed inthis article or elsewhere by law, the chief, under thesupervision of the director, shall havethe director has and may exercise, subject to specific grants of authority to the chief or the board in this article or elsewhere in this code, the following powers and authority and shall perform the following duties:
The divisionof water resources shall be responsible for thedepartment'sshall maintain a program and practices in the husbandry ofrivers, streams, creeks, branches, brooks, lakes,industrial settling basins and ponds, waste treatment facilities,and other water areas (except farm ponds)waters of the state and the lands immediately adjacent thereto. Thechief of thedivisiondirector shall make such investigations and surveys, conduct such schools and public meetings and take such other steps as may be expedient in the conservation, beautification, improvement and use of all such water areas of the state.HeThe director shall cooperate with thedepartment'sdivision of natural resources' chief law enforcement officer in enforcing the provisions of law prohibiting the disposal of litter in, along and near such water areas.
Thedivisionoffice of water resources is hereby designated as the water pollution control agency for this state for all purposes of federal legislation and is hereby authorized to take all action necessary or appropriate to secure to this state the benefits of said legislation. In carrying out the purposes of this section, the chief is hereby authorized to cooperate with the United States environmental protection agency and other agencies of the federal government, other states, interstate agencies and other interested parties in all matters relating to water pollution, including the development of programs for controlling and reducing water pollution and improving the sanitary conditions of the waters of the state; to apply for and receive, on behalf of this state, funds made available under the aforesaid federal legislation on condition that all moneys received from any federal agency as herein provided shall be paid into the state treasury and shall be expended, under the direction of thechiefdirector, solely for purposes for which the grantsshall have beenare made; to approve projects for which applications for loans or grants under the federal legislation are made by any municipality (including any city, town, district or other public body created by or pursuant to the laws of this state and having jurisdiction over the disposal of sewage, industrial wastes or other wastes) or agency of this state or by any interstate agency; and to participate throughhisauthorized representatives in proceedings under the federal legislation to recommend measures for the abatement of water pollution originating in this state. The governoris herebyauthorized, in his discretion, tomay give consent on behalf of this state to requests by the administrator of the United States environmental protection agency to the attorney general of the United States for the bringing of actions for the abatement of such pollution. Whenever a federal law requires the approval or recommendation of a state agency or any political subdivision of the state in any matter relating to the water resources of the state, the director, subject to approval of the Legislature, is hereby designated as the sole person to give the approval or recommendation required by the federal law, unless the federal law specifically requires the approval or recommendation of some other state agency or political subdivision of the state.
(a) The chief may, after public notice and opportunity for public hearing, issue a permit for the discharge or disposition of any pollutant or combination of pollutants into waters of this state upon condition that such discharge or disposition meets or will meet all applicable state and federal water quality standards and effluent limitations and all other requirements of this article and article three, chapter twenty-two-b of this code.
The chief shall prescribe a form of application for all permits for any activity specified in sectionfiveeight of this article and, notwithstanding any other provision of law to the contrary, no other discharge permit or discharge authorization from any other state department, agency, commission, board or officershall beis required for such activity except that which is required from thedepartment of mines by the provisions ofchapter twenty-twooffice of miners' health, safety and training pursuant to section seventy-six, article two, chapter twenty-two-a of this code. All applications must be submitted on a form as prescribed above. An applicant shall furnish all information reasonably required by any such form, including without limiting the generality of the foregoing, a plan of maintenance and proposed method of operation of the activity or activities. Until all such required information is furnished, an applicationshall not be consideredis not a complete application. Thechief and boarddivision shall protect any information (other than effluent data) contained in such permit application form, or other records, reports or plans as confidential upon a showing by any person that such information, if made public, would divulge methods or processes entitled to protection as trade secrets of such person. If, however, the information being considered for confidential treatment is contained in a national pollutant discharge elimination form, the chief or board shall forward such information to the regional administrator of the United States environmental protection agency forhisconcurrence in any determination of confidentiality.
(a) A special revenue fund designated the "Water Quality Management Fund" shall be established in the state treasury on the first day of July, one thousand nine hundred eighty-nine.
(a) The chief or his or her duly authorized representatives shall conduct such investigation as is deemed necessary and proper in order to determine whether any such application should be granted or denied. In making such investigation and determination as to any application pertaining solely to sewage, the chief shall consult with the director of thedivision ofsanitary engineering of the state department ofoffice of environmental health services of the state bureau of public health, and in making such investigation and determination as to any application pertaining to any activity specified in subdivision (7), subsection (b), sectionfiveeight of this article, the chief shall consult with the director of the state geological and economic survey and thedeputy directorchief of the office of oil and gas of the divisionof the department ofmines, and all such persons shall cooperate with the chief and assist him or her in carrying out the duties and responsibilities imposed upon him or her under the provisions of this article and the rulesand regulationsof the director and board; such cooperation shall include, but not be limited to, a written recommendation approving or disapproving the granting of the permit and the reason or reasons for such recommendation, which recommendation and the reason or reasons therefor shall be submitted to the chief within the specified time period prescribed by rulesand regulationsof theboarddirector.
After issuance of thedepartment'sdivision's permit for any activity thechief or his duly authorized representativesdirector may make field inspections of the work on the activity, and, after completion thereof, may inspect the completed activity, and, from time to time, may inspect the maintenance and operation of the activity.
Thechiefdirector is hereby authorized to appoint voluntary water quality monitors to serve at the will and pleasure of thechiefdirector. All such monitors appointed pursuant hereto shall be eighteen years of age or over and shall be bona fide residents of this state.
Any and all persons directly or indirectly discharging or depositing treated or untreated sewage, industrial wastes, or other wastes, or the effluent therefrom, into or near any waters of the state shall file with thedivision of water resourcesdirector such information as thechief thereofdirector may reasonably require on forms prescribedby himfor such purpose, including, but not limited to, data as to the kind, characteristics, amount and rate of flow of such discharge or deposit. If thechiefdirector has reasonable cause to believe that any establishment is, or may be, polluting the waters of the state,hethe director may require any person owning, operating or maintaining such establishment to furnish such information as may reasonably be required to ascertain whether such establishment is, or may be causing such pollution, andhethe director may conduct any test or tests that he or she may deem necessary or useful in making his or her investigation and determination.
If thechiefdirector, on the basis of investigations, inspections and inquiries, determines that any person who does not have a valid permit issued pursuant to the provisions of this article is causing the pollution of any of the waters of the state, or does on occasions cause pollution or is violating any ruleor regulationor effluent limitation of the board or the director, he or she shallwith the consent of the director,either make and enter an order directing such person to stop such pollution or the violation of the ruleor regulationor effluent limitation of the board or director, or make and enter an order directing such person to take corrective or remedial action. Such order shall contain findings of fact upon which thechiefdirector basedon histhe determination to make and enter such order. Such order shall also direct such person to apply forthwith for a permit in accordance with the provisions of sectionsfive, six and seveneight, nine and eleven of this article. Thechiefdirector shall fix a time limit for the completion of such action. Whether thechiefdirector shall make and enter an order to stop such pollution or shall make and enter an order to take remedial action, in either case the person so ordered may elect to cease operations of the establishment deemed to be the source of such discharge or deposits causing pollution, if the pollution referred to in thechief'sdirector's order shall be stopped thereby.
Any person upon whom any order of thechiefdirector or any order of the board in accordance with the provisions ofsectionsten and fifteensection fifteen of this article, or article one, chapter twenty-two-b of this code has been served shall fully comply therewith.
(a) When any person who is owner of an establishment is ordered by thechiefdirector to stop or prevent pollution or the violation of the rulesand regulationsof the board or director or to take corrective or remedial action, compliance with which order will require the acquisition, construction or installation of a new treatment works or the extension or modification of or an addition to an existing treatment works, (which acquisition, construction, installation, extension, modification or addition of or to a treatment works pursuant to such order is referred to in this section as "such compliance") such person may exercise the power of eminent domain in the manner provided in chapter fifty-four of this code, to acquire such real property or interests in real property as may be determined by thechiefdirector to be reasonably necessary for such compliance.
Whensuchany person is ordered to take remedial action and does not elect to cease operation of the establishment deemed to be the source of such pollution or when ceasing does not stop the pollution, such person shall immediately upon issuance of the permit required under sectionelevensixteen of this article take or begin appropriate steps or proceedings to carry out such remedial action. In any such case itshall beis the duty of each individual offender, each member of a partnership, each member of the governing body of a municipal corporation and each member of the board of directors or other governing body of a private corporation, association or other legal entity whatever, to see that appropriate steps or proceedings to comply with such order are taken or begun immediately. Thechiefdirector may require progress reports, at such time intervals as he or she deems necessary, setting forth the steps taken, the proceedings started and the progress made toward completion of such remedial action. All such remedial action shall be diligently prosecuted to completion.
Whenever thechiefdirector finds that any discharge, release, escape, deposit or disposition of treated or untreated sewage, industrial wastes or other wastes into any waters within this state, when considered alone or in conjunction with other discharges, releases, escapes, deposits or dispositions, constitutes a clear, present and immediate danger to the health of the public, or to the fitness of a private or public water supply for drinking purposes, thechiefdirector may, with the concurrence in writing of thedirector of the department ofnatural resources and the director of the department ofcommissioner of the bureau of public health, without notice or hearing, issue an order or orders requiring the immediate cessation or abatement of any such discharge, release, escape, deposit or disposition, and the cessation of any drilling, redrilling, deepening, casing, fracturing, pressuring, operating, plugging, abandoning, converting or combining of any well, or requiring such other action to be taken as thechiefdirector, with theconcurrencesconcurrence aforesaid, deems necessary to abate such danger.
No right to violate the rulesand regulationsof the board or director or to continue existing pollution of any of the waters of the stateshall existexists norshallmay such right beor bedeemed to have beenacquired by virtue of past or future pollution by any person. The right and control of the state in and over the quality of all waters of the state are hereby expressly reserved and reaffirmed. It is recognized that with the passage of time, additional efforts may have to be made by all persons toward control and reduction of the pollution of the waters of the state, irrespective of the fact that such persons may have previously complied with all orders of thechiefdirector or board. It is also recognized that there should be continuity and stability respecting pollution control measures taken in cooperation with, and with the approval of, thechiefdirector, or pursuant to orders of thechiefdirector or board. When a person is complying with the terms and conditions of a permit granted pursuant to the provisions of sectionseveneleven of this article or when a person has completed remedial action pursuant to an order of thechiefdirector or board, additional efforts may be required wherever and whenever the rulesandregulationsof the board or director or effluent limitations are violated or the waters of the state are polluted by such person.
Any person who violates any provision of any permit issued under or subject to the provisions of this articleshall beis subject to a civil penalty not to exceed ten thousand dollars per day of such violation, and any person who violates any provision of this article or of any ruleand regulationor who violates any standard or order promulgated or made and entered under the provisions of this articleshall beor articles one or three, chapter twenty-two-b of this code is subject to a civil penalty not to exceed ten thousand dollars per day of such violation. Any such civil penalty may be imposed and collected only by a civil action instituted by thechiefdirector in the circuit court of the county in which the violation occurred or is occurring or of the county in which the waters thereof are polluted as the result of such violation.
All applications under sectionseventeentwenty-two of this article and all proceedings for judicial review undersectionsixteen of thisarticle one, chapter twenty-two-b of this code shall take priority on the docket of the circuit court in which pending, and shall take precedence over all other civil cases. Where such applications and proceedings for judicial review are pending in the same court at the same time, such applications shall take priority on the docket and shall take precedence over proceedings for judicial review.
Any person who causes pollution or who fails or refuses to discharge any duty imposed uponhimsuch person by this article or by any ruleor regulationof the board or director, promulgated pursuant to the provisions and intent of this article or article three, chapter twenty-two-b of this code, or by an order of thechiefdirector or board, or who fails or refuses to apply for and obtain a permit as required by the provisions of this article, or who fails or refuses to comply with any term or condition of such permit,shall beis guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not less than one hundred dollars nor more than one thousand dollars, or by imprisonment in the county jail for a period not exceeding six months, or by both such fine and imprisonment.
If any loss of game fish or aquatic life results from a person's or persons' failure or refusal to discharge any duty imposed uponhimsuch person by this article or section seven, article six of this chapter, either the West Virginiadepartmentdivision of natural resourcesshall have a cause ofor the division of environmental protection, or both jointly may initiate a civil action on behalf of the state of West Virginia to recover from such person or persons causing such loss a sum equal to the cost of replacing such game fish or aquatic life. Any moneys so collectedby the directorshall be deposited in a special revenue fund entitled "natural resources game fish and aquatic life fund" and shall be expended as hereinafter provided. The fund shall be expended to stock waters of this state with game fish and aquatic life. Where feasible, the director of the division of natural resources shall use any sum collected in accordance with the provisions of this section to stock waters in the area in which the loss resulting in the collection of such sum occurred. Any balance of such sum shall remain in said fund and be expended to stock state-owned and operated fishing lakes and ponds, wherever located in this state, with game fish and aquatic life.
The criminal liabilities may not be imposedbypursuant to sectionnineteentwenty-four of this articleshall not beconstrued to include any violationfor violations resulting from accident or caused by an act of God, war, strike, riot or other catastrophe as to which negligence or wilful misconduct on the part of such person was not the proximate cause.
It is the purpose of this article to provide additional and cumulative remedies to abate the pollution of the waters of the state and nothing herein contained shall abridge or alter rights of action or remedies now or hereafter existing, nor shall any provisions in this article, or any act done by virtue of this article, be construed as estopping the state, municipalities, public health officers, or persons as riparian owners or otherwise, in the exercise of their rights to suppress nuisances or to abate any pollution now or hereafter existing, or to recover damages.
Thechief of the division of water resourcesdirector shall make surveys and investigations of the water resources of the state and, as soon as practicable,shall maintain an inventory of the water resources of the state and to the extent practicable shall divide the state into watershed drainage areas in making this inventory. Thechiefdirector shall investigate and study the problems of agriculture, industry, conservation, health, water pollution, domestic and commercial uses and allied matters as they relate to the water resources of the state, and shall make and formulate comprehensive plans and recommendations for the further development, improvement, protection, preservation, regulation and use of such water resources, giving proper consideration to the hydrologic cycle in which water moves.Annually, not later than the first of November, he shall prepareand publish a full report on his work as to the collection andThe director shall provide to the Legislature a biennial report on the quality of the state's waters, including an evaluation of the information which has been obtained in accordance with the requirements of this section and shall include in this report the plans and recommendations which have been formulated pursuant to the requirements of this section. Where possible the timing and content of this report shall be structured so that it may also be used to fulfill any federal program reporting requirements. The report shall includehisreasons for such plans and recommendations, as well as any changes in the law which are deemed desirable to effectuate such plans and recommendations. Such report shall be made available to the public at a reasonable price to be determined by thechief and thedirector.
This article may be known and cited as the "Groundwater Protection Act."
(a) The Legislature finds that:
Unless the context in which used clearly requires a different meaning, as used in this article:
(a) Thestate water resourcesenvironmental quality boardshall havehas the sole and exclusive authority to promulgate standards of purity and quality for groundwater of the state and shall promulgate such standards following a public hearing within one year from the effective date of this article, by legislative rules in accordance with the provisions of chapter twenty-nine-a of this code.
(a) Notwithstanding any other provision of this code to the contrary, no agency of state government or any political subdivision may regulate any facility or activities for the purpose of maintaining and protecting the groundwater except as expressly authorized pursuant to this article.
(a) The division ofnatural resourcesenvironmental protection is hereby designated to be the lead agency for groundwater and is authorized and shall perform the following additional powers and duties:
(a)There is hereby created aThe state groundwater coordinating committeewhich shall consist of the director of thedivision of health, the commissioner of the division of energy,is continued. It consists of the commissioner of the bureau of public health, the commissioner of agriculture, thechairpersonchair of thewater resourcesenvironmental quality board, the chief of the office of water resourcessectionof the division ofnatural resourcesenvironmental protection and the director of the division ofnatural resourcesenvironmental protection who shall serve as itschairpersonchair.
(a) To ensure a comprehensive, consistent and unfragmented approach to the management and protection of groundwater, including evaluation of the cumulative effects of all activities that have the potential to impact on groundwater, the director shall oversee and coordinate the implementation of this article by each of the groundwater regulatory agencies through a groundwater certification program as hereby established.
(a) The director of the division ofProvided, That any unexpended balance in the groundwater protection fund at the end of each fiscal year may, by an act of the Legislature, be transferred to the groundwater remediation fund created by this article: Provided, however, That if no action is taken to transfer the unexpended balance to the remediation fund, such moneys shall not be transferred to the general revenue fund, but shall remain in the groundwater protection fund. Such fees imposed by this section are in addition to all other fees and taxes levied by law. The director shall require such fees to be paid at the time of certification pursuant to section eight of this article, or at such more frequent time as the director may deem to be appropriate. The director may withhold certification pursuant to section eight of this article where such fees have not been timely paid.natural resourcesenvironmental protection shall promulgate legislative rules in accordance with the provisions of chapter twenty-nine-a of this code establishing a schedule of groundwater protection fees applicable to persons who own or operate facilities or conduct activities subject to the provisions of this article. The schedule of fees shall be calculated by the director to recover the reasonable and necessary costs of implementing the provisions of this article as it relates to a particular facility or activity. In addition, the fee may include an appropriate assessment of other program costs not otherwise attributable to any particular facility or activity. Such fees in the aggregate shall not exceed one million dollars per year and shall be deposited into the groundwater protection fund established pursuant to this article:
(a) Any person who violates any provision of this article, or any permit or agency approval, rule or order issued to implement this article,Provided, That such penaltiesshall beis subject to civil penalties in accordance with the provisions of sectionseventeentwenty-two, articlefive-aeleven of this chapter:
Any person may petition the appropriate rule-making agency for rule making on an issue arising under this article. The appropriate rule-making agency, if it believes such issue to merit rule making, may initiate rule making in accordance with the provisions of chapter twenty-nine-a of this code. A decision by the appropriate rule-making agency not to pursue rule making must set forth in writing reasons for refusing to do so. Any person may petition an agency to issue a declaratory ruling pursuant to section one, article four, chapter twenty-nine-a of this code with respect to the applicability to any person, property or state of facts of any rules promulgated by that agency pursuant to this article.
(a) It is the purpose of this article to provide additional and cumulative remedies to address the quality of the groundwater of the state. This articleshall not be interpreted todoes not alter the authority of any agency with respect to water other than groundwater. Except as expressly stated in this article, it is not the intention of the Legislature in enacting this article to repeal any other provision of this code.
To the extent that this article modifies any powers, duties, functions and responsibilities of any state agency that may require approval of one or more federal agencies or officials in order to avoid disruption of the federal-state relationship involved in the implementation of federal regulatory programs by the state, any such modificationsshallbecome effective upon a proclamation by the governor stating either that final approval of such modifications has been given by the appropriate federal agency or official or that final approval of such modification is not necessary to avoid disruption of the federal-state relationship under which such regulatory programs are implemented.
§ 22-13-1.
This article may be known and cited as the "Natural Streams Preservation Act."
Unless the context, in which used, clearly requires a different meaning, as used in this article:
For the purpose of implementing the public policy declared in sectiononetwo of this article, there is hereby established a natural stream preservation system to be composed of streams designated by the Legislature as "protected streams," and these shall be administered for the use and enjoyment of the citizens of West Virginia in such manner as will leave them unimpaired for future use and enjoyment as free-flowing streams, and so as to provide for the protection and the preservation of these streams in their natural character.
The following streams are hereby designated as protected streams within the natural streams preservation system, namely:
(a) In addition to all other powers and duties of thechiefof the department's division of water resourcesdirector, as prescribed in this article or elsewhere by law, thechief, underthe supervision of thedirector shall exercisegeneralsupervision over the administration and enforcement of the provisions of this article, and all orders and permits issued pursuant to the provisions of this article.
Itshall beis unlawful for any person, until thedepartment'sdivision's permit therefor has been granted, to modify any protected stream or any part thereof. No permit shall be issued unless the work proposed to be done under such permit: (a) Will not materially alter or affect the free-flowing characteristics of a substantial part of a protected stream or streams; (b) is necessary to prevent an undue hardship; and (c) meets with the approval of thechiefdirector.
Thechiefdirector shall prescribe a form of application for all permits. All applications for permits shall be submitted to the divisionof water resourcesand shall be on the prescribed form.
(a) Before issuing a permit, a public hearing shall be held. Thechiefdirector shall consider the application and shall fix a time and place for hearing on such application. The hearing shall be held in a county in which the proposed modification is to be made and, if the proposed modification is to be made in more than one county, then a separate hearing shall be held in each county in which the proposed modification is to be made. The applicant shall cause a notice of the time and place of such hearing and the purpose thereof to be published as a Class III-0 legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code, and the publication area for such publicationshall beis the county or counties in which the proposed modification is to be made. Publication of the notice shall be completed at least fifteen days before such hearing. The applicant shall also cause to be served, at least fifteen days before such hearings, in the manner provided by law for the service of notice and process, a notice showing the time, place and purpose of such hearing, upon every owner of property, and every person holding a lien thereon, abutting on that portion of the stream on which the modification is to be made, or abutting on any portion of such stream within two miles above or below the proposed modification. The affidavit of publication of such notice shall be filed with thechiefdirector or his or her duly designated hearing examiner at or before the hearing as a part of the record in the proceedings.
After issuance of thedepartment'sdivision's permit for any such modification, thechief and hisdirector and duly authorized representatives may make field inspections of the work on the modification, and, after completion thereof, may inspect the completed modification, and, from time to time, may inspect the maintenance and operation of such modification.
Whether any violation of the provisions of this article or any final order of thechiefdirector or the boardshall resultresults in prosecution or conviction or not, any such violationshall be deemedis a nuisance which may be abated upon application by the chief to the circuit court of the county in which such nuisance or any part thereofshall existexists, or to the judge thereof in vacation. Upon application by thechiefdirector, the circuit courts of this state may by mandatory or prohibitive injunction compel compliance with all final orders of thechiefdirector or board. Any application for an injunction to compel compliance with any final order of thechiefdirector or board shall be made to the circuit court of any county in which the modification to which the order relates is proposed to be made, or in which the modification to which the order relates is situate or would be situate upon completion thereof. Upon application by thechiefdirector to the circuit court of the county in which a municipal corporation is located, or in which any person resides or does business, or to the judge thereof in vacation, such court may by injunction require the performance of any duty imposed upon such municipal corporation or person by the provisions of this article. The court may issue a temporary injunction in any case pending a decision on the merits of any application filed. In cases of modifications where irreparable damage will result from any delay incident to the administrative procedures set forth in this article,the chief, with the consentofthe director may forthwith apply to the circuit court of any county in which the modification is taking place for a temporary injunction. Such court may issue a temporary injunction pending final disposition of the case by thechiefdirector or the board, in the event an appeal is taken to the board.
All applications under section twelve of this article and all proceedings for judicial review undersection eleven of thisarticlearticle one, chapter twenty-two-b of this code shall take priority on the docket of the circuit court in which pending, and shall take precedence over all other civil cases. Where such applications and proceedings for judicial review are pending at the same time, such applications shall take priority on the docket and shall take precedence over proceedings for judicial review.
Any person who fails or refuses to discharge any duty imposed upon him or her by this article or by any final order of thechiefdirector or board, or who fails or refuses to apply for and obtain a permit as required by the provisions of this article,shall beis guilty of a misdemeanor, and, upon conviction thereof, shall be punished for a first offense by a fine of not less than twenty-five dollars nor more than one hundred dollars, and for a second offense by a fine of not less than two hundred dollars nor more than five hundred dollars, and for a third offense and each subsequent offense by a fine of not less than five hundred dollars nor more than one thousand dollars or by imprisonment for a period not to exceed six months, or in the discretion of the court by both such fine and imprisonment.
The criminal liabilitiesimposed byprovided for in section fourteen of this articleshall not be construed to includemay not be imposed for any violation resulting from accident or caused by an act of God, war, strike, riot or other catastrophe as to which negligence or wilful conduct on the part of such person was not theapproximateproximate cause.
This article shall be known and cited as the "Dam Control and Safety Act".
The Legislature finds that dams may constitute a potential hazard to people and property; therefore, dams in this state must be properly regulated and controlled to protect the health, safety and welfare of people and property in this state. It is the intent of the Legislature by this article to provide for the regulation and supervision of dams in this state to the extent necessary to protect the public health, safety and welfare. The Legislature has ordained this article to fulfill its responsibilities to the people of this state and to protect their lives and private and public property from the danger of a potential or actual dam failure. The Legislature finds and declares that in light of the limited state resources available for the purposes of this article, and in view of the high standards to which the United States soil conservation service designs dams, independent state review of the plans and specifications for dams designed by the soil conservation service and construction oversight should not be required. The Legislature further finds and declares that dams designed and constructed by the soil conservation service but not owned or operated by it should be subject to the same provisions of inspection, after construction and certification by the soil conservation service, as other dams covered by this article, so long as any dam under the soil conservation service program is designed with standards equal to or exceeding state requirements under this article.
As used in this article, unless used in a context that clearly requires a different meaning, the term:
The directorshall havehas the following powers and duties:
It is unlawful for any person to place, construct, enlarge, alter, repair, remove or abandon any dam under the jurisdiction of the director until he or she has first: (a) Filed an application for a certificate of approval with the division; and (b) obtained from the division a certificate of approval:Provided, That routine repairs which do not affect the safety of a dam are not subject to the application and approval requirements. A separate application for a certificate of approval must be submitted by a person for each dam he or she desires to place, construct, enlarge, alter, repair, remove or abandon. One application may be valid for more than one dam involved in a single project or in the formation of a reservoir.
Plans and specifications for the placement, construction, enlargement, alteration, repair or removal of dams shall be in the charge of a registered professional engineer licensed to practice in West Virginia. Any plans or specifications submitted to the division shall bear the seal of a registered professional engineer.
Upon receipt of an application for a certificate of approval and the fee required under the provisions of this article, the director shall proceed to consider the application for sufficiency. The director shall approve or disapprove the application within sixty days after receipt.
Each certificate of approval issued by the director under the provisions of this article may contain other terms and conditions as the director may prescribe.
During the placement, construction, enlargement, repair, alteration or removal of any dam, the director shall, either with the division's own engineers or by consulting engineers or engineering organizations, make periodic inspections for the purpose of ascertaining compliance with the certificate of approval. The director shall require the owner at his or her expense to perform work or tests as necessary and to provide adequate supervision during the placement, construction, enlargement, repair, alteration or removal of a dam:Provided, That with respect to dams designed by and constructed under the supervision of the soil conservation service, as to such dams no state inspections
The owner of a dam has the primary responsibility for determining when an emergency involving a dam exists. When the owner of a dam determines an emergency does exist, the owner shall take necessary remedial action and shall notify the director and the owner shall also notify any persons who may be endangered if the dam should fail.
The director shall give notice to file an application for a certificate of approval to every owner of a dam which was completed prior to the effective date of this section:Provided, That no such notice need be given to a person who has applied for and obtained a certificate of approval on or after the first day of July, one thousand nine hundred seventy-three, in accordance with the provisions of the prior enactment of section five of this article. Such notice shall be given by certified or registered mail, return receipt requested, to the owner at his or her last address of record in the office of the county assessor of the county in which the dam is located and such mailing shall constitute service. A separate application for each dam a person owns shall be filed with the director in writing upon forms supplied by him or her and shall include or be accompanied by appropriate information concerning the dam as the director requires.
Nothing in this articleshall be construed to relieverelieves the owner of a dam of the legal duties, obligations or liabilities incident to the ownership or operation of a dam.
(a) Any person who violates any of the provisions of this article or any certificate of approval, order, rule or requirement of the director or division is guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than one hundred dollars nor more than one thousand dollars, or imprisoned in the county jail not more than six months, or both fined and imprisoned.
(a) If the director, upon inspection, investigation or through other means observes, discovers or learns of a violation of the provisions of this article, any certificate of approval, notice, order or rulesor regulationsissued or promulgated hereunder, he or she may:
(a) Any person who violates any provision of this article, any certificate of approval or any rule,Provided, That no combination of assessments against a violator shall exceed four hundred dollars per day of each violation: Provided, however, That any violation for which the violator has paid a civil administrative penalty assessed under this subsection is not subject to a separate civil penalty action under this article to the extent of the amount of the civil administrative penalty paid. Civil administrative penalties shall be levied in accordance with the rulesregulation,notice or order issued pursuant to this article is subject to a civil administrative penalty, to be levied by the director, of not more than two hundred dollars for each day of the violation, not to exceed a maximum of four hundred dollars. In assessing any penalty, the director shall take into account the seriousness of the violation and any good faith efforts to comply with applicable requirements as well as any other appropriate factors as may be established by rulesand regulationspromulgated by the director. No assessment shall be levied pursuant to this subsection until after the alleged violator has been notified by certified mail or personal service. The notice shall include a reference to the section of the statute, rule,regulation,notice, order or statement of the certificate of approval's terms that was allegedly violated, a concise statement of the facts alleged to constitute the violation, a statement of the amount of the administrative penalty to be imposed and a statement of the alleged violator's right to an informal hearing. The alleged violator has twenty calendar days from receipt of the notice within which to deliver to the director a written request for an informal hearing. If no hearing is requested, the notice becomes a final order after the expiration date of the twenty-day period. If a hearing is requested, the director shall inform the alleged violator of the time and place of the hearing. Within thirty days following the informal hearing, the director shall issue and furnish to the violator a written decision, and the reasons therefor, concerning the assessment of a civil administrative penalty. The authority to levy an administrative penalty is in addition to all other enforcement provisions of this article and the payment of any assessment does not affect the availability of any other enforcement provision in connection with the violation for which the assessment is levied:
The director shall promulgate rules in accordance with the provisions of section four of this article, to establish a schedule of application fees for which the appropriate fee shall be submitted by the applicant to the division together with the application for a certificate of approval filed pursuant to this article. The schedule of application fees shall be designed to establish reasonable categories of certificate application fees based upon the complexity of the permit application review process required by the director pursuant to the provisions of this article and the rules promulgated under this article. The director shall not process any certificate application pursuant to this article until the certificate application fee has been received.
The director shall promulgate rules in accordance with the provisions of section four of this article, to establish a schedule of annual registration fees which shall be assessed annually upon each person holding a certificate of approval issued pursuant to this article. Each person holding a certificate of approval shall pay the prescribed annual registration fee to the division pursuant to the rulesandregulationspromulgated under this article. The schedule of annual registration fees shall be designed to establish reasonable categories of annual registration fees, including, but not limited to, the size of the dam and its classification. Any certificate of approval issued pursuant to this articleshallbecomebecomes void without notification to the person holding a certificate of approval when the annual registration fee is more than one hundred eighty days past due pursuant to the rules promulgated under this section.
(a)AThe special fund designated "The Dam Safety Fund" hereinafter referred to as "the fund" shall beestablished in thestate treasury on the thirtieth day of September, one thousandnine hundred ninety-twocontinued.
(a) The purpose of this article isto transfer jurisdictionover the management of solid waste under section nine, articleone, chapter sixteen of the code from the division of health tothe division of environmental protection andto establish a comprehensive program of controlling all phases of solid wastedisposalmanagement.
§ 22-15-2.
Unless the context clearly requires a different meaning, as used in this article the terms:
(a) The purpose of this section is to allow for the combustion of wood waste without a solid waste facility permit and to allow facilities to use wood waste as an alternative fuel.
Provided,The Legislature hereby transfers from the department ofhealth to the department of natural resources the duties,responsibilities and authority of the state director of healthunder section nine, article one, chapter sixteen of the code asto the permitting and regulating of solid wastes and herebydesignates the chief to be the authorized representative denotedin that section for this purpose:
In addition to all other powers, duties, responsibilities and authority granted and assigned to the directorand chiefin this code and elsewhere described by law,they are herebythe director is empowered as follows:
The fee for the certificate of site approval is twenty-five dollars payable upon the filing of the application therefor with the county, county solid waste authority or regional solid waste authority, as the case may be.
All commercial and public solid waste facilities shall establish and publish a yearly schedule providing for one day per month on which a person not in the business of hauling or disposing of solid waste, who is a resident of the wasteshed in which the facility is located, may dispose of an amount of residential solid waste up to one pick-up truckload or its equivalent, free of all charges and fees.
(a) On and after the first day of October, one thousand nine hundred ninety-one, itshall beis unlawful to operate any commercial solid waste facility that handles between ten thousand and thirty thousand tons of solid waste per month, except as provided in sectionfour-dnine of this article andsectiontwelve-c, twelve-d or twelve-esections twenty-six, twenty-seven and twenty-eight, articlenine of thisfour, chapter twenty-two-c of this code.
(a) Notwithstanding any provision in this article, articlenine of thisfour, chapter twenty-two-c, article two, chapter twenty-four of this code, any other section of this code, or any prior enactment of the code to the contrary, and notwithstanding any defects in or challenges to any actions which were or are required to be performed in satisfaction of the following criteria, any person who on the first day of October, one thousand nine hundred ninety-one, has:
§
(a) Open dumps are prohibited and itProvided, That no person shall contribute additional solid waste to any such dump after the first day of April, one thousand nine hundred eighty-eight, except that the owners of the land on which unauthorized dumps have been or are being madeshall beis unlawful for any person to create, contribute to or operate an open dump or for any landowner to allow an open dump to exist onhisthe landowner's property unless that open dump is under a compliance schedule approved by thechiefdirector. Such compliance schedule shall contain an enforceable sequence of actions leading to compliance and shall not exceed two years. Open dumps operated prior to the first day of April, one thousand nine hundred eighty-eight, by a landowner or tenant for the disposal of solid waste generated by the landowner or tenant at his or her residence or farmshall not be deemed to constituteare not a violation of this section if such open dump did not constitute a violation of law on the first day of January, one thousand nine hundred eighty-eight, and unauthorized dumps which were created by unknown personsshalldo not constitute a violation of this section:
(a)Imposition. -- A solid waste assessment fee is hereby imposed upon the disposal of solid waste at any solid waste disposal facility in this state in the amount of one dollar and seventy-five cents per ton or part thereof of solid waste. The fee imposed by this section is in addition to all other fees and taxes levied by law and shall be added to and constitute part of any other fee charged by the operator or owner of the solid waste disposal facility.
(a) After a solid waste permit application has been approved pursuant to this article, or once operations have commenced pursuant to a compliance order, but before a permit has been issued, each operator of a commercial solid waste facility shall furnish bond, on a form to be prescribed and furnished by the director, payable to the state of West Virginia and conditioned upon the operator faithfully performing all of the requirements of this article, rules promulgated hereunder and the permit:Provided, That the director has the discretion to waive the requirement of a bond from the operator of a commercial solid waste facility, other than a Class A facility, which is operating under a compliance order. The amount of the bond required is one thousand dollars per acre and may include an additional amount determined by the director based upon the total estimated cost to the state of completing final closure according to the permit granted to such facility and such measures as are necessary to prevent adverse effects upon the environment; such measures include, but are not limited to, satisfactory monitoring, post-closure care and remedial measures: Provided, however, That the amount of the bond shall not exceed eight thousand dollars per acre. All permits shall be bonded for at least ten thousand dollars. The bond shall cover either (1) the entire area to be used for the disposal of solid waste, or (2) that increment of land within the permit area upon which the operator will initiate and conduct commercial solid waste facility operations within the initial term of the permit pursuant to legislative rules promulgated by the director pursuant to chapter twenty-nine-a of this code. If the operator chooses to use incremental bonding, as succeeding increments of commercial solid waste facility operations are to be initiated and conducted within the permit area, the operator shall file with the director an additional bond or bonds to cover such increments in accordance with this section: Provided further, That once the operator has chosen to proceed with bonding either the entire area to be used for the disposal of solid waste or with incremental bonding, the operator shall continue bonding in that manner for the term of the permit.
Any person investigating an area for the purpose of siting a commercial solid waste facility where no current solid waste permit exists, in order to determine a feasible, approximate location, shall prior to filing an application for a solid waste permit publish a Class II legal advertisement in a qualified newspaper serving the county where the proposed site is to be located. Such notice shall inform the public of the location, nature and other details of the proposed activity as prescribed in rulesand regulations to bepromulgatedas soon as practicableby the director. Within five days of such publication such person shall file with the director a pre-siting notice, which shall be made in writing on forms prescribed by the director and shall be signed and verified by the applicant. Such notice shall contain a certification of publication from a qualified newspaper, description of the area, the period of investigative review, a United States geological survey topographic map and a map showing the location of property boundaries of the area proposed for siting and other such information as required by rulesand regulationspromulgated pursuant to this section. The director shall hold a public hearing on the pre-siting notice in the area potentially affected. The director shall define pre-siting activities by promulgating legislative rules pursuant to chapter twenty-nine-a of this code.On or after the first day ofJanuary, one thousand nine hundred eighty-nine, theThe pre-siting notice, as prescribed by the director, shall also be filed with the county or regional solid waste authority, established pursuant to articleninefour, chaptertwentytwenty-two-c of this code, according to the county or region in which the proposed site is located within five days of the publication of the notice.
(a) The director shall by rulesand regulationspromulgated in accordance with chapter twenty-nine-a of this code establish standards and criteria applicable to commercial solid waste facilities for the visual screening of such facilities from any interstate highway, turnpike, federal and state primary highway or scenic parkway. The directorand the chiefshall not issue a permit under this article to install, establish, construct or operate any commercial solid waste facility without proper visual screening from any interstate highway, turnpike, federal or state primary highway or scenic parkway.
(a) If the director,or chief,upon inspection or investigation by duly authorized representatives or through other means observes, discovers or learns of a violation of this article, its rules, articlefive-aeleven of this chapter or its rules, or any permit or order issued under this article, he or she may:
(a)The director of the division of environmental protectionshall grant an extension of the closure deadline up to thethirtieth day of June, one thousand nine hundred ninety-three,to a solid waste facility, required by solid waste managementregulations to close by the thirty-first day of March, onethousand nine hundred ninety-three, requesting such extensionpursuant to the terms of subsection (b) of this section.The director mayalsogrant an extension of the closure deadline up to the thirtieth day of September, one thousand nine hundred ninety-four, to a solid waste facility required under the terms of an extension granted pursuant to this subsection to close by the thirtieth day of June, one thousand nine hundred ninety-three, or required by solid waste managementregulationsrules to close by the thirtieth day of September, one thousand nine hundred ninety-three, provided that the solid waste facility:
(a) Notwithstanding any other provision of this code, a permit application for a solid waste landfill facility submitted by any person who has owned, operated or held a permit for a solid waste landfill upon which funds have been, or are to be, expended on pursuant to the provisions of articlefive-nsixteen of this chapter, may be approved under the provisions of this article only if all funds so expended are repaid in full, plus interest, or arrangements, satisfactory to the director, are made for the repayment of the funds and the interest. The repayment shall be made a specific condition of a permit.
§ 22-15-19.
(a) Notwithstanding any other provision of this code to the contrary, itProvided, That such prohibitionshall beis unlawful to install, establish or construct a new municipal or commercial solid waste facility utilizing incineration technology for the purpose of solid waste incineration:
§ 22-15-20.
(a) The division shall develop and implement a comprehensive program for the regulation and management of sewage sludge. The division is authorized to require permits for all facilities and activities which generate, process or dispose of sewage sludge by whatever means, including, but not limited to, land application, composting, mixed waste composting, incineration or any other method of handling sewage sludge within the state.
The Legislature finds that:
As used in this article, unless the context clearly requires a different meaning:
(a) There is established within thesection of wastemanagement of thedivision ofnatural resourcesenvironmental protection the commercial solid waste landfill closure assistance program. The purpose of the program is to provide assistance for the closure of landfills which are required to cease operations pursuant to the closure deadlines provided for in this chapter.
§ 22-16-4.
(a)Imposition. -- A solid waste assessment fee is hereby levied and imposed upon the disposal of solid waste at any solid waste disposal facility in this state in the amount of three dollars and fifty cents per ton or like ratio on any part thereof of solid waste, except as provided in subsection (e) of this section: Provided, That any solid waste disposal facility may deduct from this assessment fee an amount, not to exceed the fee, equal to the amount that such facility is required by the public service commission to set aside for the purpose of closure of that portion of the facility required to close by article fifteen of this chapter. The fee imposed by this section is in addition to all other fees and taxes levied by law and shall be added to and constitute part of any other fee charged by the operator or owner of the solid waste disposal facility.
The solid waste management board is hereby empowered to issue, from time to time, solid waste closure revenue bonds and notes of the state in such principal amounts as the board deems necessary to pay the cost of or finance, in whole or in part, the closure of solid waste landfills by the divisionof naturalresourcespursuant to the provisions of this article, but the aggregate amount of all issues of bonds and notes outstanding at one time for all projects authorized hereunder shall not exceed that amount capable of being serviced by revenuesreceived fromsuch projects,pledged for the payment of bonds and notes issued pursuant to this section, and shall not exceed in the aggregate the sum of one hundred fifty million dollars.
(a) Before issuing any revenue bonds in accordance with the provisions of this article, the solid waste management board shall consult with and be advised by the West Virginia water development authority as to the feasibility and necessity of the proposed issuance of revenue bonds.
Any holder of solid waste disposal revenue bonds issued under the authority of this article or any of the coupons appertaining thereto, except to the extent the rights given by this article may be restricted by the applicable resolution, may by civil action, mandamus or other proceeding, protect and enforce any rights granted under the laws of this state or granted under this article, by the resolution authorizing the issuance of such bonds, and may enforce and compel the performance of all duties required by this article, or by the resolution, to be performed by the board or any officer or employee thereof, including the fixing, charging and collecting of sufficient rentals, fees, service charges or other charges.
Solid waste closure revenue bonds and notes and solid waste closure revenue refunding bonds issued under authority of this article and any coupons in connection therewithshall notconstituteare not a debt or a pledge of the faith and credit or taxing power of this state or of any county, municipality or any other political subdivision of this state, and the holders or owners thereofshallhave no right to have taxes levied by the Legislature or taxing authority of any county, municipality or any other political subdivision of this state for the payment of the principal thereof or interest thereon, but such bonds and notesshall beare payable solely from the revenues and funds pledged for their payment as authorized by this article unless the notes are issued in anticipation of the issuance of bonds or the bonds are refunded by refunding bonds issued under authority of this article, which bonds or refunding bondsshall beare payable solely from revenues and funds pledged for their payment as authorized by this article. All such bonds and notes shall contain on the face thereof a statement to the effect that the bonds or notes, as to both principal and interest, are not debts of the state or any county, municipality or political subdivision thereof, but are payable solely from revenues and funds pledged for their payment.
The provisions of sections nine and ten,and elevenarticle six, chapter twelve of this code notwithstanding, all solid waste closure revenue bonds issued pursuant to this articleshall beare lawful investments for the West Virginia state board of investments andshallare alsobelawful investments for financial institutions as defined in section two, article one, chapter thirty-one-a of this code, and for insurance companies.
The director may provide closure assistance only to permittees who meet the following requirements:
(a) The director shall provide an application and application procedure for all permittees of solid waste landfills desiring to receive closure assistance under this article. At a minimum the procedure shall require that:
(a) The "Closure Cost Assistance Fund" ishereby createdcontinued as a special revenue account in the state treasury. The fund shall operate as a special fund whereby all deposits and payments theretoshalldo not expire to the general revenue fund, butshallremain in such account and be available for expenditure in the succeeding fiscal year. Separate sub-accounts may be established within the special account for the purpose of identification of various revenue resources and payment of specific obligations.
The director shall promulgate rules that are necessary for the efficient and orderly implementation and administration of this article.no later than the first day of August, one thousandnine hundred ninety-two. Due to the need for the programprovided for in this article to begin as soon as possible theLegislature finds and declares that condition warranting rules tobe promulgated as emergency rules does exist and that thepromulgation of the initial rules required by this section shouldbe accorded emergency status.
Nothing in this article relieves the owner, operator or permittee of a landfill of the legal duties, obligations or liabilities incident to the ownership or operation of a landfill, except that the performance by the director of any of the activities set forth in subsection (b), section three of this article relieves the operator from the requirement to perform such activities.
When the director, in performing activities pursuant to this article determines action, not set forth in subsection (b), section three of this article, is necessary to prevent or remediate any adverse effects of the landfill he or she shall notify the permittee and make and enter an order directing the permittee to take corrective or remedial action. The order shall contain findings of fact upon which the director based his or her determination to make and enter such order. The director shall fix a time limit for the completion of such action.
The director or his or her duly authorized representatives have the right, upon presentation of proper identification, to enter upon any property for the purpose of conducting studies or exploratory work to determine the existence of adverse effects of a landfill, to determine the feasibility of the remediation or prevention of such adverse effects and to perform the activities set forth in sections three andtenfifteen of this article. Such entry is as an exercise of the police power of the state for the protection of public health, safety and general welfare and is not an act of condemnation of property or trespass thereon. Nothing contained in this section eliminates any obligation to follow any process that may be required by law.
The director has the authority, on behalf of the division ofnatural resourcesenvironmental protection, to accept for deposit in the closure cost assistance fund established in sectionseventwelve of this article, all gifts, grants, property, funds, security interest, money, materials, labor, supplies or services from the United States of America or from any governmental unit or any person, firm or corporation, and to carry out the terms or provisions of, or make agreements with respect to, or pledge, any gifts or grants, and to do any and all things necessary, useful, desirable or convenient in connection with the procuring, acceptance or disposition of gifts or grants.
(a) The director shall manage and control all projects, and may make and enter into all contracts or agreements necessary and incidental to the performance of the duties imposed under this article.
This article may be known and cited as the"West Virginia"Underground Storage Tank Act."
The Legislature recognizes that large quantities of petroleum and hazardous substances are stored in underground storage tanks within the state of West Virginia and that emergency situations involving these substances can and will arise which may present a hazard to human health, safety or the environment. The Legislature also recognizes that some of these substances have been stored in underground storage tanks in the state in a manner insufficient to protect human health, safety or the environment. The Legislature further recognizes that the federal government has enacted Subtitle I of the federal Resource Conservation and Recovery Act of 1976, as amended, which provides for a federal program to remove the threat and remedy the effects of releases from leaking underground storage tanks and authorizes federal assistance to respond to releases of petroleum from underground storage tanks. The Legislature declares that the state of West Virginia desires to produce revenue for matching the federal assistance provided under the federal act; to create a program to control the installation, operation and abandonment of underground storage tanks and to provide for corrective action to remedy releases of regulated substances from these tanks. Therefore, the Legislature hereby enacts the West Virginia underground storage tank act to create an underground storage tank program and to assume regulatory primacy for such federal programs in this state.
(a) "Change in status" means causing an underground storage tank to be no longer in use or a change in the reported uses, contents or ownership of an underground storage tank.
Thedepartment of natural resourcesdivision of environmental protection is hereby designated as the state underground storage tank program lead agency for purposes of Subtitle I and is hereby authorized to take all actions necessary or appropriate to secure to this state the benefits of said legislation. In carrying out the purposes of this article, the director is hereby authorized to cooperate with the United States environmental protection agency, other agencies of the federal government, agencies of this state or other states, and other interested persons in all matters relating to underground storage tank regulation.
(a) In addition to all other powers and duties prescribed in this article or otherwise by law, and unless otherwise specifically set forth in this article, the director shall perform any and all acts necessary to carry out the purposes and requirements of Subtitle I.as of the effective date of thisarticle.
(a) The director has overall responsibility for the promulgation of rulesand regulationsunder this article. In promulgating and revising such rulesand regulationsthe director shall comply with the provisions of chapter twenty-nine-a of this code. Such rulesand regulationsshall be no more stringent than the rules and regulations promulgated by the United States environmental protection agency pursuant to Subtitle I.
(a) Underground storage tank owners shall notify the director of any underground storage tank brought into use on or after the
(a) No person may operate any underground storage tank for the purpose of storing any regulated substance identified or listed under this article without registering with the director and paying a registration fee for such underground storage tank.
The director shall promulgate rules, as provided in section six of this article, containing requirements for maintaining evidence of financial responsibility as deemed necessary and desirable for taking reasonable corrective action and for compensating third parties for bodily injury and property damage caused by sudden and nonsudden accidental releases arising from operating an underground storage tank. Such means of financial responsibility may include, but not be limited to, insurance, guarantee, surety bond, letter of credit, proof of assets or qualification as a self-insurer. In promulgating rules under this section, the director is authorized to specify policy or other contractual terms, conditions or defenses which are necessary or are unacceptable in establishing such evidence of financial responsibility in order to effectuate the purposes of this article.
(a) The director shall promulgate performance standards for new underground storage tanks as provided in section six of this article. The performance standards for new underground storage tanks shall include, but not be limited to, design, construction, installation, release detection and compatibility standards.
(a) Any records, reports or information obtained from any persons under this article shall be available to the public, except that upon a showing satisfactory to the director by any person that records, reports or information, or a particular part thereof, to which the director or any officer, employee, or representative thereof has access under this section, if made public, would divulge information entitled to protection under section 1905 of title 18 of the United States Code, such information or particular portion thereofshall be consideredis confidential in accordance with the purposes of this section, except that such record, report, document or information may be disclosed to other officers, employees, or authorized representatives of this state implementing the provisions of this article.
(a) For the purposes of developing or assisting in the development of anyregulationrule, conducting any study, taking any corrective action or enforcing the provisions of this article, any owner or operator of an underground storage tank shall, upon request of the director, furnish information relating to such tanks, their associated equipment and contents, conduct reasonable monitoring or testing, permit the director or his or her authorized representative at all reasonable times to have access to, and to copy all records relating to such tanks and permit the director or his or her authorized representative to have access to the underground storage tank for corrective action.
(a) Prior to the effective date ofregulationsrules promulgated pursuant to subdivision (9) or (10), subsection (b), section six of this article, the director is authorized to:
(a) Whenever on the basis of any information, the director determines that any person is in violation of any requirement of this article, he or she may issue an order stating with reasonable specificity the nature of the violation and requiring compliance within a reasonable specified time period or the director may commence a civil action in the circuit court of the county in which the violation occurred or in the circuit court of Kanawha county for appropriate relief, including a temporary or permanent injunction. The director may, except as provided in subsection (b) of this section, stay any order he or she issues upon application, until the order is reviewed by thewaterresourcesenvironmental quality board.
(a) Any violator who fails to comply with an order of the director issued under subsection (a), section fifteen of this article within the time specified in the ordershall beis liable for a civil penalty of not more than twenty-five thousand dollars for each day of continued noncompliance.
Any adversely affected person may intervene in any civil or administrative proceeding under this article when such person claims an interest relating to the property or transaction which is the subject of the action and such person is so situated that the disposition of the action may as a practical matter impair or impede his or her ability to protect that interest.
(a) The grantor in any deed or other instrument of conveyance or any lessor in any lease or other instrument whereby any real property is let for a period of time shall disclose in such deed, lease or other instrument the fact that such property, or the substrata of such property whether or not the grantor or lessor is at time of such conveyance or lease the owner of such substrata, contains an underground storage tank. The provisions of this subsection only apply to those grantors or lessors who owned or had an interest in the real property when the same or the substrata thereof contained an underground storage tank which was being actively used for storing any regulated substance or who have actual knowledge or reason to believe that such real property or the substrata thereof contains an underground storage tank.
(a) The director shall collect annual registration fees from owners of underground storage tanks. The registration fee collected under this section shall not exceed twenty-five dollars per tank per year. All such registration fees and the net proceeds of all fines, penalties and forfeitures collected under this article including accrued interest shall be paid into the state treasury into a special fund designated "the underground storage tank administrative fund" to be used to defray the cost of administering this article in accordance withregulationsrules promulgated pursuant to section six of this article.
(a) Each underground petroleum storage tank owner within this state shall pay an annual fee, if assessed by the director, to establish a fund to assure adequate response to leaking underground petroleum storage tanks. The fees assessed pursuant to this section shall not exceed twenty-five dollars per tank per year. The proceeds of such assessment shall be paid into the state treasury into a special fund designated "the leaking underground storage tank response fund," which is hereby continued.
(a) The director may establish an underground storage tank insurance fund for the purpose of satisfying the financial responsibility requirements established pursuant to section ten of this article. In addition to the capitalization fee to be assessed against all owners or operators of underground storage tanks provided by subdivision (6), subsection (b), section six of this article, the director shall promulgate rulesand regulationsestablishing an annual financial responsibility assessment to be assessed on and paid by owners or operators of underground storage tanks who are unable to obtain insurance or otherwise meet the financial responsibility requirements established pursuant to section ten of this article. Such assessments shall be paid into the state treasury into a special fund designated "the underground storage tank insurance fund".
§22-17-23.
§ 22-18-1.
This article may be known and cited as the "Hazardous Waste Management Act."
(a) The Legislature finds that:
(1) Continuing technological progress and increases in the amount of manufacture and the abatement of air and water pollution have resulted in ever increasing quantities of hazardous wastes;
Unless the context in which used clearly requires a different meaning, as used in this article:
Thedepartment of natural resourcesdivision of environmental protection is hereby designated as the hazardous waste management lead agency for this state for purposes of Subtitle C of the Resource Conservation and Recovery Act, and is hereby authorized to take all action necessary or appropriate to secure to this state the benefits of said legislation. In carrying out the purposes of this article, the director is hereby authorized to cooperate with the federal environmental protection agency and other agencies of the federal government, this state and other states and other interested persons in all matters relating to hazardous waste management.
(a) In addition to all other powers and duties prescribed in this article or otherwise by law, and unless otherwise specifically set forth in this article, the director shall perform any and all acts necessary to carry out the purposes and requirements of Subtitle C of the Resource Conservation and Recovery Act.as of the effective date of this article.
(a) The director has overall responsibility for the promulgation of rulesand regulationsunder this article. The director shall promulgate the following rules,and regulationsin consultation with the department of health and human resources,the air pollution control commission,the office of emergency services, the public service commission, the state fire marshal, the department of public safety, the division of highways, the department of agriculture, and thewater resourcesenvironmental quality board.and the division of energy, offices of mines andminerals and oil and gasIn promulgating and revising such rules,and regulationsthe director shall comply with the provisions of chapter twenty-nine-a of this code, shall avoid duplication to the maximum extent practicable with the appropriate provisions of the acts and laws set out in subsection (b), section five of this article and shall be consistent with but no more expansive in coverage nor more stringent in effect than the rules and regulations promulgated by the federal environmental protection agency pursuant to the Resource Conservation and Recovery Act:
(a) The commissioner of the division of highways, in consultation with the director, and avoiding inconsistencies with and avoiding duplication to the maximum extent practicable with legislative rules required to be promulgated pursuant to this article by the director or any other rule-making authority, and in accordance with the provisions of chapter twenty-nine-a of this code, shall promulgate, as necessary, legislative rules governing the transportation of hazardous wastes by vehicle upon the roads and highways of this state. Such legislative rules shall be consistent with applicable rulesProvided, That such legislative rulesand regulationsissued by the federal department of transportation and consistent with this article:
(a) No person may own, construct, modify, operate or close any facility or site for the treatment, storage or disposal of hazardous waste identified or listed under this article, nor shall any person store, treat or dispose of any such hazardous waste without first obtaining a permit from theProvided, That in issuing the permits required by this subsection, thechiefdirector for such facility, site or activity and all other permits as required by law. Such permit shall be issued, after public notice and opportunity for public hearing, upon such reasonable terms and conditions as thechiefdirector may direct if the application, together with all supporting information and data and other evidence establishes that the construction, modification, operation or closure, as the case may be, of the hazardous waste facility, site or activity will not violate any provisions of this article or any of the rulesand regulationspromulgated by the director as required by this article:
(a) All permits issued after the date the state is delegated authority by the federal environmental protection agency to administer the portion of the federal hazardous waste program covered under the Hazardous and Solid Waste Amendments of 1984 shall contain conditions requiring corrective action for all releases of hazardous waste or constituents from any solid waste management unit at a treatment, storage or disposal facility seeking a permit under this article regardless of the time at which waste was placed in such unit. Permits issued under this article shall contain schedules of compliance for such corrective action (where such corrective action cannot be completed prior to issuance of the permit) and assurances of financial responsibility for completing such corrective action.
Before the issuing of a permit to any person with respect to any facility for the treatment, storage or disposal of hazardous waste under sections seven or eight of this article, thechiefdirector or other permit issuing authority shall:
Any person who owns or operates a facility required to have any permit under this article, which facilityProvided, That oniswas in existence on theeffective date of this articleninth day of July, one thousand nine hundred eighty-one, shall be treated as having been issued such permit until such time as final administrative disposition is made with respect to an application for such permit:
Information obtained by any agency under this article shall be available to the public unless thechiefdirector certifies such information to be confidential. Thechiefdirector may make such certification where any person shows, to the satisfaction of thechiefdirector, that the information or parts thereof, if made public, would divulge methods, processes or activities entitled to protection as trade secrets. Nothing in this section may be construed as limiting the disclosure of information by the division to any officer, employee or authorized representative of the state or federal government concerned with effecting the purposes of this article.
(a) Thechiefdirector or any authorized representative, employee or agent of the division, upon the presentation of proper credentials and at reasonable times, may enter any building, property, premises, place, vehicle or permitted facility where hazardous wastes are or have been generated, treated, stored, transported or disposed of for the purpose of making an investigation with reasonable promptness to ascertain the compliance by any person with the provisions of this article or the rulesand regulationspromulgated by the director or permits issued by thechiefdirector hereunder. Nothing contained in this section eliminates any obligation to follow any process that may be required by law.
(a) If thechiefdirector determines, upon receipt of any information, that (1) the presence of any hazardous waste at a facility or site at which hazardous waste is, or has been, stored, treated or disposed of, or (2) the release of any such waste from such facility or site may present a substantial hazard to human health or the environment, he or she may issue an order requiring the owner or operator of such facility or site to conduct such monitoring, testing, analysis and reporting with respect to such facility or site as thechiefdirector deems reasonable to ascertain the nature and extent of such hazard.
(a) If thechiefdirector, upon inspection, investigation or through other means observes, discovers or learns of a violation of the provisions of this article, any permit, order or rulesorregulationsissued or promulgated hereunder, he or she may:
(a)IfAny person who knowingly (1) transports any hazardous waste identified or listed under this article to a facility which does not have a permit required by this article, Section 3005 of the Federal Solid Waste Disposal Act, as amended, the laws of any other state which has an authorized hazardous waste program pursuant to Section 3006 of the federal Solid Waste Disposal Act, as amended, or Title I of the federal Marine Protection, Research and Sanctuaries Act; (2) treats, stores or disposes of any such hazardous waste either (A) without having obtained a permit required by this article, or by Title I of the federal Marine Protection, Research and Sanctuaries Act, or by Section 3005 or 3006 of the federal Solid Waste Disposal Act, as amended, or (B) in knowing violation of a material condition or requirement of such permit,he shall beis guilty of a felony, and, upon conviction thereof, shall be fined not to exceed fifty thousand dollars for each day of violation or confined in the penitentiary not less than one nor more than two years, or both such fine and imprisonment or, in the discretion of the court, be confined in jail not more than one year in addition to the above fine.
(a) (1) Any person who violates any provision of this article, any permit or any ruleProvided, That no combination of assessments against a violator under this section shall exceed twenty-five thousand dollars per day of each such violation: Provided, however, That any violation for which the violator has paid a civil administrative penalty assessed under this section shall not be the subject of a separate civil penalty action under this article to the extent of the amount of the civil administrative penalty paid. All administrative penalties shall be levied in accordance with rulesregulationor order issued pursuant to this articleshall beis subject to a civil administrative penalty, to be levied by the director, of not more than seventy-five hundred dollars for each day of such violation, not to exceed a maximum of twenty-two thousand five hundred dollars. In assessing any such penalty, the director shall take into account the seriousness of the violation and any good faith efforts to comply with applicable requirements as well as any other appropriate factors as may be established by the director by rulesand regulationspromulgated pursuant to this article and article three, chapter twenty-nine-a of this code. No assessment shall be levied pursuant to this subsection until after the alleged violator has been notified by certified mail or personal service. The notice shall include a reference to the section of the statute, rule,regulation,order or statement of permit conditions that was allegedly violated, a concise statement of the facts alleged to constitute the violation, a statement of the amount of the administrative penalty to be imposed and a statement of the alleged violator's right to an informal hearing. The alleged violatorshall havehas twenty calendar days from receipt of the notice within which to deliver to the director a written request for an informal hearing. If no hearing is requested, the noticeshall becomebecomes a final order after the expiration of the twenty-day period. If a hearing is requested, the director shall inform the alleged violator of the time and place of the hearing. The director may appoint an assessment officer to conduct the informal hearing and then make a written recommendation to the director concerning the assessment of a civil administrative penalty. Within thirty days following the informal hearing, the director shall issue and furnish to the violator a written decision, and the reasons therefor, concerning the assessment of a civil administrative penalty. Within thirty days after notification of the director's decision, the alleged violator may request a formal hearing before thewater resourcesenvironmental quality board in accordance with the provisions ofsection nineteen of thisarticle one, chapter twenty-two-b of this code. The authority to levy an administrative penaltyshall beis in addition to all other enforcement provisions of this article and the payment of any assessmentshalldoes notbe deemed toaffect the availability of any other enforcement provision in connection with the violation for which the assessment is levied:
(a) Notwithstanding any provision of this article to the contrary, thechiefdirector, upon receipt of information, or upon observation or discovery that the handling, storage, transportation, treatment or disposal of any hazardous waste may present an imminent and substantial endangerment to public health, safety or the environment, may:
(a) Any person may commence a civil action on his or her own behalf against any person who is alleged to be in violation of any provision of this article or any condition of a permit issued or rulesProvided, That such person may commence a civil action immediately upon notification in the case of an action under subsection (b) of this section. Such actions may be brought in the circuit court in the county in which the alleged violation occurs or in the circuit court of Kanawha county.and regulationspromulgated hereunder, except that no action may be commenced under this section prior to sixty days after the plaintiff has given notice to the appropriate enforcement, permit issuing or rule-making authority and to the person against whom the action will be commenced, or if the state has commenced and is diligently prosecuting a civil or criminal action pursuant to this article:
(a) The grantor in any deed or other instrument of conveyance or any lessor in any lease or other instrument whereby any real property is let for a period of time shall disclose in such deed, lease or other instrument the fact that such property or the subsurface of such property, (whether or not the grantor or lessor is at the time of such conveyance or lease the owner of such subsurface) was used for the storage, treatment or disposal of hazardous waste. The provisions of this subsectionshallonly apply to those grantors or lessors who owned or had an interest in the real property when the same or the subsurface thereof was used for the purpose of storage, treatment or disposal of hazardous waste or who have actual knowledge that such real property or the subsurface thereof was used for such purpose or purposes at any time prior thereto.
The net proceeds of all fines, penalties and forfeitures collected under this article shall be appropriated as directed by article XII, section 5 of the constitution of West Virginia. For the purposes of this section, the net proceeds of such fines, penalties and forfeitures shall be deemed the proceeds remaining after deducting therefrom those sums appropriated by the Legislature for defraying the cost of administering this article. All permit application fees collected under this article shall be paid into the state treasury into a special fund designated "The Hazardous Waste Management Fund." In making the appropriation for defraying the cost of administering this article, the Legislature shall first take into account the sums included in such special fund prior to deducting such additional sums as may be needed from the fines, penalties and forfeitures collected pursuant to this article.
The program for the management of hazardous waste pursuant to this article shall be equivalent to and consistent with the federal program established pursuant to Subtitle C of the federal Solid Waste Disposal Act, as amended.
(1) Financial responsibility required by subdivision (4), subsection (a), section six of this article may be established in accordance withregulationsrules promulgated by the director by any one, or any combination, of the following: Insurance, guarantee, surety bond, letter of credit or qualification as a self-insurer. In promulgating requirements under this section, the director is authorized to specify policy or other contractual terms, conditions or defenses which are necessary or are unacceptable in establishing such evidence of financial responsibility in order to effectuate the purposes of thisactarticle.
§ 22-19-1.
The Legislature recognizes that large quantities of hazardous waste are generated within the state, and that emergency situations involving hazardous waste can and will arise which may present a hazard to human health, safety or the environment. The Legislature also recognizes that some hazardous waste has been stored, treated or disposed of at sites in the state in a manner insufficient to protect human health, safety or the environment. The Legislature further recognizes that the federal government has enacted the Comprehensive Environmental Response, Compensation and Liability Act of 1980, which provides for federal assistance to respond to hazardous substance emergencies and to remove and remedy the threat of damage to the public health or welfare or to the environment, and declares that West Virginia desires to produce revenue for matching the federal assistance provided under the federal act. Therefore, the Legislature hereby creates a hazardous waste emergency fund to provide state funds for responding to hazardous waste emergencies, matching federal financial assistance for restoring hazardous waste sites and other costs or expenses incurred in the administration of this article.
As used in this article, unless the context clearly requires a different meaning:
(a)AThe special fund designated "The Hazardous Waste Emergency Response Fund," hereinafter referred to as "the fund," shall beestablishedcontinued in the state treasury.on thefirst day of July, one thousand nine hundred eighty-four.
(a) Each generator of hazardous waste within this state shall payProvided, That the generator fee assessmentaan annual fee based upon the amount of hazardous waste generated as reported to the directorin the generator's mostrecent annual reportby the generator on a fee assessment form prescribed by the director submitted pursuant to articlefive-eeighteen of this chapter. The director shall establish a fee schedule according to the following: Full assessment for generated hazardous waste disposed or treated off-site; ninety percent of the full assessment for generated hazardous waste either treated or disposed on-site; seventy-five percent of the full assessment for generated hazardous waste treated off-site so that such waste is rendered nonhazardous; and twenty-five percent of the full assessment for generated hazardous waste treated on-site so that such waste is rendered nonhazardous:
(a) The director shall collect all fees assessed pursuant to this article and administer the fund. The fee schedule shall be published in the state register by the first day of August of each year. Each generator who filedan annual report with thedirection pursuant to article five-e of this chapterthe fee assessment form prescribed by the director shall be notified and provided with a copy of the fee schedule by certified mail. In the event the fee schedule is not published by the first day of August, the date prescribed for payment in section four of this article shall be advanced by the same number of days that the publication of the fee schedule is delayed. The interest and surcharge provisions of section four of this article shall be similarly advanced.
No later than eighteen months after the effective date ofthis article,The director shall promulgate rulesorregulations,in compliance with chapter twenty-nine-a of this code, establishing a state hazardous waste contingency plan which shall set forth procedures and standards for responding to hazardous waste emergencies, for conducting remedial cleanup and maintenance of hazardous waste sites and for making expenditures from the fund after the date of promulgation of the plan. The plan shall include:
CHAPTER 22A. MINERS' HEALTH, SAFETY AND TRAINING.
Unless the context in which used clearly requires a different meaning, the following definitionsshallapply to this chapter:
(a) The director of the office of miners' health, safety and trainingshall beis responsible for surface and underground safety inspections of coal mines, the administration of the office of miners' health, safety and training and of such other matters as are delegated or assigned to the director by the secretary of the department of commerce, labor and environmental resources.
(a) There are herebytransferred tocontinued in the office of miners' health, safety and training the following offices:
The directorshall havehas the power and authority to propose or promulgate rulesand regulationsto organize the office and to carry out and implement the provisions of thisarticle and articles one-a, two, five and six of this chapter andchapter twenty-two of this codechapter relating to health and safety inspections and enforcement. All rulesand regulationsin effect on the effective date of this article which pertain to the provisions ofarticles one-a, two, five and six ofthis chapterand chapter twenty-two of this codeas they relate to health and safety inspection and enforcement shall remain in effect until changed or superseded by the director, or as appropriate. Except when specifically exempted by the provisions of this chapter,orchapter twenty-two of this codeall rules or changes thereto shall be proposed or promulgated by the director in accordance with the provisions of chapter twenty-nine-a of this code.
Notwithstanding any other provisions of law, mine inspectors shall be selected, serve and be removed as in this article provided.
Thedivisionoffice shall employ eleven or more mine safety instructors. To be eligible for employment as a mine safety instructor, the applicant shall be (1) a citizen of West Virginia, in good health, not less than twenty-five years of age, and of good character, reputation and temperate habits, and (2) a person who has had at least five years' experience in first aid and mine rescue work and who has had practical experience with dangerous gases found in coal mines, and who has a practical knowledge of mines, mining methods, mine ventilation, sound safety practices and applicable mining laws.
Notwithstanding any other provisions of law, if a vacancy occurs in any appointive position within thedivisionoffice, any mine inspector having permanent tenure, if qualified, may be appointed to such appointive position by thecommissionerdirector.
Thedivisionoffice shall employ five or more electrical inspectors. To be eligible for employment as an electrical inspector, the applicant shall be: (1) A citizen and resident of West Virginia, in good health, not less than twenty-five years of age, and of good character, reputation and of temperate habits; and (2) a person who has had seven years' practical electrical experience in coal mines, or a degree in electrical engineering from an accredited electrical engineering school and one year's practical experience in underground coal mining.
(a) No personProvided, That graduation from any accredited college of mining engineering shall be considered the equivalent of two years' practical experience; (3) has had practical experience with dangerous gases found in coal mines; and (4) has a good theoretical and practical knowledge of mines, mining methods, mine ventilation, sound safety practices and applicable mining laws.shall beis eligible for appointment as a mine inspector unless, at the time of his or her probationary appointment, he or she (1) is a citizen of West Virginia, in good health, not less than twenty-four years of age, and of good character, reputation and temperate habits; (2) has had at least six years' practical experience in coal mines, at least three years of which, immediately preceding his or her original appointment, shall have been in mines of this state:
In order to qualify for an appointment as a surface mine inspector, under the provisions of this article, an eligible applicant shall have had at least five years' practical experience in surface mines, at least one year of which, immediately preceding his or her original appointment, shall have been in surface mines in this state, and submit to a written and oral examination given by the mine inspectors' examining board. The examination shall relate to the duties to be performed by a surface mine inspector and may, subject to the approval of the mine inspectors' examining board, be prepared by the director.
Thecommissioner,director, or his or her authorized representative,shall havehas authority to visit, enter, and examine any mine, whether underground or on the surface, and may call for the assistance of any district mine inspector or inspectors whenever such assistance is necessary in the examination of any mine. The operator of every coal mine shall furnish thecommissionerdirector or his or her authorized representative proper facilities for entering such mine and making examination or obtaining information.
(a) If, upon any inspection of a coal mine, an authorized representative of thecommissionerdirector finds that an imminent danger exists, such representative shall determine the area throughout which such danger exists, and thereupon shall issue forthwith an order requiring the operator of the mine orhisthe operator's agent to cause immediately all persons, except those referred to in subdivisions (1), (2), (3) and (4), subsection (c) of this section, to be withdrawn from and to be prohibited from entering such area until an authorized representative of thecommissionerdirector determines that such imminent danger no longer exists.
In order that the electrical inspector may properly perform the duties required of him or her, he or she shall devote his or her whole time and attention to the duties ofhisthe office, andhe shall havethe inspector has the right to enter any coal mine for the purpose of inspecting electrical equipment, and if he or she finds duringhisan inspection any defects in the electrical equipment which are covered by law and may be detrimental to the lives or health of the workmen,he shall havethe inspector has the authority to order the operator, in writing, to remedy such defects within a prescribed time, and to prohibit the continued operation of such electrical equipment after such time, unless such defects have been corrected.
(a) (1) An operator, issued an order pursuant to the provisions of sectionthirteenfifteen of this article, or any representative of miners in any mine affected by such order or by any modification or termination of such order, may apply to thecommissionerdirector for review of the order within thirty days of receipt thereof or within thirty days of its modification or termination. An operator, issued a notice pursuant to subsection (b), sectionthirteenfifteen of this article, or any representative of miners in any mine affected by such notice, may, ifhethe operator believes that the period of the time fixed in such notice for the abatement of the violation is unreasonable, apply to thecommissionerdirector for review of the notice within thirty days of the receipt thereof. The applicant shall send a copy of such application to the representative of miners in the affected mine, or the operator, as appropriate. Upon receipt of such application, thecommissionerdirector shall cause such investigation to be made ashethe director deems appropriate. Such investigation shall provide an opportunity for a public hearing, at the request of the operator or the representative of miners in such mine, to enable the operator and the representative of miners in such mine to present information relating to the issuance and continuance of such order or the modification or termination thereof or to the time fixed in such notice. The filing of an application for review under this lawshalldoes not operate as a stay of any order or notice.
(a) At each coal mine there shall be maintained an office with a conspicuous sign designating it as the office of the mine, and a bulletin board at such office or at some conspicuous place near an entrance of the mine, in such manner that notices, orders and decisions required by this law orregulationrule to be posted on the mine bulletin board may be posted thereon, be easily visible to all persons desiring to read them, and be protected against damage by weather and against unauthorized removal. A copy of any notice, order or decision required by this law to be given to an operator shall be delivered to the office of the affected mine, and a copy shall be immediately posted on the bulletin board of such mine by the operator orhisthe operator's agent.
(a) Any order or decision issued by thecommissionerdirector under this law, except an order or decision under sectionthirteenfifteen of this articleshall beis subject to judicial review by the circuit court of the county in which the mine affected is located or the circuit court of Kanawha County upon the filing in such court or with the judge thereof in vacation of a petition by any person aggrieved by the order or decision praying that the order or decision be modified or set aside, in whole or in part, except that the court shall not consider such petition unless such person has exhausted the administrative remedies available under this law and files within thirty days from date of such order or decision.
Thecommissionerdirector may institute a civil action for relief, including a permanent or temporary injunction, restraining order, or any other appropriate order in the circuit court of the county in which the mine is located or the circuit court of Kanawha County, whenever the operator orhisthe operator's agent (a) violates or fails or refuses to comply with any order or decision issued under this law, or (b) interferes with, hinders or delays the director or his or her authorized representative in carrying out the provisions of this law, or (c) refuses to admit such representatives to the mine, or (d) refuses to permit the inspection of the mine, or the investigation of an accident or occupational disease occurring in, or connected with, such mine, or (e) refuses to furnish any information or report requested by the director in furtherance of the provisions of this law, or (f) refuses to permit access to, and copying of, such records as the director determines necessary in carrying out the provisions of this law. Each court shall have jurisdiction to provide such relief as may be appropriate. Except as otherwise provided herein, any relief granted by the court to enforce an order under clause (a) of this section shall continue in effect until the completion or final termination of all proceedings for review of such order under this law, unless, prior thereto, the circuit court granting such relief sets it aside or modifies it. In any action instituted under this section to enforce an order or decision issued by thecommissionerdirector after a public hearing, the findings of thecommissionerdirector, if supported by substantial evidence on the record considered as a whole, shall be conclusive.
§ 22A-1-21.
(a) (1) Any operator of a coal mine in which a violation occurs of any health or safety ruleProvided, That any revisions to such rules after this date shall be promulgated as in the case of legislative rules in accordance with the provisions of chapter twenty-nine-a of this code.or regulationor who violates any other provisions of this law shall be assessed a civil penalty by the director under subdivision (3) of this subsection, which penalty shall be not more than three thousand dollars, for each such violation. Each such violation shall constitute a separate offense. In determining the amount of the penalty, the director shall consider the operator's history of previous violations, the appropriateness of such penalty to the size of the business of the operator charged, the gravity of the violation and the demonstrated good faith of the operator charged in attempting to achieve rapid compliance after notification of a violation. Not later than the thirtieth day of June, one thousand nine hundred ninety-three, the director shall promulgate as a rule the procedure for assessing such civil penalties in effect as of the fifteenth day of January, one thousand nine hundred ninety-three, without regard to the provisions of chapter twenty-nine-a of this code:
(a) No person shall discharge or in any other way discriminate against or cause to be discharged or discriminated against any miner or any authorized representative of miners by reason of the fact thathethe person believes or knows that such miner or representative (1) has notified thecommissionerdirector, his or her authorized representative, or an operator, directly or indirectly, of any alleged violation or danger, (2) has filed, instituted or caused to be filed or instituted any proceeding under this law, (3) has testified or is about to testify in any proceeding resulting from the administration or enforcement of the provisions of this law. No miner or representative shall be discharged or in any other way discriminated against or caused to be discriminated against because a miner or representative has done (1), (2) or (3) above.
In addition to such records as are specifically required by this law, every operator of a coal mine shall establish and maintain such records, make such reports, and provide such information, as thecommissionerdirector may reasonably require from time to time to enablehimthe director to perform his or her functions under this law. The director is authorized to compile, analyze, and publish, either in summary or detailed form, such reports or information so obtained. Except to the extent otherwise specifically provided by this law, all records, information, reports, findings, notices, orders, or decisions required or issued pursuant to or under this law may be published from time to time, may be released to any interested person and shall be made available for public inspection.
Thecommissionerdirector shall appoint a mine foreman examiner to examine and certify mine foremen-fire bosses, assistant mine foremen-fire bosses and mine examiners or fire bosses. Such mine foremen examiners shall be paid a minimum salary of thirty-one thousand thirty-two dollars per year.
The duties of the mine foreman examinershall beare to:
The director shall determine the location where the mine foreman examiner shall meet for the purpose of holding examinations, and at least two weeks' notice of the time and place where the examinations are to be held shall be given.
The mine foreman examiner shall, with the approval of the director, prepare, and from time to time, modify examinations to be administered applicants for certification as mine foremen and fire bosses.
Certificates of qualification of service heretofore granted shall have equal value with certificates of qualifications granted under this law.
The mine foreman examiner shall certify to the director, on a form furnished byhimthe director, every person whose examination shall disclosehisthe person's fitness for the duties of mine foreman, assistant mine foreman, and fire boss, as above classified, and the director shall prepare certificates of qualification for the successful applicants and send them to the mine foreman examiner for distribution.
The mine foreman examiner shall send to the director the answers and all other papers of the applicants, together with the tally sheets and a list of the questions and answers as prepared by the mine foreman examiner which shall be filed in thedivisionoffice as public documents.
(a)Charge of breach of duty. -- A mine inspector or the director
Any person whose license, certificate or similar authority to perform any supervisory or fire boss duties in another state has been suspended or revoked by that state cannot be certified under any provision of this chapter during the period of such suspension or revocation in the other state.
The director is hereby authorized to purchase, equip and operate for the use of saiddivisionoffice such mine rescue stations and equipment as he or she may deem necessary.
The director is hereby authorized to have trained and employed at the rescue stations, operated by thedivisionoffice within the state, such rescue crews as he or she may deem necessary. Each member of a rescue crew shall devote four hours each month for training purposes and shall be available at all times to assist in rescue work at explosions and mine fires. Regular members shall receive for such services the sum of thirty-two dollars per month, and captains shall receive thirty-five dollars per month, payable on requisition approved by the director. The director may remove any member of a rescue crew at any time.
(a) Itshall beis the responsibility of the operator to provide mine rescue coverage at each active underground mine.
(a) Thecommissionerdirector, in consultation with the state board of coal mine health and safety, shall promulgate rulesandregulationsin accordance with chapter twenty-nine-a of this code, detailing the requirements for mine safety programs to be established by coal operators, as provided in subsection (b) of this section. Theregulationsrules may require different types of safety programs to be developed, depending upon the output of the particular mine, the number of employees of the particular mine, the location of the particular mine, the physical features of the particular mine or any other factor deemed relevant by thecommissionerdirector.
(a) In every surface mine, regulated under the provisions of article three or four, chapter twenty-two of this code, where five or more persons are employed in a period of twenty-four hours, the operator shall employ at least one person certified in accordance with the provisions of articlenine,seven of this chaptertwenty-two of this codeas a mine foreman. Each applicant for certification as a mine foreman shall, at the timehe is issuedof issuance of a certificate of competency: (1) Be a resident or employed in a mine in this state; (2) have had at least three years' experience in surface mining, which shall include at least eighteen months' experience on or at a working section of a surface mine, or be a graduate of the school of mines at West Virginia University or of another accredited mining engineering school and have had at least two years' practical experience in a surface mine, which shall include at least eighteen months' experience on or at a working section of a surface mine; and (3) have demonstratedhisknowledge of mine safety, first aid, safety appliances, emergency procedures relative to all equipment, state and federal mining laws and regulations and other subjects, by completing such training, education and examinations as may be requiredof himunder articlenine,seven of this chapter.twenty-two of this code
All provisions ofthe mining laws of this statethis chapter intended to safeguard life and property shall extend to all surface-mining operations, regulated under articles three and four, chapter twenty-two of this code, insofar as such laws are applicable thereto. Thecommissionerdirector shall promulgate reasonableregulationsrules in accordance with the provisions of chapter twenty-nine-a of this code to protect the safety of those employed in and around surface mines. The enforcement of all laws andregulationsrules relating to the safety of those employed in and around surface mines is hereby vested in thedivision of mines and mineralsdirector and shall be enforced according to the provisions of this chapter.twenty-two-a of thiscode
The mapping of all coal mines shall be supervised by a competent engineer or land surveyor. The work of such engineer or land surveyor shall be supervised by either a civil engineer or a mining engineer certified by the board of registration for professional engineers, which exists by authority of sectionthreefour, article thirteen, chapter thirty of this code, or a licensed land surveyor approved by the board of examiners of land surveyors as provided by section three, article thirteen-a of said chapter thirty. To each map supervised by the engineer or land surveyor there shall be affixed thereto the seal of a certified or professional engineer or licensed land surveyor, which shall be identical to the design authorized by the board of registration for professional engineers, as provided in sectionninesixteen, article thirteen of said chapter thirty or board of examiners of land surveyors as provided by section eleven, article thirteen-a of said chapter thirty. Every map certified shall have the professional engineer's or land surveyor's signature and certificate, in addition to his or her seal, in the following form:
VENTILATION
Every operator of a coal mine, before making any new or additional openings, shall submit to the director, for his or her information and approval, a general plan showing the proposed system of ventilation and ventilating equipment of the openings, with their location and relative positions to adjacent developments; no such new or additional openings shall be made until approved by the director., in consultation with the deputydirectors of permitting and safety, health and trainingThe operator shall deliver to the miners' representative employed by the operator at the mine a copy of the operator's proposed annual ventilation plan at least ten days prior to the date of submission. The miners' representative shall be afforded the opportunity to submit written comments to the operator prior to such submission; in addition the miners' representative may submit written comments to the director. The director shall promptly approve any such plans submitted, if the proposed system of ventilation and ventilating equipment meet the requirements of this article.
(a) The ventilation of mines, the systems for which extend for more than two hundred feet underground and which are opened after the effective date of this article, shall be produced by a mechanically operated fan or mechanically operated fans. Ventilation by means of a furnace is prohibited in any mine. The fan or fans shall be kept in continuous operation, unless written permission to do otherwise be granted by the director. In case of interruption to a ventilating fan or its machinery whereby the ventilation of the mine is interrupted, immediate action shall be taken by the mine operator orhisthe operator's management personnel, in all mines, to cut off the power and withdraw the men from the face regions or other areas of the mine affected. If ventilation is restored in fifteen minutes, the face regions and other places in the affected areas where gas (methane) is likely to accumulate, shall be reexamined by a certified person; and if found free of explosive gas, power may be restored and work resumed. If ventilation is not restored in fifteen minutes, all underground employees shall be removed from the mine, all power shall be cut off in a timely manner, and the underground employees shall not return until ventilation is restored and the mine examined by certified persons, mine examiners or other persons holding a certificate to make preshift examination.
MINE FOREMAN
(a) In every underground mine where five or more persons are employed in a period of twenty-four hours, the operator shall employ at least one person certified in accordance with the provisions of articlenine,seven of this, chaptertwenty-two ofthis codeas a mine foreman-fire boss. Each applicant for certification as a mine foreman-fire boss shall, at the time he or she is issued a certificate of competency: (1) Be a resident or employed in a mine in this state; (2) have had at least five years' experience in the underground working, ventilation and drainage of a coal mine, which shall include at least eighteen months' experience on or at a working section of an underground mine or be a graduate of the school of mines at West Virginia University or of another accredited mining engineering school or be a graduate of an accredited engineering school with a bachelor's degree in mining engineering technology, electrical, mechanical or civil engineering; and have had at least two years' practical experience in an underground mine, which shall include at least eighteen months' experience on or at a working section of an underground mine; or be a graduate of an accredited college or university with an associate degree in mining, electrical, mining engineering technology, mechanical engineering or civil engineering and have had at least four years' practical experience in an underground mine, which shall include at least eighteen months' experience on or at a working section of an underground mine; and (3) have demonstrated his or her knowledge of dangerous mine gases and their detection, mine safety, first aid, safety appliances, state and federal mining laws and regulations and other subjects by completing such training, education and examinations as may be required of him or her under articlenine,seven of this chapter.twenty-two of this code.
Thedivisionoffice of miners' health, safety and training shall prescribe and establish a course of instruction in mine safety and particularly in dangers incident to such employment in mines and in mining laws and rules, which course of instruction shall be successfully completed within twelve weeks after any personshall beis first employed as a miner. Itshallis furtherbethe duty and responsibility of thedivisionoffice of miners' health, safety and training to see that such courseshallbeis given to all persons as above provided after their first being employed in any mine in this state.
Notwithstanding any other provision in this article contained, any person who holds a certificate issued by thedivisionoffice of miners' health, safety and training certifying his or her competency to act as fire boss may perform the duties of a fire boss and any other duties, statutory or otherwise, for which he or she is qualified, in the same mine or section and on the same day or shift.
ROOF--FACE--RIBS
(a) Each operator shall undertake to carry out on a continuing basis a program to improve the roof control system of each coal mine and the means and measures to accomplish such system. The roof and ribs of all active underground roadways, travelways and working places shall be supported or otherwise controlled adequately to protect persons from falls of the roof or ribs. A roof control plan and revisions thereof suitable to the roof conditions and mining systems of each coal mine and approved by the director, in consultation with the deputydirectors of permitting and safety, health and training,shall be adopted and set out in printed form before new operations. The safety committee of the miners of each mine where such committee exists shall be afforded the opportunity to review and submit comments and recommendations to the director and operator concerning the development, modification or revision of such roof control plans. The plan shall show the type of support and spacing approved by the director. Such plan shall be reviewed periodically, at least every six months by the director, taking into consideration any falls of roof or rib or inadequacy of support of roof or ribs. A copy of the plan shall be furnished to the director or his or her authorized representative and shall be available to the miners and their representatives.
(a) Only a certified "shot firer" designated by mine management shall be permitted to handle explosives and do blasting. Only electric detonators of proper strength fired with permissible shot firing units shall be used except under special permits as hereinafter provided, and drillholes shall be stemmed with at least twenty-four inches of incombustible material, or at least one half of the length of the hole shall be stemmed if the hole is less than four feet in depth, unless other permissible stemming devices or methods are used. Drillholes shall not be drilled beyond the limits of the cut, and as far as practicable, cuttings and dust shall be cleaned from the holes before the charge is inserted. Charges of explosives exceeding one and one-half pounds, but not exceeding three pounds, shall be used only if drillholes are six feet or more in depth. Ample warning shall be given before shots are fired, and care shall be taken to determine that all persons are in the clear before firing. Miners shall be removed from adjoining places and other places when there is danger of shots blowing through. No shots shall be fired in any place known to liberate explosive gas, until such place has been properly examined by a competent person who is designated by mine management for that purpose, and no shots shall be fired in any place where gas is detected with a permissible flame safety lamp until such gas has been removed by means of ventilation. After firing any shot, or shots, the person firing the same shall not return to the working face until the smoke has been cleared away and then he shall make a careful examination of the working face before leaving the place or before performing any other work in the place.
HOISTING
(a) The operator of every coal mine worked by shaft shall provide and maintain a metal tube, telephone or other approved means of communication from the top to the bottom and intermediate landings of such shafts, suitably adapted to the free passage of sound, through which conversation may be held between persons at the top and at the bottom of the shaft; a standard means of signaling; an approved safety catch, bridle chains, automatic stopping device, or automatic overwind; a sufficient cover overhead on every cage used for lowering or hoisting persons; an approved safety gate at the top of the shaft; and an adequate brake on the drum of every machine used to lower or hoist persons in such shaft. Such operator shall have the machinery used for lowering and hoisting persons into or out of the mine kept in safe condition, equipped with a reliable indicator, and inspected once in each twenty-four hours by a qualified electrician. Where a hoisting engineer is required, he or she shall be readily available at all times when men are in the mine. He or she shall operate the empty cage up and down the shaft at least one round trip at the beginning of each shift, and after the hoist has been idle for one hour or more before hoisting or lowering men; there shall be cut out around the side of the hoisting shaft or driven through the solid strata at the bottom thereof, a traveling way, not less than five feet high and three feet wide to enable a person to pass the shaft in going from one side of it to the other without passing over or under the cage or other hoisting apparatus. Positive stop blocks or derails shall be placed near the top and at all intermediate landings of slopes and surface inclines and at approaches to all shaft landings. A waiting station with sufficient room, ample clearance from moving equipment, and adequate seating facilities shall be provided where men are required to wait for man trips or man cages, and the miners shall remain in such station until the man trip or man cage is available.
(1) Surface installations generally -- Surface installations, all general mine structures, enclosures and other facilities, including custom coal preparation facilities shall be maintained in good condition. In unusually dusty locations, electric motors, switches and controls shall be of dust-tight construction, or enclosed with reasonable dust-tight housings or enclosures. Openings in surface installations through which men or material may fall shall be protected by railings, barriers, covers or other protective devices. Illumination sufficient to provide safe working conditions shall be provided in and on all surface structures, paths, walkways, switch panels, loading and dumping sites, working areas and parking areas. Materials shall be stored and/or stacked in a manner to prevent stumbling or falling. Compressed and liquid gas cylinders shall be secured in a safe manner. Adequate ventilation shall be provided in tipples and preparation plants. Coal dust in or around tipples or cleaning plants shall not be permitted to exist or accumulate in dangerous amounts.
(a) It shall be the duty of the operator, mine foreman, supervisors, mine examiners, and other officials to comply with and to see that others comply with the provisions of this article.
(a) After the first day of July, one thousand nine hundred seventy-one, no mine shall be opened or reopened unless prior approval has been obtained from the director of theProvided, That mines producing coal solely for the operator's use shall be issued a permit without charge if coal production will be less than fifty tons a year.divisionoffice of miners' health, safety and training, which approval shall not be unreasonably withheld. The operator shall pay for such approval a fee of ten dollars, which payment shall be tendered with the application for such approval:
Whenever, by reason of any explosion or other accident in or about any coal mine or the machinery connected therewith, loss of life, or serious personal injuryshall occuroccurs, itshall beis the duty of the superintendent of the mine, and in his or her absence, the mine foreman in charge of the mine, to give immediate notice to the director and the inspector of the district, stating the particulars of such accident. If anyone is killed, the inspector shall immediately go to the scene of such accident and make such recommendations and render such assistance as he or she may deem necessary for the future safety of the men, and investigate the cause of such explosion or accident and make a record thereof which he or she shall preserve with the other records in his or her office, the cost of such records to be paid by thedivisionoffice of miners' health, safety and training, and a copy shall be furnished to the operator and other interested parties. To enable him or her to make such investigation, heshall haveor she has the power to compel the attendance of witnesses and to administer oaths or affirmations. The directorshall havehas the right to appear and testify and to offer any testimony that may be relevant to the questions and to cross-examine witnesses.
Following a mine accident resulting in the death of one or more persons and following any mine disaster, the evidence surrounding such occurrence shall not be disturbed after recovery of bodies or injured persons until an investigation by thedivisionoffice of miners' health, safety and training has been completed.
(a)When mine examiner to be employed; qualifications. -- During the sinking of a shaft or the driving of a slope to a coal bed or while engaged in underground construction work, or relating thereto, the operator shall assign a mine examiner to such project areas. Such mine examiner shall have a certificate of competency valid only for the type of work stipulated thereon and issued to him or her by the
(a) The Legislature finds that new methods of extracting coal known as long wall or short wall mining is being used in this state. The board of coal mine health and safety shall investigate or cause to be investigated the technology, procedures and techniques used in such mining methods and shall promulgate by the first day of January, one thousand nine hundred eighty-one, and continuously update the same, rulesandregulationsgoverning long wall and short wall mining, which rulesand regulationsshall have as their paramount objective, the health and safety of the persons involved in such operations, and which saidregulationsrules shall include, but not be limited to, the certification of personnel involved in such operation.
The board of coal mine health and safety shall investigate or cause to be investigated the technology, procedures and techniques used in the construction of shafts, slopes, surface facilities, and the safety hazards, attendant therewith, and shall promulgate rulesand regulationsgoverning the construction of shafts and slopes; and shall promulgate by the first day of January, one thousand nine hundred eighty-one, rulesandregulationsgoverning the construction of surface facilities.
Each operator shall maintain the concentration of respirable dust in the mine atmosphere during each shift to which miners in active workings of such mine are exposed below such level as the board may establish. The board may promulgate rulesandregulationsgoverning respirable dust, including, but not limited to, dust standards, sampling procedures, sampling devices, equipment and sample analysis by using the data gathered by the federal mine safety and health administration and, or the federal bureau of mines.
(a) Before a coal operator conducts underground mining operations within five hundred feet of any well, including the driving of an entry or passageway, or the removal of coal or other material, the coal operator shall file with thedivision ofmines and mineralsoffice of miners' health, safety and training and forward to the well operator by certified mail, return receipt requested, its mining maps and plans (which it is required to prepare, file and update to and with the regulatory authority) for the area within five hundred feet of the well, together with a notice, on a form furnished by the director, informing them that the mining maps and plans are being filed or mailed pursuant to the requirements of this section.
No person, without first giving to thecommissionerdirector ten days' written notice thereof, shall reopen for any purposes any old or abandoned mine wherein water or mine seepage has collected or become impounded or exists in such manner or quantity that upon the opening of such mine, such water or seepage may drain into any stream or watercourse.
On or before the end of each calendar month, the operator of eachcoalmine, regulated under the provisions of this chapter or article three or four, chapter twenty-two of this code, shall file with the director a report with respect thereto covering the next preceding calendar month which shall reflect the number of accidents which have occurred at each such mine, the number of persons employed, the days worked and the actual raw tonnage mined. Such report shall be made upon forms furnished by the director. Other provisions of this section to the contrary notwithstanding, no such report shall be required with respect to any mine on approved inactive status if no employees were present at such mine at any time during the next preceding calendar month.
Whenever permits are issued by thedepartment of energyoffice of miners' health, safety and training, frequent examinations shall be made by the mine inspector during the tenure of the permit to determine that the requirements and limitations of the permit are complied with.
§ 22A-3-1.
In this article the term "mine" includes the shafts, slopes, drifts or inclines connected with excavations penetrating clay seams or strata, which excavations are ventilated by one general air current or division thereof, and the surface structures or equipment connected therewith which contribute directly or indirectly to the underground mining of clay.
In every underground clay mine where five or more persons are employed in a period of twenty-four hours, the operator shall employ a mine foreman who shall be a competent and practical person holding a certificate of competence for said position issued to him or her by thedivision of mines and mineralsoffice of miners' health, safety and training after an examination by suchdivisionoffice. In order to receive a certificate of competence qualifying a foreman in an underground clay mine, the applicant shall take an examination prescribed by the director of thedivision of mines and mineralsoffice of miners' health, safety and training, be a citizen of this state, of good moral character and temperate habits, having had at least three years' experience in the underground working of clay mines.
Thecommissionerdirector of the office of miners' health, safety and training may from time to time promulgate reasonable rulesand regulationsfor the protection of the health and safety of the persons working in or about underground clay mines, to the extent the same are not more onerous or restrictive than the laws of this state intended to safeguard the life and health of persons working in underground coal mines contained in article two of this chapter.
§ 22A-4-1.
Unless the context in which used clearly requires a different meaning as used in this article:
All provisions of the mining laws of this state intended for the protection of the health and safety of persons employed within or at any coal mine and for the protection of any coal mining propertyshallextend to all open-pit mines and any property used in connection therewith for the mining of underground limestone and sandstone mines, insofar as such laws are applicable thereto.
Thecommissioner of the department of energydirector of the office of miners' health, safety and training shall promulgate reasonable rules,and regulationsin accordance with and confined to the provisions of chapter twenty-nine-a of this code, for the effective administration of this article.
The operator of such mine shall, on or before the end of each calendar month, file with the director of thedivision of minesand mineralsoffice of miners' health, safety and training a report covering the preceding calendar month on forms furnished by the director. Such reports shall state the number of accidents which have occurred, the number of persons employed, the days worked and the actual tonnage mined.
The director of thedivision of mines and mineralsoffice of miners' health, safety and training shall divide the state into not more than two mining districts and assign one inspector to each district. Such inspector shall be a citizen of West Virginia, in good health, of good character and reputation, temperate in habits, having a minimum of five years of practical experience in such mining operations and who at the time ofhisappointment is not more than fifty-five years of age. To qualify for appointment as such an inspector, an eligible applicant shall submit to a written and oral examination by the mine inspectors' examining board and furnish such evidence of good health, character and other facts establishing eligibility as the board may require. If the board finds after investigation and examination that an applicant: (1) Is eligible for appointment and (2) has passed all written and oral examinations, with a grade of at least ninety percent, the board shall add such applicant's name and grade to the register of qualified eligible candidates and certify its action to the director of thedivisionof mines and mineralsoffice of miners' health, safety and training. No candidate's name shall remain in the register for more than three years without requalifying.
Any person who fails or refuses to discharge any provision of this article, ruleand regulationpromulgated or order issued pursuant to the provisions of this article,shall beis guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not less than one hundred nor more than one thousand dollars or by imprisonment not exceeding six months, or by both.
There is hereby continued a board of appeals, consisting of three members. Two members of the board shall be appointed by the governor, one person who by reason of previous training and experience may reasonably be said to represent the viewpoint of miners, and one person who by reason of previous training and experience may reasonably be said to represent the viewpoint of the operators. The third person, whoshall be chairmanis chair of the board and who must not have had any connection at any time with the coal industry or an organization representing miners,shall beis selected by the two members appointed by the governor. The term of office of members of the boardshall beis five years.
§ 22A-5-2.
(a) There are hereby transferred to the board of appeals all functions of the director of the office of miners' health, safety and training relating to the review of orders and notices as set forth in sectionfifteenseventeen, articleone-a,one of this chapter.twenty-two-a
(a) The Legislature hereby finds and declares that:
Unless the context in which a word or phrase appears clearly requires a different meaning, the words and phrases defined in sectiononetwo, articleone-aone of this chaptertwenty-two-aof this code shallhave, when used in this article, the meaning therein assigned to them. For the purpose of this article "board" means the board of coal mine health and safety continued by section three of this article.
(a) The board of coal mine health and safety, heretofore established, is continued as provided by this article. The boardshall consistconsists of seven members whoshall beare residents of this state, and whoshall beare appointed as hereinafter specified in this section:
(a)At the organizational meeting of the board required bysubsection (c), section three of this article,The board shall adopt as standard rulesand regulationsthe "coal mine health and safety provisions of this chapter."twenty-two-a of this codeSuch standard rulesand regulationsand any other rulesandregulationsshall be adopted by the board without regard to the provisions of chapter twenty-nine-a of this code. The board of coal mine health and safety shall devote its time toward promulgating rulesand regulationsin those areas specifically directed by this chaptertwenty-two-a of this codeand those necessary to prevent fatal accidents and injuries.
(a) Prior to the posting of proposed rulesand regulationsas provided for in subsection (c), section four of this article, the board shall observe the preliminary procedure for the development of rulesand regulationsset forth in this section:
(a) The governor shall appoint the health and safety administrator of the board for a term of employment of one year. The health and safety administrator shall be entitled to have his or her contract of employment renewed on an annual basis except where such renewal is denied for cause:Provided, That the governor
The standard rulesand regulationsand any rulesandregulationspromulgated by the boardshallhave the same force and effect of law as if enacted by the Legislature as a part of article two of this chaptertwenty-two-a of this codeand any violation of any such ruleand regulation shall be deemed to beis a violation of law or of a health or safety standard within the meaning of this chapter.
Prior to each regular session of the Legislature, the board shall submit to the Legislature an annual report upon the subject matter of this article, the progress concerning the achievement of its purpose and any other relevant information, including any recommendations it deems appropriate.
Each member of the board not otherwise employed by the state shall receive one hundred ten dollars per diem while actually engaged in the performance of the duties of the board. Each member shall be reimbursed for all reasonable and necessary expenses actually incurred during the performance of his or her duties, except that in the event the expenses are paid by a third party, the member shall not be reimbursed by the state. Each member shall receive meals, lodging and mileage expense reimbursements at the rates established byrule and regulation ofthe commissioner of the department of finance and administrationfor in-state travel of public employeesthe governor's travel rules, as administered by the department of administration. The reimbursement shall be paid out of the state treasury upon a requisition upon the state auditor, properly certified by thecommissioner of the department of energyoffice of miners' health, safety and training. No employer shall prohibit a member of the board from exercising leave of absence from his or her place of employment in order to attend a meeting of the board or a meeting of a subcommittee of the board, or to prepare for a meeting of the board, any contract of employment to the contrary notwithstanding.
§ 22A-7-1.
This article shall be cited as "The West Virginia Miner Training, Education and Certification Act."
The Legislature hereby finds and declares that:
Unless the context in which a word or phrase appears clearly requires a different meaning, the words defined in sectiononetwo, articleone-aone of this chaptertwenty-two-a of this codeshallhave when used in this article the meaning therein assigned to them. These words include, but are not limited to, the following:division, director of the division of mines andmineralsoffice, director, mine inspector, operator, miner, shotfirer and certified electrician.
(a) There is hereby continued a board of miner training, education and certification, whichshall consistconsists of seven members, whoshall beare selected in the following manner:
(a) The board shall establish criteria and standards for a program of education, training and examination to be required of all prospective miners and miners prior to their certification in any of the various miner specialties requiring certification, under this article or any other provision of this code. Such specialties include, but are not limited to, underground miner, surface miner, apprentice, underground mine foreman-fire boss, assistant underground mine foreman-fire boss, shotfirer, mine electrician and belt examiner. Notwithstanding the provisions of this section thecommissionerdirector may by ruleor regulationfurther subdivide the classification for certification.
Thecommissionerdirector shall be empowered to promulgate, pursuant to chapter twenty-nine-a of this code, such reasonable rulesand regulationsas are necessary to establish a program to implement the provisions of this article. Such program shall include, but not be limited to, implementation of a program of instruction in each of the miner occupational specialties and the conduct of examinations to test each applicant's knowledge and understanding of the training and instruction which he or she is required to have prior to the receipt of a certificate.
§ 22A-8-1.
Except as hereinafter provided, no person shall work or be employed for the purpose of performing normal duties as a surface or underground miner in any mine in this state unlesshethe person holds at the time he or she performs such duties a certificate of competency and qualification or a permit of apprenticeship issued under the provisions of this article.
For purposes of this article the term "surface miner" means a person employed at a "surface mine," as that term is defined in section three, article three, chaptertwenty-two-atwenty-two of this code, and in section two, article four of said chapter.
A permit of apprenticeship-underground miner shall be issued by the director to any person who has demonstrated by examination a knowledge of the subjects and skills pertaining to employment in underground mines, including, but not limited to, general safety, first aid, miner and operator rights and responsibilities, general principles of electricity, general mining hazards, roof control, ventilation, mine health and sanitation, mine mapping, state and federal mining laws and regulations and such other subjects as may be required by the board of miner training, education and certification:Provided, That each applicant for said permit shall complete a program of education and training of at least eighty hours, which shall be determined by the board of miner training, education and certification and provided for and implemented by the director:
A permit of apprenticeship-surface miner shall be issued by the director to any person who has demonstrated by examination a knowledge of the subjects and skills pertaining to employment in the surface mining industry, including, but not limited to, general safety, first aid, miner and operator rights and responsibilities, general principles of electricity, health and sanitation, heavy equipment safety, high walls and spoil banks, haulage, welding safety, tipple safety, state and federal mining laws and regulations and such other subjects as may be required by the board of miner training, education and certification:Provided, That each applicant for said permit shall complete a program of education and training of at least forty hours, which program shall be determined by the board of miner training, education and certification and provided for and implemented by the director:
Each holder of a permit of apprenticeship shall be known as an apprentice. Any miner holding a certificate of competency and qualification may have one person working with him or her, and under his or her supervision and direction, as an apprentice, for the purpose of learning and being instructed in the duties and calling of mining. Any mine foreman or fire boss or assistant mine foreman or fire boss may have three persons working with him or her under his or her supervision and direction, as apprentices, for the purpose of learning and being instructed in the duties and calling of mining:Provided, That a mine foreman, assistant mine foreman or fire boss supervising apprentices in an area where no coal is being produced or which is outby the working section may have as many as five apprentices under his or her supervision and direction, as apprentices, for the purpose of learning and being instructed in the duties and calling of mining or where the operator is using a production section under program for training of apprentice miners, approved by the board of miner training, education and certification.
A certificate of competency and qualification as an underground miner or as surface miner shall be issued by the director to any person who has at least six months' total experience as an apprentice and demonstrated his or her competence as a miner by successful completion of an examination given by the director or his or her representative in a manner and place to be determined by the board of miner training, education and certification:Provided, That all examinations shall be conducted in the English language and shall be of a practical nature, so as to determine the competency and qualifications of the applicant to engage in the mining of coal with reasonable safety to
If the director orhisthe director's representative finds that an applicant is not qualified and competent,hethe director shall so notify the applicant not more than ten days after the date of examination.
All persons possessing certificates of qualification heretofore issued by the department of mines of this state, orhereafterby the division of mines and minerals, or hereafter by the office of miners' health, safety and training entitling them to act as mine foreman-fire bosses, or assistant mine foreman-fire bosses,shall beare eligible to engage at any time as miners in the mines of this state. Supervisory and technically trained employees of the operator, whose work contributes only indirectly to mine operations,shall not beare not required to possess a miners' certificate.
Any person who knowingly works in or at a mine without a certificate issued under the provision of this article, any person who knowingly employs an uncertified miner to work in or at a coal mine in this state, or, any operator who fails to insure the supervision of miners holding a certificate of apprenticeship as provided for in section five of this article,shall beis guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than fifty dollars nor more than five hundred dollars.
§ 22A-9-1.
(a) Emergency medical services personnel shall be employed on each shift at every mine that: (1) Employs more than ten employees and (2) more than eight persons are present on the shift. Said emergency medical services personnel shall be employed at their regular duties at a central location, or when more than one such person is required pursuant to subsection (b) or (c) at locations, convenient from quick response to emergencies; and further shall have available to them at all times such equipment as shall be prescribed by the director of thedivision of mines and mineralsoffice of miners' health, safety and training, in consultation with thedirector of thedepartment ofcommissioner of the bureau of public health.
Each coal mine operator shall provide every new employee within six months of the date ofhisemployment with the opportunity for first-aid training as prescribed by the director of thedivision of mines and mineralsoffice of miners' health, safety and training unless such employee has previously received such training. Each coal mine employee shall be required to take refresher first-aid training of not less than five hours within each twenty-four months of employment. The employee shall be paid regular wages, or overtime pay if applicable, for all periods of first-aid training.
CHAPTER 22B. ENVIRONMENTAL BOARDS.
It is hereby declared to be the policy of this state and the purpose of this chapter to provide fair, efficient and equitable treatment of appeals of environmental enforcement and permit actions to the boards set forth herein.
Unless the context clearly requires a different meaning, as used in this chapter the following terms have the meanings ascribed to them:
(a) Each member of a board, other than an ex officio member, shall be paid as compensation for work performed as a member, from funds appropriated for such purposes, one hundred dollars per day when actually engaged in the performance of work as a board member. In addition to such compensation, each member of the board shall be reimbursed for all reasonable and necessary expenses actually incurred in the performance of the board member's duties.
In addition to all other powers and duties of the air quality board, environmental quality board and surface mine board as prescribed in this chapter or elsewhere by law, the boards created or continued pursuant to the provisions of this chapter have and may exercise the following powers and authority and shall perform the following duties:
(a) Any appeal hearing brought pursuant to this chapter shall be conducted by a quorum of the board, but the parties may by stipulation agree to take evidence before any one or more members of the board or a hearing examiner employed by the board. For the purpose of conducting such appeal hearing, any member of a board and the clerk has the power and authority to issue subpoenas and subpoenas duces tecum in the name of the board, in accordance with the provisions of section one, article five, chapter twenty-nine-a of this code. All subpoenas and subpoenas duces tecum shall be issued and served within the time and for the fees and shall be enforced, as specified in section one, article five of said chapter twenty-nine-a, and all of the provisions of said section one dealing with subpoenas and subpoenas duces tecum apply to subpoenas and subpoenas duces tecum issued for the purpose of an appeal hearing hereunder.
(a) The provisions of this section are applicable to all appeals to the boards, with the modifications or exceptions set forth in this section.
(a) Parties to a hearing may petition a board to obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending hearing, subject to the procedural rules of the boards and the limitations contained herein.
(a) Any person or a chief or the director, as the case may be, adversely affected by an order made and entered by a board after an appeal hearing, held in accordance with the provisions of this chapter, is entitled to judicial review thereof. All of the provisions of section four, article five, chapter twenty-nine-a of this code apply to and govern the review with like effect as if the provisions of said section four were set forth in extenso in this section, with the modifications or exceptions set forth in this chapter.
With respect to any information obtained in the course of an appeal, all members of boards and all personnel employed thereby shall maintain confidentiality to the same extent required of the chief or director.
In addition to the specific conflict of interest provisions set forth in this chapter, any member who has any financial interest in the outcome of a decision of the board shall not vote or act on any matter which shall directly affect the member's personal interests.
(a) All orders, determinations, rules, permits, grants, contracts, certificates, licenses, waivers, bonds, authorizations and privileges which have been issued, made, granted or allowed to become effective by a board in the performance of functions which are affected by the enactment of this chapter, and which are in effect on the date this chapter becomes effective, shall continue in effect according to their terms until modified, terminated, superseded, set aside or revoked in accordance with the law.
(a) On and after the effective date of this article, the "air pollution control commission," heretofore created, shall continue in existence and hereafter shall be known as the "air quality board."
In addition to all other powers and duties of the air quality board, as prescribed in this chapter or elsewhere by law, the board has and may exercise the power and authority to receive any money as a result of the resolution of any case on appeal which shall be deposited in the state treasury to the credit of the office of air pollution education and environment fund provided for in section four, article five, chapter twenty-two of this code.
All of the provisions of section nine, article one of this chapter apply to and govern such review with like effect as if the provisions of said section nine were set forth in extenso in this section, with the following modifications or exceptions:
(a) On and after the effective date of this article, the "water resources board," heretofore created, shall continue in existence and hereafter shall be known as the "environmental quality board."
(a) In addition to all other powers and duties of the environmental quality board, as prescribed in this chapter or elsewhere by law, the board has and may exercise the powers and authorities:
All of the provisions of section nine, article one of this chapter apply to and govern such review with like effect as if the provisions of said section nine were set forth in extenso in this section, with the following modifications or exceptions:
(a) In order to carry out the purposes of this chapter and chapter twenty-two of this code, the board shall promulgate legislative rules setting standards of water quality applicable to both the surface waters and groundwaters of this state. Standards of quality with respect to surface waters shall be such as to protect the public health and welfare, wildlife, fish and aquatic life, and the present and prospective future uses of such waters for domestic, agricultural, industrial, recreational, scenic and other legitimate beneficial uses thereof.
(a) On and after the effective date of this article, the "reclamation board of review," heretofore created, shall continue in existence and hereafter shall be known as the "surface mine board."
In addition to all other powers and duties of the surface mine board, as prescribed in this chapter or elsewhere by law, the board shall have and may exercise the power and authority to receive any money as a result of the resolution of any case on appeal which shall be deposited to the credit of the special reclamation fund created pursuant to section eleven, article three, chapter twenty-two of this code.
All of the provisions of section nine, article one of this chapter apply to and govern such review with like effect as if the provisions of said section nine were set forth in extenso in this section, except the petition shall be filed in the circuit court of Kanawha county or the county in which the surface-mining operation is located.
CHAPTER 22C.
This article shall be known and cited as the "West VirginiaWater Development Authority Act."
It is hereby declared to be the public policy of the state of West Virginia and a responsibility of the state of West Virginia, through the establishment, funding, operation and maintenance of water development projects, to maintain, preserve, protect, conserve and in all instances possible to improve the purity and quality of water within the state in order to (1) protect and improve public health; (2) assure the fullest use and enjoyment of such water by the public; (3) provide suitable environment for the propagation and protection of animal, bird, fish, aquatic and plant life, all of which are essential to the health and well-being of the public; and (4) provide water of the necessary quality and in the amount needed for the development, maintenance and expansion of, and to attract service industries and businesses, agriculture, mining, manufacturing and other types of businesses and industries.
As used in this article, unless the context clearly requires a different meaning:
There is hereby createdTheWest Virginiawater development authority is continued. The authority is a governmental instrumentality of the state and a body corporate. The exercise by the authority of the powers conferred by this article and the carrying out of its purposes and dutiesshall be deemed and heldto be, and are hereby determined to be,are essential governmental functions and for a public purpose.
To accomplish the public policies and purposes and to meet the responsibility of the state as set forth in this article, theProvided, That the amount of the refinancing may not exceed fifty percent of the loan to the governmental agency; and may issue water development revenue bonds of this state, payable solely from revenues, to pay the cost of, or finance, in whole or in part, by loans to governmental agencies, such projects. A water development project shall not be undertaken unless it has been determined by the authority to be consistent with any applicable comprehensive plan of water management approved by the director of theWest Virginiawater development authority may initiate, acquire, construct, maintain, repair and operate water development projects or cause the same to be operated pursuant to a lease, sublease or agreement with any person or governmental agency; may make loans and grants to governmental agencies for the acquisition or construction of water development projects by such governmental agencies, which loans may include amounts to refinance debt issued for existing water development projects of the governmental agency when such refinancing is in conjunction with a loan for a new water development project:
TheWest Virginiawater development authorityis herebygranted, has and may exercise all powers necessary or appropriate to carry out and effectuate its corporate purpose. The authorityshall havehas the power and capacity to:
In order to ensure that the public purposes to be served by the authority may be properly carried out and in order to assure the timely payment to the authority of all sums due and owing under loan agreements with governmental agencies, as referred to in section five of this article, notwithstanding any provision to the contrary elsewhere contained in this code, in event of any default by a governmental agency under such a loan agreement, the authorityshall havehas, and may, at its option, exercise the following rights and remedies in addition to the rights and remedies conferred by law or pursuant to said loan agreement:
With the approval and the consent of the board, either the director of thedepartment of natural resourcesdivision of environmental protection or thedirector of the department ofcommissioner of the bureau of public health, or both of them, shall expend, out of any funds available for the purpose, such moneys as are necessary for the study of any proposed water development project and may use its engineering and other forces, including consulting engineers and sanitary engineers, for the purpose of effecting such study. All such expenses incurred bysuch directors or either of themthe director or commissioner prior to the issuance of water development revenue bonds or notes under this article shall be paid by the director orrespectivedirectors incurring such expensescommissioner and charged to the appropriate water development project and the directororrespective directorsand commissioner shall keep proper records and accounts, showing the amounts so charged. Upon the sale of water development revenue bonds or notes for a water development project, the funds so expended by the director orrespectivedirectorscommissioner, with the approval of the authority, in connection with such project, shall be repaid to thedepartmentor departments of such director or directorsdivision of environmental protection or bureau of public health from the proceeds of such bonds or notes.
The authority is hereby empowered to issue from time to time water development revenue bonds and notes of the state in such principal amounts as the authority deems necessary to pay the cost of or finance, in whole or in part, by loans to governmental agencies, one or more water development projects, but the aggregate amount of all issues of bonds and notes outstanding at one time for all projects authorized hereunder shall not exceed that amount capable of being serviced by revenues received from such projects.
In the discretion of the authority, any water development revenue bonds or notes or water development revenue refunding bonds issued by the authority under this article may be secured by a trust agreement between the authority and a corporate trustee, which trustee may be any trust company or banking institution having the powers of a trust company within or without this state.
Notwithstanding any other provision of this code to the contrary, when the authority acts in the capacity of fiscal agent, authorizing authority or some other capacity for any agency, department, instrumentality or public corporation of the state which is issuing or purchasing bonds or notes, the authority may, in the exercise of its responsibilities, enter into trust agreements with one or more trust companies or banking institutions having trust powers, located within or without the state, with respect to the receipt, investment, handling, payment and delivery of funds of such agency, department, instrumentality or public corporation. The authorityshall beis entitled to reimbursement for the expenses of the authority incident to performing such services, including the fees and expenses of third parties providing services to the authority with respect thereto, from the proceeds of bonds or notes or of the revenues derived by such agency, department, instrumentality or public corporation.
Any holder of water development revenue bonds issued under the authority of this article or any of the coupons appertaining thereto and the trustee under any trust agreement, except to the extent the rights given by this article may be restricted by the applicable resolution or such trust agreement, may by civil action, mandamus or other proceedings, protect and enforce any rights granted under the laws of this state or granted under this article, by the trust agreement or by the resolution authorizing the issuance of such bonds, and may enforce and compel the performance of all duties required by this article, or by the trust agreement or resolution, to be performed by the authority or any officer thereof, including the fixing, charging and collecting of sufficient rentals or other charges.
Water development revenue bonds and notes and water development revenue refunding bonds issued under authority of this article and any coupons in connection therewithshallare notconstitutea debt or a pledge of the faith and credit or taxing power of this state or of any county, municipality or any other political subdivision of this state, and the holders or owners thereofshallhave no right to have taxes levied by the Legislature or taxing authority of any county, municipality or any other political subdivision of this state for the payment of the principal thereof or interest thereon, but such bonds and notesshall beare payable solely from the revenues and funds pledged for their payment as authorized by this article unless the notes are issued in anticipation of the issuance of bonds or the bonds are refunded by refunding bonds issued under authority of this article, which bonds or refunding bondsshall beare payable solely from revenues and funds pledged for their payment as authorized by this article. All such bonds and notes shall contain on the face thereof a statement to the effect that the bonds or notes, as to both principal and interest, are not debts of the state or any county, municipality or political subdivision thereof, but are payable solely from revenues and funds pledged for their payment.
All moneys, properties and assets acquired by the authority, whether as proceeds from the sale of water development revenue bonds or as revenues or otherwise, shall be held by it in trust for the purposes of carrying out its powers and duties, and shall be used and reused in accordance with the purposes and provisions of this article. Such moneys shall at no time be commingled with other public funds. Such moneys, except as otherwise provided in any resolution authorizing the issuance of water development revenue bonds or in any trust agreement securing the same, or except when invested pursuant to sectionthirteenfifteen of this article, shall be kept in appropriate depositories and secured as provided and required by law. The resolution authorizing the issuance of such bonds of any issue or the trust agreement securing such bonds shall provide that any officer to whom, or any banking institution or trust company to which, such moneys are paid shall act as trustee of such moneys and hold and apply them for the purposes hereof, subject to the conditions this article and such resolution or trust agreement provide.
The authority is hereby authorized and empowered to invest any funds not needed for immediate disbursement in any of the following securities:
This sectionshall applyapplies to any water development project or projects which are owned, in whole or in part, by the authority. The authority may charge, alter and collect rentals or other charges for the use or services of any water development project, and contract in the manner provided by this section with one or more persons, one or more governmental agencies, or any combination thereof, desiring the use or services thereof, and fix the terms, conditions, rentals or other charges for such use or services. Such rentals or other chargesshallare notbesubject to supervision or regulation by any other authority, department, commission, board, bureau or agency of the state, and such contract may provide for acquisition by such person or governmental agency of all or any part of such water development project for such consideration payable over the period of the contract or otherwise as the authority in its sole discretion determines to be appropriate, but subject to the provisions of any resolution authorizing the issuance of water development revenue bonds or notes or water development revenue refunding bonds of the authority or any trust agreement securing the same. Any governmental agency which has power to construct, operate and maintain public water or wastewater facilities may enter into a contract or lease with the authority whereby the use or services of any water development project of the authority will be made available to such governmental agency and pay for such use or services such rentals or other charges as may be agreed to by such governmental agency and the authority.
Each water development project, when constructed and placed in operation, shall be maintained and kept in good condition and repair by the authority or if owned by a governmental agency, by such governmental agency, or the authority or such governmental agency shall cause the same to be maintained and kept in good condition and repair. Each such project owned by the authority shall be operated by such operating employees as the authority employs or pursuant to a contract or lease with a governmental agency or person. All public or private property damaged or destroyed in carrying out the provisions of this article and in the exercise of the powers granted hereunder with regard to any project shall be restored or repaired and placed in its original condition, as nearly as practicable, or adequate compensation made therefor out of funds provided in accordance with the provisions of this article.
The provisions of sections nine and ten, article six, chapter twelve of this code to the contrary notwithstanding, all water development revenue bonds issued pursuant to this articleshallbeare lawful investments for the West Virginia state board of investments andshallare alsobelawful investments for banking institutions, societies for savings, building and loan associations, savings and loan associations, deposit guarantee associations, trust companies, insurance companies, including domestic for life and domestic not for life insurance companies.
The authority, subject to such agreements with noteholders or bondholders as may then exist,shall havehas the power, out of any funds available therefor, to purchase notes or bonds of the authority.
Any bonds issued hereunder and at any time outstanding may at any time and from time to time be refunded by the authority by the issuance of its refunding bonds in such amount as it may deem necessary to refund the principal of the bonds so to be refunded, together with any unpaid interest thereon; to provide additional funds for the purposes of the authority; and any premiums and commissions necessary to be paid in connection therewith. Any such refunding may be effected whether the bonds to be refundedProvided, That the holders of any bonds so to be refunded shall not be compelled without their consent to surrender their bonds for payment or exchange prior to the date on which they are payable or, if they are called for redemption, prior to the date on which they are by their terms subject to redemption. Any refunding bonds issued under the authority of this articleshall have thenhave matured orshallthereafter mature, either by sale of the refunding bonds and the application of the proceeds thereof for the redemption of the bonds to be refunded thereby, or by exchange of the refunding bonds for the bonds to be refunded thereby:
The exercise of the powers granted to the authority by this article will be in all respects for the benefit of the people of state, for the improvement of their health, safety, convenience and welfare and for the enhancement of their residential, agricultural, recreational, economic, commercial and industrial opportunities and is a public purpose. As the operation and maintenance of water development projectswill constitute theperformance ofare essential governmental functions, the authorityshallis notberequired to pay any taxes or assessments upon any water development project or upon any property acquired or used by the authority or upon the income therefrom. Such bonds and notes and all interest and income thereonshall beare exempt from all taxation by this state, or any county, municipality, political subdivision or agency thereof, except inheritance taxes.
The authority may acquire by purchase, whenever it deems such purchase expedient, any land, property, rights, rights-of-way, franchises, easements and other interests in lands it deems necessary or convenient for the construction and operation of any water development project upon such terms and at such prices it considers reasonable and can be agreed upon between the authority and the owner thereof, and take title thereto in the name of the state.
The authority may acquire, pursuant to subdivision ten, section six of this article, any land, rights, rights-of-way, franchises, easements or other property necessary or proper for the construction or the efficient operation of any water development project.
No officer, member or employee of the authority shall be financially interested, directly or indirectly, in any contract of any person with the authority, or in the sale of any property, real or personal, to or from the authority. This section does not apply to contracts or purchases of property, real or personal, between the authority and any governmental agency. If any officer, member or employee of the authority has such financial interest in a contract or sale of property prohibited hereby, heshall beor she is guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than one thousand dollars, or imprisoned in the county jail not more than one year, or both fined and imprisoned.
All meetings of the authority shall be open to the public and the records of the authority shall be open to public inspection at all reasonable times, except as otherwise provided in this section. All final actions of the authority shall be journalized and such journal shall also be open to the inspection of the public at all reasonable times. Any records or information relating to secret processes or secret methods of manufacture or production which may be obtained by the authority or other persons acting under authority of this article are confidential and shall not be disclosed.
The provisions of this article are hereby declared to be remedial and shall be liberally construed to effectuate its purposes and intents.
The aggregate principal amount of bonds and notes issued by the authority shall not exceed two hundred million dollars outstanding at any one time:Provided, That in computing the total amount of bonds and notes which may at any one time be outstanding, the principal amount of any outstanding bonds or notes refunded or to be refunded either by application of the proceeds of the sale of any refunding bonds or notes of the authority or by exchange for any such refunding bonds or notes, shall be excluded.
Unless the context in which used clearly requires a different meaning, as used in this article:
Thedepartment of natural resourcesdivision of environmental protection shall act as the instrumentality that is empowered to enter into capitalization agreements with the United States environmental protection agency, to accept capitalization grant awards made underTitle 6 ofthe federal clean water act, as amended, the safe drinking water act, as amended, and other federal laws and to otherwise manage the fundcreated pursuant toprovided for in this article in accordance with the requirements of saidTitle 6federal laws.
(a) Under the direction of theProvided, That moneys in the fund shall be utilized to defray the costs incurred by the authority and thedepartment of naturalresourcesdivision of environmental protection, theWest Virginiawater development authority shall establish, administer and manage a permanent and perpetual fund, to be known as the "West Virginia Water Pollution Control Revolving Fund." The fund shall be comprised of moneys appropriated to said fund by the Legislature, moneys allocated to the state by the federal government expressly for the purposes of establishing and maintaining a state water pollution control revolving fund, all receipts from loans made from the fund to local governments, all income from the investment of moneys held in the fund, and all other sums designated for deposits to the fund from any source, public or private. Moneys in the fund shall be used solely to make loans to local governments to finance or refinance the costs of a project:
The authority shall cause an audit of its books and accounts to be made at least once each fiscal year by certified public accountants, and the cost thereof may be defrayed as a part of the cost of construction of a project or as an administrative expense under the provisions of subsection (a), section three of this article.
In order to ensure the timely payment of all sums due and owing to the fund under a revolving fund loan agreement between the state and a local government, and notwithstanding any provisions of this code to the contrary, the authorityshall havehas and may, at its option, exercise the following rights and remedies in the event of any default by a local government under such a loan agreement:
(a) The director of thedepartment of natural resourcesdivision of environmental protection shall promulgate rules in accordance with the provisions of chapter twenty-nine-a of this code to establish a state construction grants program that is designed to complement and supplement the state water pollution control revolving fund program established pursuant to subsection (b), section three of this article.
The provisions of this article shall be liberally construed to the end that its beneficial purposes may be effectuated. Insofar as the provisions of this article are inconsistent with the provisions of any other general, special or local law, the provisions of this articleshall beare controlling.
This article shall be known and cited as the "West VirginiaSolid Waste Management Board Act."
The Legislature finds that uncontrolled, inadequately controlled and improper collection and disposal of solid waste (1) is a public nuisance and a clear and present danger to people; (2) provides harborages and breeding places for disease-carrying, injurious insects, rodents and other pests harmful to the public health, safety and welfare; (3) constitutes a danger to livestock and domestic animals; (4) decreases the value of private and public property, causes pollution, blight and deterioration of the natural beauty and resources of the state and has adverse economic and social effects on the state and its citizens; and (5) results in the squandering of valuable nonrenewable and nonreplenishable resources contained in solid waste.
As used in this article, unless the context clearly requires a different meaning:
To accomplish the public policy and purpose and to meet the responsibility of the state as set forth in this article, the solid waste management board shall designate and establish solid waste disposal sheds and it may initiate, acquire, construct, maintain, repair and operate solid waste disposal projects or cause the same to be operated pursuant to a lease, sublease or agreement with any person or governmental agency; may make loans and grants to persons and to governmental agencies for the acquisition or construction of solid waste disposal projects by such persons and governmental agencies; and may issuesolid waste disposal revenue bonds of this state, payable solely from revenues, to pay the cost of, or finance, in whole or in part, by loans to governmental agencies, such projects. A solid waste disposal project shall not be undertaken unless the board determines that the project is consistent with federal law, with its solid waste disposal shed plan, with the standards set by the state
On or before the first day of January, one thousand nine hundred ninety-three, the solid waste management board shall prepare an overall state plan for the proper management of solid waste:Provided, That such plan shall be consistent with the findings and purposes of
In order to ensure that the public purposes to be served by the board may be properly carried out and in order to assure the timely payment to the board of all sums due and owing under loan agreements with governmental agencies, as referred to in section five of this article, notwithstanding any provision to the contrary elsewhere contained in this code, in event of any default by a governmental agency under such a loan agreement, the boardshall havehas, and may, at its option, exercise the following rights and remedies in addition to the rights and remedies conferred by law or pursuant to said loan agreement:
The board shall maintain the division of the state into geographical areas for solid waste management which shall be known as solid waste disposal sheds. The board may, from time to time, modify the boundaries of such sheds in a manner consistent with the provisions of this section. Before it modifies the sheds, the board shall consult with the affected municipalities and county or regional solid waste authorities and obtain and evaluate their opinions as to how many sheds there should be and where their boundaries should be located. The board shall then cause feasibility and cost studies to be made in order for it to designate the solid waste disposal sheds within each of which the most dependable, effective, efficient and economical solid waste disposal projects may be established. The sheds shall not overlap and shall cover the entire state.
The board is hereby empowered to issue, from time to time, solid waste disposal revenue bonds and notes of the state in such principal amounts as the board deems necessary to pay the cost of or finance, in whole or in part, by loans to governmental agencies, one or more solid waste development projects, but the aggregate amount of all issues of bonds and notes outstanding at one time for all projects authorized hereunder shall not exceed that amount capable of being serviced by revenues received from such projects, and shall not exceed in the aggregate the sum of one hundred million dollars:Provided, That up to twenty-five million dollars may be issued for projects located or to be located in areas which lack adequate sewer or water service and the area is in need of such services to comply with federal requirements.
(a) Before issuing any revenue bonds in accordance with the provisions of this article, the board shall consult with and be advised by theWest Virginiawater development authority as to the feasibility and necessity of the proposed issuance of revenue bonds. Such consultation shall include, but not be limited to, the following subjects:
Any holder of solid waste disposal revenue bonds issued under the authority of this article or any of the coupons appertaining thereto, except to the extent the rights given by this article may be restricted by the applicable resolution, may by civil action, mandamus or other proceeding, protect and enforce any rights granted under the laws of this state or granted under this article, by the resolution authorizing the issuance of such bonds, and may enforce and compel the performance of all duties required by this article, or by the resolution, to be performed by the board or any officer or employee thereof, including the fixing, charging and collecting of sufficient rentals, fees, service charges or other charges.
Solid waste disposal revenue bonds and notes and solid waste disposal revenue refunding bonds issued under authority of this article and any coupons in connection therewithshallare notconstitutea debt or a pledge of the faith and credit or taxing power of this state or of any county, municipality or any other political subdivision of this state, and the holders or owners thereofshallhave no right to have taxes levied by the Legislature or taxing authority of any county, municipality or any other political subdivision of this state for the payment of the principal thereof or interest thereon, but such bonds and notesshall beare payable solely from the revenues and funds pledged for their payment as authorized by this article unless the notes are issued in anticipation of the issuance of bonds or the bonds are refunded by refunding bonds issued under authority of this article, which bonds or refunding bondsshall beare payable solely from revenues and funds pledged for their payment as authorized by this article. All such bonds and notes shall contain on the face thereof a statement to the effect that the bonds or notes, as to both principal and interest, are not debts of the state or any county, municipality or political subdivision thereof, but are payable solely from revenues and funds pledged for their payment.
All moneys, properties and assets acquired by the board, whether as proceeds from the sale of solid waste disposal revenue bonds or as revenues or otherwise, shall be held by it in trust for the purposes of carrying out its powers and duties, and shall be used and reused in accordance with the purposes and provisions of this article. Such moneys shall at no time be commingled with other public funds. Such moneys, except as otherwise provided in any resolution authorizing the issuance of solid waste disposal revenue bonds or except when invested,pursuant to sectionfifteen of this article,shall be kept in appropriate depositories and secured as provided and required by law. The resolution authorizing the issuance of such bonds of any issue shall provide that any officer to whom such moneys are paid shall act as trustee of such moneys and hold and apply them for the purposes hereof, subject to the conditions this article and such resolution provide.
Beginning in the fiscal year ending the thirtieth day of June, one thousand nine hundred ninety-two, and every second fiscal year thereafter, the Legislature shall cause to be performed a post audit and a performance audit for the intervening two-year period of the recipients of any grant or loan provided by the solid waste management board. The audit shall cover the disbursement of such loans or grants provided pursuant to sectionthirteenthirty, articlenine,four of this chapter,twenty of this code,the use of such loans or grants by the recipient as well as all other appropriate subject matter.
This sectionshall applyapplies to any solid waste disposal project or projects which are owned, in whole or in part, by the board.
Each solid waste development project, when constructed and placed in operation, shall be maintained and kept in good condition and repair by the board or if owned by a governmental agency, by such governmental agency, or the board or such governmental agency shall cause the same to be maintained and kept in good condition and repair. Each such project owned by the board shall be operated by such operating employees as the board employs or pursuant to a contract or lease with a governmental agency or person. All public or private property damaged or destroyed in carrying out the provisions of this article and in the exercise of the powers granted hereunder with regard to any project shall be restored or repaired and placed in its original condition, as nearly as practicable, or adequate compensation made therefor out of funds provided in accordance with the provisions of this article.
The provisions of sectionsnine and ten,
The boardshallis notberequired to pay any taxes or assessments upon any solid waste disposal project or upon any property acquired or used by the board or upon the income therefrom. Bonds and notes issued by the board and all interest and income thereonshall beare exempt from all taxation by this state, or any county, municipality, political subdivision or agency thereof, except inheritance taxes.
All governmental agencies, notwithstanding any provision of law to the contrary, may lease, lend, grant or convey to the board, at its request, upon such terms as the proper authorities of such governmental agencies deem reasonable and fair and without the necessity for an advertisement, auction, order of court or other action or formality, other than the regular and formal action of the governmental agency concerned, any real property or interests therein, including improvements thereto or personal property which is necessary or convenient to the effectuation of the authorized purposes of the board, including public roads and other real property or interests therein, including improvements thereto or personal property already devoted to public use.
No officer, member or employee of the board may be financially interested, directly or indirectly, in any contract of any person with the board, or in the sale of any property, real or personal, to or by the board. This section does not apply to contracts or purchases of property, real or personal, between the board and any governmental agency.
The board shall comply with all of the requirements in article nine-a, chapter six of this code.
Solid waste collectors and haulers who are "common carriers by motor vehicle," as defined in section two, article one, chapter twenty-four-a of this code, shall continue to be regulated by the public service commission in accordance with the provisions of chapter twenty-four-a and rulesand regulationspromulgated thereunder. Nothing in this articleshall givegives the board any power or right to regulate such solid waste collectors and haulers in any manner, but the public service commission, when it issues a new certificate of convenience and necessity, or when it alters or adjusts the provisions of any existing certificate of convenience and necessity, or when it approves the assignment or transfer of any certificate of convenience and necessity, shall consult with the board regarding what action it could take which would most likely further the implementation of the board's solid waste disposal shed plan and solid waste disposal projects and shall take any reasonable action that will lead to or bring about compliance of such waste collectors and haulers with such plan and projects.
The provisions of this article are complementary to those contained in article twenty-four, chapter seventeen of this code, and do not alter or diminish the authority of any enforcement agency, as defined in section two thereof, to collect and dispose of abandoned household appliances and motor vehicles, inoperative household appliances and junked motor vehicles and parts thereof, including tires. The board and such enforcement agencies shall cooperate fully with each other in collecting and disposing of such solid waste.
The provisions of this article are hereby declared to be remedial and shall be liberally construed to effectuate its purposes and intents.
§ 22C-4-1.
The Legislature finds that the improper and uncontrolled collection, transportation, processing and disposal of domestic and commercial garbage, refuse and other solid wastes in the state of West Virginia results in: (1) A public nuisance and a clear and present danger to the citizens of West Virginia; (2) the degradation of the state's environmental quality including both surface and groundwaters which provide essential and irreplaceable sources of domestic and industrial water supplies; (3) provides harborages and breeding places for disease-carrying, injurious insects, rodents and other pests injurious to the public health, safety and welfare; (4) decreases public and private property values and results in the blight and deterioration of the natural beauty of the state; (5) has adverse social and economic effects on the state and its citizens; and (6) results in the waste and squandering of valuable nonrenewable resources contained in such solid wastes which can be recovered through proper recycling and resource-recovery techniques with great social and economic benefits for the state.
Unless the context clearly requires a different meaning, as used in this article, the terms:
(a) Each and every county solid waste authority authorized and created by the county commission of any county pursuant to former article sixteen, chapter seven of this code is hereby abolished on and after the first day of January, one thousand nine hundred eighty-nine. On and after the first day of January, one thousand nine hundred eighty-nine, a new county solid waste authority is hereby created and established as a public agency in every county of the state andProvided, That such county solid waste authorities shall not be established or shall cease to exist, as the case may be, in those counties which establish a regional solid waste authority pursuant to section four of this article. The solid waste management board may require a county solid waste authority to cooperate and participate in programs with other authorities if the need arises.shall beis the successor to each county solid waste authority which may have been created by the county commission:
(a) On and after the first day of January, one thousand nine hundred eighty-nine, any two or more counties within the same solid waste shed and with the approval of the solid waste management board, may establish a regional solid waste authority. Such a regional solid waste authorityshall beis a public agency andshall beis the successor to any county solid waste authority existing on the date of said approval by the solid waste management board. The solid waste management board may require a county authority to cooperate and participate in programs with other county and regional authorities if the need arises.
The county and regional solid waste authorities created herein, as the case may be,shall be successorare the successors to the county commissions of each county, or the solid waste authority previously created by said commission and abolished as of the first day of January, one thousand nine hundred eighty-nine, by this article, in the ownership, operation and maintenance of such dumps, landfills and other solid waste facilities, solid waste collection services and litter and solid waste control programs. The county commission of each county, or the solid waste authority thereof, shall, on the first day of January, one thousand nine hundred eighty-nine, transfer all ownership, operation, control and other rights, title and interests in such solid waste facilities, services and programs, and the properties, funds, appropriations and contracts related thereto to the county or regional solid waste authority established pursuant to this article.
Notwithstanding any provision of this article, any county commission which, on the first day of July, one thousand nine hundred eighty-eight, held a valid permit or compliance order for a commercial solid waste transfer station issued pursuant to articlefive-f of thisfifteen, chapter twenty-two of this code, may elect to assume all the duties, powers, obligations, rights, title and interests vested in the county solid waste authority by this chapter. A county commission may, prior to the first day of October, one thousand nine hundred eighty-nine, exercise this right of election by entering an order declaring such election and serving a certified copy thereof upon the solid waste management board. Thirty days after entry of said order by the county commission the county solid waste authorityshall ceaseceases to exist and the county commissionshall assumeassumes all the duties, powers, obligations, rights, title and interest vested in the former authority pursuant to this chapter or chapter twenty-two of this code.
(a) The management and control of the authority, its property, operations and affairs of any natureshall beis vested in and governed by the board of directors.
(a) Each county and regional solid waste authorityshall beis required to develop a comprehensive litter and solid waste control plan for its geographic area and to submit said plan to the solid waste management board on or before the first day of July, one thousand nine hundred ninety-one. Each authority shall submit a draft litter and solid waste control plan to the solid waste management board by the thirty-first day of March, one thousand nine hundred ninety-one. The comments received by the county or regional solid waste authority at public hearings, two of whichshall beare required, shall be considered in developing the final plan.
(a) The division of natural resources, the division of environmental protection, the solid waste management board, and the bureau of public health shall provide technical assistance to each county and regional solid waste authority as reasonable and practicable for the purposes of this article within the existing resources and appropriations of each agency available for such purposes. The attorney general shall provide legal counsel and representation to each county and regional solid waste authority for the purposes of this article within the existing resources and appropriations available for such purposes, or with the written approval of the attorney general, said authority may employ counsel to represent it.
(a) Each person occupying a residence or operating a business establishment in this state shall either:
Upon approval of the litter and solid waste control plan by the solid waste management board, the county or regional solid waste authority may acquire, by purchase, lease, gift or otherwise, land for the establishment of solid waste facilities and is authorized to construct, operate, maintain and contract for the operation of such facilities. The authority may pay for lease or acquisition of such lands and the construction, operation and maintenance of such solid waste facilities from such fees, grants, financing by the solid waste program of the division ofnatural resourcesenvironmental protection or funds from other sources as may be available to the authority. The authority may prohibit the deposit of any solid waste in such solid waste facilities owned, leased or operated by the authority which have originated from sources outside the geographic limits of the county or region. The authority board of directors shall establish and charge reasonable fees for the use of such facilities operated by the authority.
For constructing or acquiring any solid waste facilities for the authorized purposes of the authority, or necessary or incidental thereto, and for constructing improvements and extension thereto, and also for reimbursing or paying the costs and expenses of creating the authority, if any, the board of any such authority is hereby authorized to borrow money from time to time and in evidence thereof issue the bonds or notes of such authority, payable from the revenues derived from the operation of the solid waste facilities under control of the authority or from such other funds as are available to the authority for such purpose. Such bonds or notes may be issued in one or more series, may bear such date or dates, may mature at such time or times not exceed forty years from their respective dates, may bear interest at such rate or rates, payable at such times, may be in such form, may carry such registration privileges, may be executed in such manner, may be payable at such place or places, may be subject to such terms of redemption with or without premium, may be declared or become due before maturity date thereof, may be authenticated in any manner, and upon compliance with such conditions, and may contain such terms and covenants as may be provided by resolution or resolutions of the board. Notwithstanding the form or tenor thereof, and in the absence of any express recital on the face thereof, that the bond or note is nonnegotiable, all such bonds or notesshall beare, and shall be treated as, negotiable instruments for all purposes. The bonds or notes shall be executed by thechairmanchair of the board, who may use a facsimile signature. The official seal of the authority or a facsimile thereof shall be affixed to or printed on each bond or note and attested, manually or by facsimile signature, by the secretary-treasurer of the board, and any coupons attached to any bond or note shall bear the signature of facsimile signature of thechairmanchair of the board. Bonds or notes bearing the signatures of officers in office on the date of the signing thereofshall beare valid and binding for all purposes notwithstanding that before the delivery thereof any or all of the persons whose signatures appear thereonshallhave ceased to be such officers. Notwithstanding the requirements or provisions of any other law, any such bonds or notes may be negotiated or sold in such manner and at such time or times as is found by the board to be most advantageous. Any resolution or resolutions providing for the issuance of such bonds or notes may contain such covenants and restrictions upon the issuance of additional bonds or notes thereafter as may be deemed necessary or advisable for the assurance of the payment of the bonds or notes thereby authorized.
The cost of any solid waste facilities acquired under the provisions of this articleshall be deemed to includeincludes the cost of the acquisition or construction thereof, costs of closure of solid waste facilities, the cost of all property rights, easements and franchises deemed necessary or convenient therefor and for the improvements and extensions thereto; interest upon bonds or notes prior to and during construction or acquisition and for twelve months after completion of construction or of acquisition of the improvements and extensions; engineering, fiscal agents and legal expenses; expenses for estimates of cost and of revenues, expenses for plans, specifications and surveys; other expenses necessary or incident to determining the feasibility or practicability of the enterprise, administrative expense, and such other expenses as may be necessary or incident to the financing herein authorized, and the construction or acquisition of the properties and the placing of same in operation, and the performance of the things herein required or permitted, in connection with any thereof.
In the discretion and at the option of the board such bonds or notes may be secured by a trust indenture by and between the authority and a corporate trustee, which may be a trust company or bank having powers of a trust company within or without the state of West Virginia. The resolution authorizing the bonds or notes and fixing the details thereof may provide that such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of bondholders as may be reasonable and proper, not in violation of law, including covenants setting forth the duties of the authority and the members of its board and officers in relation to the construction or acquisition of solid waste facilities and the improvement, extension, operation, repair, maintenance and insurance thereof, and the custody, safeguarding and application of all moneys, and may provide that all or any part of the construction work shall be contracted for, constructed and paid for, under the supervision and approval of consulting engineers employed or designated by the board and satisfactory to the original bond purchasers, their successors, assignees or nominees, who may be given the right to require the security given by contractors and by any depository of the proceeds of bonds or notes or revenues of the solid waste facilities or other money pertaining thereto be satisfactory to such purchasers, their successors, assignees or nominees. Such indenture may set forth the rights and remedies of the bondholders or noteholders and such trustee.
At or before the time of the issuance of any bonds or notes under this article, the board may by resolution or in the trust indenture provide for the creation of a sinking fund and for payments into such find from the revenues of the solid waste facilities operated by the authority or from other funds available thereto such sums in excess of the cost of maintenance and operation of such properties as will be sufficient to pay the accruing interest and retire the bonds or notes at or before the time each will respectively become due and to establish and maintain reserves therefor. All sums which are or should be, in accordance with such provisions, paid into such sinking fund shall be used solely for payment of interest and principal and for the retirement of such bonds or notes or at prior to maturity as may be provided or required by such resolution.
The board for any such authorityshall havehas power to insert enforceable provisions in any resolution authorizing the issuance of bonds or notes relating to the collection, custody and application of revenues or of the authority from the operation of the solid waste facilities under its control or other funds available to the authority and to the enforcement of the covenants and undertakings of the authority. In the event thereshall beis default in the sinking fund provisions aforesaid or in the payment of the principal or interest on any of such bonds or notes or, in the event the authority or its board or any of its officers, agents or employees,shall fail orrefusefails or refuses to comply with the provisions of this article, orshall defaultdefaults in any covenant or agreement made with respect to the issuance of such bonds or notes or offered as security therefor, then any holder or holders of such bonds or notes and any such trustee under the trust indenture, if there be one,shallhave the right by suit, action, mandamus or other proceeding instituted in the circuit court for the county or any of the counties wherein the authority extends, or in any other court of competent jurisdiction, to enforce and compel performance of all duties required by this article or undertaken by the authority in connection with the issuance of such bonds or notes, and upon application of any such holder or holders, or such trustee, such court shall, upon proof of such defaults, appoint a receiver for the affairs of the authority and its properties, which receiver so appointed shall forthwith directly, or by her or his agents and attorneys, enter into and upon and take possession of the affairs of the authority and each and every part thereof, and hold, use, operate, manage and control the same, and in the name of the authority exercise all of the rights and powers of such authority asshall be deemedfound expedient, and such receivershall havehas power and authority to collect and receive all revenues and apply same in such manner as the courtshall directdirects. Whenever the default causing the appointment of such receivershall havehas been cleared and fully discharged and all other defaultsshallhave been cured, the court may in its discretion and after such notice and hearing as it deems reasonable and proper direct the receiver to surrender possession of the affairs of the authority to its board. Such receiver so appointedshall havehas no power to sell, assign, mortgage, or otherwise dispose of any assets of the authority except as hereinbefore provided.
The board may enter into contracts or agreements with any persons, firms or corporations for the operation and management of the solid waste facilities for such period of time and under such terms and conditions asshall beare agreed upon between the board and such persons, firms or corporations. The boardshallhavehas power to provide in the resolution authorizing the issuance of bonds or notes, or in any trust indenture securing such bonds or notes, that such contracts or agreementsshall beare valid and binding upon the authority as long as any of said bonds or notes, or interest thereon, are outstanding and unpaid.
Unless otherwise provided by resolution of the board, thereshall be and is hereby createdis a statutory mortgage lien upon such solid waste facilities of the authority, whichshall existexists in favor of the holders of bonds or notes hereby authorized to be issued, and each of them, and the coupons attached to said bonds or notes, and such solid waste facilitiesshallremain subject to such statutory mortgage lien until payment in full of all principal of and interest on such bonds or notes. Any holder of such bonds or notes, of any coupons attached thereto, may, either at law or in equity, enforce said statutory mortgage lien conferred hereby and upon default in the payment of the principal of or interest on said bonds or notes, and may foreclose such statutory mortgage lien in the manner now provided by the laws of the state of West Virginia for the foreclosure of mortgages on real property.
The board of any authority having issued bonds or notes under the provisions of this article is hereby empowered thereafter by resolution to issue refunding bonds or notes of such authority for the purpose of retiring or refinancing any or all outstanding bonds or notes, together with any unpaid interest thereon and redemption premium thereunto appertaining and all of the provisions of this article relating to the issuance, security and payment of bonds or notesshall beare applicable to such refunding bonds or notes, subject, however, to the provisions of the proceedings which authorized the issuance of the bonds or notes to be so refunded.
No constitutional or statutory limitation with respect to the nature or amount of or rate of interest on indebtedness which may be incurred by municipalities, counties or other public or governmental bodiesshall applyapplies to the indebtedness of an authority. No indebtedness of any nature of authorityshallconstituteis an indebtedness of the state of West Virginia or any municipality or county therein or a charge against any property of said state of West Virginia or any municipalities or counties. No indebtedness or obligation incurred by any authorityshall givegives any right against any member of the governing body of any municipality or any member of the authority of any county or any member of the board of any authority. The rights of creditors of any authorityshall beare solely against the authority as a corporate body and shall be satisfied only out of property held by it in its corporate capacity.
The authorityshall beis exempt from the payment of any taxes or fees to the state or any subdivisions thereof or any municipalities or to any officer or employee of the state or of any subdivision thereof or of any municipalities. The property of the authorityshall beis exempt from all local and municipal taxes. Bonds, notes, debentures and other evidence of indebtedness of the authority are declared to be issued for a public purpose and to be public instrumentalities, and, together with interest thereon,shall beare exempt from taxes.
Upon the approval of the litter and solid waste control plan as provided in sectionseveneight hereof, each county and regional solid waste authority is hereby authorized and directed to implement a program to utilize those individuals incarcerated in the county or regional jails for litter pickup within the limits of available funds. Such program shall be funded from those moneys allocated to the authority by the director of thedepartmentdivision of natural resources from the litter control fund pursuant to sectiontwenty-seventwenty-six, article four, chapter twenty of this code. The authority may expend such additional funds for this program as may be available from other sources. The county commission and the sheriff of each county and the regional jail and correctional facility authority shall cooperate with the county or regional solid waste authority in implementing this program pursuant to section one, article eleven-a, and sections three and thirteen, article twelve, chapter sixty-two of this code.
The authority may exercise all powers necessary or appropriate to carry out the purposes and duties provided in this article, including the following:
(a) On or before the first day of July, one thousand nine hundred ninety-one, each county or regional solid waste authority shall prepare and complete a commercial solid waste facilities siting plan for the county or counties within its jurisdiction:Provided, That the solid waste management board may authorize any reasonable extension of up to one year for the completion of the said siting plan by any county or regional solid waste authority. The siting plan shall identify zones within each county where siting of the following facilities is authorized or prohibited:
§ 22C-4-25.
(a) It is the intent of the Legislature that all commercial solid waste facilities operating in this state must receive site approval at the local level, except for recycling facilities, as defined in section two, articlefive-f of thisfifteen, chapter twenty-two of this code, that are specifically exempted by section twelve, article eleven,of thischapter twenty of this code. Notwithstanding said intent, facilities which obtained such approval from either a county or regional solid waste authority, or from a county commission, under any prior enactment in this code, and facilities which were otherwise exempted from local site approval under any prior enactment in this code, shall be deemed to have satisfied such requirement. All other facilities, including facilities which received such local approval but which seek to expand spatial area or to convert from a Class B facility to a Class A facility, shall obtain such approval only in the manner specified in sectionstwelve-c,twelve-d and twelve-etwenty-six, twenty-seven and twenty-eight of this article.
(a) Except as provided below with respect to Class B facilities, from and after theeffective date of this sectiontenth day of March, one thousand and nine hundred ninety, in order to obtain approval to operate a new Class A facility, an applicant shall:
(a) From and after theeffective date of this articleeighteenth day of October, one thousand nine hundred ninety-one, in order to obtain approval to operate as a Class A facility at a site previously permitted to operate as a Class B facility, an applicant shall:
(a) From and after theeffective date of this articleeighteenth day of October, one thousand nine hundred ninety-one, in order to increase the maximum allowable monthly tonnage handled at a Class A facility by an aggregate amount of more than ten percent of the facility's permit tonnage limitation within a two-year period, the permittee shall:
(a) Any party aggrieved by a decision of the county or regional solid waste authority or county commission granting or denying a certificate of site approval may obtain judicial review thereof in the same manner provided in section four, article five, chapter twenty-nine-a of this code, which provisions shall govern such review with like effect as if the provisions of said section were set forth in extenso in this section, except that the petition shall be filed, within the time specified in said section, in the circuit court of Kanawha County.
(a)Imposition. -- Effective the first day of July, one thousand nine hundred eighty-nine, a solid waste assessment fee is hereby levied and imposed upon the disposal of solid waste at any solid waste disposal facility in this state to be collected at the rate of one dollar per ton or part thereof of solid waste. The fee imposed by this section
This article may be known and cited as the "Commercial Hazardous Waste Management Facility Siting Act."
(a) The purpose of this article is to establish a state commercial hazardous waste management facility siting board and to establish the procedure for which approval certificatesshallbeare granted or denied for commercial hazardous waste management facilities.
Unless the context clearly requires a different meaning, as used in this article the terms:
(a)There is hereby established aThe commercial hazardous waste management facility siting boardconsistingis continued. It consists of nine members including the director of thedepartment of natural resourcesdivision of environmental protection and thedirector of the air pollution controlcommission who shall bechief of the office of air quality of the division of environmental protection who are non-voting members ex officio, two ad hoc members appointed by the county commission of the county in which the facility is or is proposed to be locatedandwhoshall beare residents of said county, and five other permanent members to be appointed by the governor with the advice and consent of the Senate, two of whomshall beare representative of industries engaged in business in this state and three of whomshall beare representative of the public at large. No two or more of the five permanent voting members of the board appointed by the governor shall be from the same county. Upon initial appointment, which shall be made by thegovernor within thirty days of the effective date of thisarticle,one of said other five members shall be appointed for five years, one for four years, one for three years, one for two years and one for one year.which terms shall commence on theeffective date of this articleThereafter, said permanent members shall be appointed for terms of five years each. Vacancies occurring other than by expiration of a term shall be filled by the governor in the same manner as the original appointment for the unexpired portion of the term. The term of the ad hoc membersshallcontinue until a final determination has been made in the particular proceeding for which they are appointed. Four of the voting members on the boardshallconstitute a quorum for the transaction of any business, and the decision of four voting members of the boardshall constituteis action of the board. No personshall beis eligible to be an appointee of the governor to the board who has any direct personal financial interest in any commercial hazardous waste management enterprise. The five permanent voting members of the board shall annually elect from among themselves achairmanchair no later than the thirty-first day of July of each calendar year. The board shall meet upon the call of thechairmanchair or upon the written request of at least three of the voting members of the board.
A grant of an approval certificate shall supersede any local ordinance or regulation that is inconsistent with the terms of the approval certificate. Nothing in this chaptershall affectaffects the authority of the host community to enforce its regulations and ordinances to the extent that they are not inconsistent with the terms and conditions of the approval certificate. Grant of an approval certificateshalldoes not preclude or excuse the applicant from the requirement to obtain approval or permits under this chapter or other state or federal laws.
(a) There is herebycreated and establishedcontinued in the state treasury a special revenue fund entitled the "commercial hazardous waste management facility siting fund" which may be expended by the director of thedepartment of natural resourcesdivision of environmental protection for the following:
(a) Any person having an interest adversely affected by a final decision made and entered by the board is entitled to judicial review thereof in the circuit court of Kanawha county, or the circuit court of the county in which the facility is, or is proposed to be, situated, such appeal to be perfected by the filing of a petition with the court within sixty days of the date of receipt by the applicant of the board's written decision.
(a) Any person who violates this section shall be compelled by injunction, in a proceeding instituted in the circuit court or the locality where the facility or proposed facility is to be located, to cease the violation.
Unless the context clearly requires a different meaning, as used in this article the terms:
(a) From and after theeffective date of this articlefifth day of June, one thousand nine hundred ninety-two, in order to obtain approval to locate either a commercial hazardous waste management facility or a hazardous waste management facility which disposes of greater than ten thousand tons per annum on site in this state, an applicant shall:
§ 22C-7-1.
Notwithstanding any other provisions of law, oil and gas inspectors shall be selected, serve and be removed as in this article provided.
(a) No person is eligible for appointment as an oil and gas inspector or supervising inspector unless, at the time of his or her probationary appointment,Provided, That not exceeding three years of such experience shall be satisfied by any combination ofhesuch person (1) is a citizen of West Virginia, in good health, and of good character, reputation and temperate habits; (2) has had at leasttensix years'practicalactual relevant experience in the oil and gas industry:at least five years of which, immediately preceding his originalappointment shall have been in the oil and gas industry in thisstate:
§ 22C-7-3.
(a) There is hereby continued an oil and gas inspectors' examining board consisting of five members,who, except for thepublic representative on such boardtwo of whom shall be ex officio members and three of whom shall be appointed by the governor, by and with the advice and consent of the Senate. Appointed members may be removed only for the same causes and like manner as elective state officers. One member of the board who shall be the representative of the publicshall be aprofessor in the petroleum engineering department of the schoolof mines at West Virginia University appointed by the dean ofsaid school; two membersat large and shall be a person who is knowledgable about the subject matter of this article and has no direct or indirect financial interest in oil and gas production other than the reciept of royalty payments which do not exceed a five year average of six hundred dollars per year; one member shall bepersonsa person who by reason of previous training and experience may reasonably be said to represent the viewpoint of independent oil and gas operators; andtwo membersone member shall bepersonsa person who by reason of previous training and experience may reasonably be said to represent the viewpoint of major oil and gas producers.
§ 22C-8-1.
(a) It is hereby declared to be the public policy of this state and in the public interest to:
Unless the context in which used clearly requires a different meaning, as used in this article:
(a) Except as provided in subsection (b) of this section, the provisions of this article shall apply to all lands located in this state, under which a coal seam as defined in section two of this article and section one, articleonesix, chaptertwenty-two-btwenty-two of this code, is located, however owned, including any lands owned or administered by any government or any agency or subdivision thereof, over which the state has jurisdiction under its police power. The provisions of this article are in addition to and not in derogation of or substitution for the provisions of this chapter or chaptertwenty-two-btwenty-two of this code.
(a) There is hereby continued the "Provided, That any person so appointed while the Senate of this state is not in session shall be permitted to serve in an acting capacity for one year fromWest VirginiaShallow Gas Well Review Board" which shall be composed of three members, two of whom shall be the commissioner and thedirectorchief of the office of oil and gas. The remaining member of the board shall be a registered professionalmining engineerwho has been successfully tested in mining engineering, with at least ten years practical experience in the coal mining industry and shall be appointed by the governor, by and with the advice and consent of the Senate:
(a) The board shall meet and hold conferences and hearings at such times and places as shall be designated by thechairmanchair. Thechairmanchair may call a meeting of the board at any time. Thechairmanchair shall call a meeting of the board (1) upon receipt of a notice from the director that an objection to the proposed drilling or deepening of a shallow well has been filed by a coal seam owner pursuant to section seventeen, articleonesix of chaptertwenty-two-btwenty-two of this code or that an objection has been made by the director, (2) upon receipt of an application to establish a drilling unit filed with the board pursuant to section nine of this article, or (3) within twenty days upon the written request by another member of the board. Meetings called pursuant to subdivisions (1) and (2) of this subsection shall be scheduled not less than ten days nor more than twenty days from receipt by thechairmanchair of the notice of objection or the application to establish a drilling unit. Notice of all meetings shall be given to each member of the board by thechairmanchair at least ten days in advance thereof, unless otherwise agreed by the members.
(a) The board may promulgate, pursuant to the provisions of chapter twenty-nine-a of this code, such reasonable rulesandregulationsas are deemed necessary or desirable to implement and make effective the provisions of this article.
(a) At the time and place fixed by thechairmanchair for the meeting of the board and for consideration of the objections to proposed drilling filed by coal seam owners pursuant to section seventeen, articleonesix, chaptertwenty-two-btwenty-two of this code, the well operator and the objecting coal seam owners present or represented shall hold a conference with the board to consider the objections. Such persons present or represented at the conference may agree upon either the drilling location as proposed by the well operator or an alternate location. Any change in the drilling location from the drilling location proposed by the well operator shall be indicated on the plat enclosed with the notice of objection filed with thechairmanchair by the director in accordance with the provisions of section seventeen, articleonesix, chaptertwenty-two-btwenty-two of this code, and the distance and direction to the new drilling location from the proposed drilling location shall also be shown on such plat. If agreement is reached at the conference by the well operator and such objecting coal seam owners present or represented at the conference, the board shall issue a written order stating that an agreement has been reached, stating the nature of such agreement, and directing the director to grant the well operator a drilling permit for the location agreed upon. The original of such order shall be filed with the division within five days after the conference of the board at which the drilling location was agreed upon and copies thereof shall be mailed by registered or certified mail to the well operator and the objecting coal seam owners present or represented at such conference.
(a) If the well operator and the objecting coal seam owners present or represented at the time and place fixed by thechairmanchair for consideration of the objections to the proposed drilling location are unable to agree upon a drilling location, then the written order of the board shall direct the director to refuse to issue a drilling permit unless the following distance limitations are observed:
(a) Whenever the board has issued an order directing the director to refuse a drilling permit, the gas operator may apply to the board for the establishment of a drilling unit encompassing a contiguous tract or tracts if such gas operator believes that such a drilling unit will afford one well location for the production of gas from under the tract on which the drilling permit was sought, and will be agreeable to the coal seam owners.
(a) At the time and place fixed by thechairmanchair for the meeting of the board and for consideration of an application to establish a drilling unit, the applicant shall present proof that the drilling location on the proposed drilling unit has been agreed to by all of the owners of the coal seams underlying such drilling location; and thereafter the applicant, the royalty owners of the gas underlying the tracts comprising the unit, and the gas operators of the tracts comprising the unit or such of them as are present or represented, shall hold a conference with the board to consider the application. Such persons present or represented at the conference may agree upon the boundary of the drilling unit as proposed by the applicant or as changed to satisfy all valid objections of those persons present or represented. Any change in the boundary of the drilling unit from the boundary proposed by the applicant shall be shown on the plat filed with the board as part of the application. If agreement is reached at the conference upon the boundary of the drilling unit among the applicants, the royalty owners of the gas underlying the tracts comprising the drilling unit and the gas operators of the tracts comprising such unit, or such of them as are present or represented, and if such agreement is approved by the board, the board shall issue a written order establishing and specifying the boundary of the drilling unit.
(a) Whenever the board establishes a drilling unit pursuant to the provisions of sections nine and ten of this article, the order establishing such drilling unit shall include an order pooling the separately owned interests in the gas to be produced from such drilling unit.
(a) An order issued by the board establishing a drilling unit and ordering the pooling of interests therein shall not entitle the gas operator designated in such order to drill a well on such drilling unit until such gas operator shall have received a drilling permit in accordance with the provisions applicable to alternative drilling locations set out in section seventeen, articleonesix, chaptertwenty-two-btwenty-two of this code. All orders issued by the board establishing a drilling unit shall be filed with the director and shall also direct the director to issue a drilling permit for the drilling location agreed to by all of the owners of the coal seams underlying such drilling location.
(a) Any person adversely affected by an order of the board shall be entitled to judicial review thereof. All of the pertinent provisions of section four, article five, chapter twenty-nine-a of this code shall apply to and govern such judicial review with like effect as if the provisions of said section four were set forth in extenso in this section.
All operations including, but not limited to, the commencement, drilling or operation of a well upon a drilling unit for which a pooling order has been entered, shall be deemed for all purposes the conduct of such operations upon each separately owned tract in the drilling unit by the several owners thereof. That portion of the production allocated to a separately owned tract included in a drilling unit shall, when produced, be deemed for all purposes to have been actually produced from such tract by a well drilled thereon.
No agreement between or among gas operators, lessees or other owners of gas rights in gas properties, entered into pursuant to the provisions of this article or with a view to or for the purpose of bringing about the unitized development or operation of such properties, shall be held to violate the statutory or common law of this state prohibiting monopolies or acts, arrangements, contracts, combinations or conspiracies in restraint of trade or commerce.
(a) Whenever it appears to the board that any person has been or is violating or is about to violate any provision of this article, any ruleand regulationpromulgated by the board hereunder or any order or final decision of the board, the board may apply in the name of the state to the circuit court of the county in which the violations or any part thereof has occurred, is occurring or is about to occur, or to the judge thereof in vacation, for an injunction against such person and any other persons who have been, are or are about to be, involved in any practices, acts or omissions, so in violation, enjoining such person or persons from any such violation or violations. Such application may be made and prosecuted to conclusion whether or not any such violation or violations have resulted or shall result in prosecution or conviction under the provisions of section seventeen of this article.
(a) Any person who violates any provision of this article, any of the rulesand regulationspromulgated by the board hereunder or any order of the board other than a violation governed by the provisions of subsection (b) of this section, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than one thousand dollars.
This article shall be liberally construed so as to effectuate the declaration of public policy set forth in section one of this article.
The rulesand regulationspromulgated and all orders and permits in effect upon the effective date of this article pursuant to the provisions of articlefour-bseven, of former chapter twenty-two of this code shall remain in full force and effect as if such rules,regulationsorders and permits were adopted by the board continued in this article but all such rules,regulations,orders and permits shall be subject to review by the board to ensure they are consistent with the purposes and policies set forth in this chapter and chaptertwenty-two-btwenty-two of this code.
(a) It is hereby declared to be the public policy of this state and in the public interest to:
(a) Unless the context in which used clearly requires a different meaning, as used in this article:
(a) Except as provided in subsection (b) of this section, the provisions of this article shall apply to all lands located in this state, however owned, including any lands owned or administered by any government or any agency or subdivision thereof, over which the state has jurisdiction under its police power. The provisions of this article are in addition to and not in derogation of or substitution for the provisions of articleonesix, chaptertwenty-two-btwenty-two of this code.
§ 22C-9-4.
(a) There is hereby continued as provided for in subsection (h) of this section, the"West Virginia"Oil and Gas Conservation Commission" which shall be composed of five members. The director of the division of environmental protection and thedirector forchief of the office of oil and gas shall be members of the commission ex officio. The remaining three members of the commission shall be appointed by the governor, by and with the advice and consent of the Senate. Of the three members appointed by the governor, one shall be an independent producer and at least one shall be a public member not engaged in full-time employment in an activity under the jurisdiction of the public service commission or the federal energy regulatory commission. As soon as practical after appointment of the members of the commission, the governor shall call a meeting of the commission to be convened at the state capitol for the purpose of organizing and electing achairmanchair.
(a) The commissioner may promulgate such reasonable rulesandregulationsashethe commissioner may deem necessary or desirable to implement and make effective the provisions of this article and the powers and authority conferred and the duties imposed uponhimthe commissioner under the provisions of this article and for securing uniformity of procedure in the administration of the provisions of article three, chapter twenty-nine-a of this code.
Waste of oil or gas is hereby prohibited.
(a)Drilling units .
Upon the application of any operator in a pool productive of oil and after notice and hearing, the commissioner may enter an order requiring the unit operation of such pool in connection with a program of secondary recovery of oil, and providing for the unilization of separately owned tracts and interests within such pool, but only after finding that: (1) The order is reasonably necessary for the prevention of waste and the drilling of unnecessary deep wells; (2) the proposed plan of secondary recovery will increase the ultimate recovery of oil from the pool to such an extent that the proposed secondary recovery operation will be economically feasible; (3) the production of oil from the unitized pool can be allocated in such a manner as to ensure the recovery by all operators of their just and equitable share of such production; and (4) the operators of at least three fourths of the acreage (calculating partial interests on a pro rata basis for operator interests on any parcel owned in common) and the royalty owners of at least three fourths of the acreage (calculating partial interests on a pro rata basis for royalty interests on any parcel owned in common) in such pool have approved the plan and terms of unit operation to be specified by the commissioner in its order, such approval to be evidenced by a written contract setting forth the terms of the unit operation and executed by said operators and said royalty owners, and filed with the commissioner on or before the day set for hearing. The order requiring such unit operation shall designate one operator in the pool as unit operator and shall also make provision for the proportionate allocation to all operators of the costs and expenses of the unit operation, including reasonable charges for supervision and interest on past-due accounts, which allocation shall be in the same proportion that the separately owned tracts share in the production of oil from the unit. In the absence of an agreement entered into by the operators and filed with the commissioner providing for sharing the costs of capital investment in wells and physical equipment, and intangible drilling costs, the commissioner shall provide by order for the sharing of such costs in the same proportion as the costs and expenses of the unit operation:Provided, That any operator who has not consented to the utilization shall not be required to contribute to the costs or expenses of the unit operation, or to the cost of capital investment in wells and physical equipment, and intangible drilling costs, except out of the proceeds from the sale of the production accruing to the interest of such operator: Provided, however, That no credit to the well costs shall be adjusted on the basis of less than the average well costs within the unitized area: Provided further, That no order entered under the provisions of this section requiring unit operation shall vary or alter any of the terms of any contract entered into by operators and royalty owners under the provisions of this section.
No agreement between or among operators, lessees or other owners of oil or gas rights in oil and gas properties, entered into pursuant to the provisions of this article or with a view to or for the purpose of bringing about the unitized development or operation of such properties, shall be held to violate the statutory or common law of this state prohibiting monopolies or acts, arrangements, contracts, combinations or conspiracies in restraint of trade or commerce.
(a) Upon receipt of an application for an order of the commissioner for which a hearing is required by the provisions of this article, the commissioner shall set a time and place for such hearing not less than ten and not more than thirty days thereafter. Any scheduled hearing may be continued by the commissioner uponhisthe commissioner's own motion or for good cause shown by any party to the hearing. All interested parties shall be entitled to be heard at any hearing conducted under the provisions of this article.
(a) Any person adversely affected by a decision of the commissioner rendered after a hearing held in accordance with the provisions of section ten of this article shall be entitled to judicial review thereof. All of the pertinent provisions of section four, article five, chapter twenty-nine-a of this code, shall apply to and govern such judicial review with like effect as if the provisions of said section four were set forth in extenso in this section.
(a) Whenever it appears to the commissioner that any person has been or is violating or is about to violate any provision of this article, any reasonable ruleand regulationpromulgated by the commissioner hereunder or any order or final decision of the commissioner, the commissioner may apply in the name of the state to the circuit court of the county in which the violations or any part thereof has occurred, is occurring or is about to occur, or the judge thereof in vacation, for an injunction against such person and any other persons who have been, are or are about to be, involved in any practices, acts or omissions, so in violation, enjoining such person or persons from any such violation or violations. Such application may be made and prosecuted to conclusion whether or not any such violation or violations have resulted or shall result in prosecution or conviction under the provisions of section fourteen of this article.
Owners of leases on oil and gas for the exploration, development or production of oil or natural gas shall pay to the commission a special oil and gas conservation tax of three cents for each acre under lease, excluding from the tax the first twenty-five thousand acres. The commission shall deposit with the treasurer of the state of West Virginia, to the credit of the special oil and gas conservation fund, all taxes collected hereunder. The special oil and gas conservation fund shall be a special fund and shall be administered by the commission for the sole purpose of carrying out all costs necessary to carry out the provisions of this article. This tax shall be paid as provided herein annually on or before the first day of July, one thousand nine hundred seventy-two, and on or before the first day of July in each succeeding year.
(a) Any person who violates any provision of this article, any of the reasonable rulesand regulationspromulgated by the commissioner hereunder or any order or any final decision of the commissioner, other than a violation covered by the provisions of subsection (b) of this section, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than one thousand dollars, and each day that a violation continues shall constitute a new and separate violation.
Except as provided in subsection (c), section three of this article, this article shall be liberally construed so as to effectuate the declaration of public policy set forth in section one of this article.
The rulesand regulationspromulgated and all orders and permits in effect upon the effective date of this article pursuant to the provisions of articlefour-aeight, of former chapter twenty-two of this code shall remain in full force and effect as if such rules,regulations,orders and permits were adopted by the director established in this chapter but all such rules,regulations,orders and permitsshall beare subject to review by the commissioner to ensure they are consistent with the purposes and policies set forth in this chapter and chaptertwenty-two-btwenty-two of this code.
§ 22C-10-1.
The "Interstate Mining Compact" is hereby continued in law and continued in effect with all other jurisdictions legally joining therein in the form substantially as follows:
§ 22C-10-2.22-2-2. Bylaws of interstate mining commission.
In accordance with Article V (i) of the interstate mining compact, the commission shall file copies of its bylaws and any amendments thereto in the office of the secretary of state of West Virginia.
§ 22C-10-3.22-2-3. Effective date.
This article is effective as of the first day of July, one thousand nine hundred seventy-two.
ARTICLE1C. 11. INTERSTATE COMMISSION ON THE POTOMAC RIVER BASIN.
§ 22C-11-1.29-1C-1. Creation of commission; members; terms; compact with other political units.
There is hereby created a commission consisting of three members, to act jointly with commissioners appointed for like purposes by the commonwealths of Pennsylvania and Virginia, the state of Maryland, and the District of Columbia, and an additional three members to be appointed by the president of the United States, and which, together with the other commissioners appointed as hereinbefore mentioned, shall constitute and be known as the "interstate commission on the Potomac River basin." The said commission of the state of West Virginia shall consist of three members. The governor, by and with the advice and consent of the Senate, shall appoint two persons as two of such commissioners, each of whom shall be a resident and citizen of this state. The terms of one of the said two commissioners first appointed shall be three years and of the other shall be six years; and their successors shall be appointed by the governor, by and with the advice and consent of the Senate, for terms of six years each. Each commissioner shall hold office until his successor shall be appointed and qualified. Vacancies occurring in the office of any such commissioner for any reason or cause shall be filled by appointment by the governor, by and with the advice and consent of the Senate, for the unexpired term. The third commissioner from this stateshall beis thestate directorofcommissioner of the bureau of public health ex officio, and the term ofany suchthe ex officio commissionershall terminateterminates at the time he ceases to hold said office.of statedirector of health, and his successor as a commissioner shall behis successor as said state director of health.Said ex officio commissioner may delegate, from time to time, to any deputy or other subordinate in hisdepartmentdivision or office, the power to be present and participate, including voting, as his representative or substitute at any meeting of or hearing by or other proceeding of the commission. The term of each of the initial three members shall begin at the date of the appointment of the two appointive commissioners: Provided, That the compact hereinafter referred to shall then have gone into effect, in accordance with article six thereof, otherwise to begin upon the date said compact shall become effective, in accordance with said article six.
§ 22C-11-2.29-1C-2. Appointment of alternates.
The governor, by and with the consent of the Senate, shall appoint an alternate member for the two members of the commission who are not ex officio, and each alternate shall have power to act in the absence of the person for whom he is alternate. The governor shall appoint the first alternates hereunder on or before July first, one thousand nine hundred forty-nine, the term of each alternate to run concurrently with the term of the member for whom he is alternate.
§ 22C-11-3.29-1C-3. Expenses of commission; appropriation; officers and employees; meetings.
The commissioners shall be reimbursed, out of moneys appropriated for such purposes, all sums which they necessarily shall expend in the discharge of their duties as members of such commission.
§ 22C-11-4.§29-1C-4. Effective date; findings; termination date.
This article shall become effective upon the adoption of substantially similar amendments to the interstate compact by each of the signatory states to the compact, and upon the approval of the amendments to the compact by the Congress of the United States.
§ 22C-11-5.29-1C-5. Restrictions.
Neither the governor of the state of West Virginia nor any member of the commission aforesaid, representing the state of West Virginia, shall consent to the construction of any dam, whether in the state of West Virginia, or without this state, which shall flood lands in this state, without the express consent of the Legislature.
ARTICLE1D. 12. OHIO RIVER VALLEY WATER SANITATION COMMISSION.
§ 22C-12-1.29-1D-1. Ohio River valley water sanitation compact approved.
The following Ohio River valley water sanitation compact, which has been negotiated by representatives of the states of Illinois, Indiana, Kentucky, New York, Ohio, Pennsylvania, Tennessee and West Virginia, is hereby approved, ratified, adopted, enacted into law, and entered into by the state of West Virginia as a party thereto and signatory state, namely:
§ 22C-12-2.29-1D-2. Appointment of members of commission; state director of health member ex officio.
In pursuance of article four of said compact, there shall be three members of the "Ohio River valley water sanitation commission" from the state of West Virginia. The governor, by and with the advice and consent of the Senate, shall appoint two persons as two of such commissioners, each of whom shall be a resident and citizen of this state. The terms of one of the said two commissioners first appointed shall be three years and of the other shall be six years; and their successors shall be appointed by the governor, by and with the advice and consent of the Senate for terms of six years each. Each commissioner shall hold office until his successor shall be appointed and qualified. Vacancies occurring in the office of any such commissioner from any reason or cause shall be filled by appointment by the governor, by and with the advice and consent of the Senate, for the unexpired term. The third commissioner from this stateshall beis thestate director ofcommissioner of the bureau of public health, ex officio, and the term ofany suchthe ex officio commissionershall terminateterminates at the time he ceases to hold said office.of state director of health, and his successor as acommissioner shall be his successor as said state director ofhealth.With the exception of the issuance of any order under the provisions of article nine of the compact, said ex officio commissioner may delegate, from time to time, to any deputy or other subordinate in hisdepartmentdivision or office, the power to be present and participate, including voting, as his representative or substitute at any meeting of or hearing by or other proceeding of the commission. The terms of each of the initial three members shall begin at the date of the appointment of the two appointive commissioners, provided the said compact shall then have gone into effect in accordance with article eleven of the compact; otherwise shall begin upon the date which said compact shall become effective in accordance with said article eleven.
§ 22C-12-3.29-1D-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 all the powers provided for in the said compact and all the powers necessary or incidental to the carrying out of said compact in every particular. All officers of this state are hereby authorized and directed to do all things falling within their respective provinces and jurisdiction necessary to or incidental to the carrying out of said compact in every particular; it being hereby declared to be the policy of this state to perform and carry out the said compact and to accomplish the purposes thereof. All officers, bureaus, departments and persons of and in the state government or administration of this state of West Virginia are hereby authorized and directed at convenient times and upon request of the said commission to furnish the said commission with information and data possessed by them or any of them and to aid said commission by loan of personnel or other means lying within their legal powers respectively.
§ 22C-12-4.29-1D-4. Powers granted herein supplemental to other powers vested in commission.
Any powers herein granted to the commission shall be regarded as in aid of and supplemental to and in no case a limitation upon any of the powers vested in said commission by other laws of this state or by the laws of the states of Illinois, Indiana, Kentucky, New York, Ohio, Pennsylvania, Tennessee, or by Congress or the terms of said compact.
§ 22C-12-5.29-1D-5. Expenses of commission; appropriations; officers and employees; meetings.
The commissioners shall be reimbursed out of moneys appropriated for such purposes, all sums which they necessarily shall expend in the discharge of their duties as members of such commission.
§ 22C-12-6.29-1D-6. When article effective; findings; continuation.
This article shall take effect and become operative and the compact be executed for and on behalf of this state only from and after the approval, ratification, and adoption and entering into thereof by the states of New York, Pennsylvania, Ohio and Virginia.
CHAPTER 23. WORKERS' COMPENSATION.
ARTICLE 4. DISABILITY AND DEATH BENEFITS.
§ 23 - 4 - 2. Disbursement where injury is self - inflicted or intentionally caused by employer; legislative declarations and findings; "deliberate intention" defined.
(a) Notwithstanding anything hereinbefore or hereinafter contained, no employee or dependent of any employeeshall beis entitled to receive any sum from the workers' compensation fund, or to direct compensation from any employer making the election and receiving the permission mentioned in section nine, article two of this chapter, or otherwise under the provisions of this chapter, on account of any personal injury to or death to any employee caused by a self-inflicted injury or the intoxication of such employee. For the purpose of this chapter, the commissioner may cooperate with thedivision of energyoffice of miners' health, safety and training and the statedepartmentdivision of labor in promoting general safety programs and in formulating rulesand regulationsto govern hazardous employments.
ARTICLE 2. POWERS AND DUTIES OF PUBLIC SERVICE COMMISSION.
§ 24-2-1b. Additional jurisdiction of commission.
Effective the first day of July, one thousand nine hundred eighty-eight, in addition to all other powers and duties of the commission as defined in this article, the commission shall establish, prescribe and enforce rates and fees charged by commercial solid waste facilities, as defined in section two, articlefive-ffifteen, chaptertwentytwenty-two of this code, that are owned or under the direct control of persons or entities who are regulated under section five, article two, chapter twenty-four-a of this code. The commission shall establish, prescribe and enforce rulesand regulationsproviding for the safe transportation of solid waste in the state.
§ 24-2-1c. Certificate of need required for solid waste facilities; priority of disposal.
(a) Any person who holds a valid permit, compliance order or administrative order allowing continued operation of a commercial solid waste facility in this state on the first day of September, one thousand nine hundred ninety-one, shall submit an application for a certificate of need with the public service commission, on forms prescribed by the commission, prior to the first day of March, one thousand nine hundred ninety-two. The commission shall grant such application within sixty days after submission of a complete application.
Effective the first day of July, one thousand nine hundred eighty-nine, in addition to all other powers and duties of the commission as defined in this article, the commission shall establish, prescribe and enforce rates and fees charged by commercial solid waste facilities, as defined in subsection (b), section two, articleProvided, That an owner of a commercial solid waste facility that is not in existence on theninefour, chaptertwentytwenty-two-c of this code:
(a) Upon the petition of any county or regional solid waste authority, motor carrier or solid waste facility, or upon the commission's own motion, the commission may issue an order that solid waste generated in the surrounding geographical area of a solid waste facility and transported for processing or disposal by solid waste collectors and haulers who are "motor carriers", as defined in chapter twenty-four-a of this code, be processed or disposed of at a designated solid waste facility or facilities:Provided, That such order shall not include:
(a) Notwithstanding any provision of this article, or any provision of articlefive-f or nine, chapter twentyfifteen, chapter twenty-two or article four chapter twenty-two-c, or any other provision of this code, upon the application of any commercial solid waste facility, the commission may grant to a commercial solid waste facility an emergency certificate of need to increase the maximum monthly solid waste disposal tonnage, for a period not to exceed one year, to the extent deemed necessary to prevent any disruption of solid waste disposal services in any county or wasteshed of the state resulting from the closure of an existing landfill in said county or wasteshed. The authority granted to the commission under this section shall expire after the thirtieth day of September, one thousand nine hundred ninety-three. No temporary certificate issued pursuant to this section shall extend beyond the thirtieth day of September, one thousand nine hundred ninety-four. The director of the division of environmental protection shall modify any commercial solid waste facility permit, issued under articlefive-ffifteen, chaptertwentytwenty-two of this code, to conform with the maximum monthly solid waste disposal tonnage and any other terms and conditions set forth in a temporary certificate issued under this section.
(a) The rates and charges of electric cooperatives, natural gas cooperatives and municipally operated public utilities, except for municipally operated commercial solid waste facilities as defined in sectiontwo-htwo, articlefive-ffifteen, chaptertwentytwenty-two of this code, and the rates and charges for local exchange services provided by telephone cooperatives are not subject to the rate approval provisions of section four or four-a of this article, but are subject to the limited rate provisions of this section.
ARTICLE 2B. WEATHER MODIFICATION.
§ 29 - 2B - 11. Enforcement of article.
In order to enforce the provisions of this article, the West Virginia state police shall, on request of the commission, assign at least one trooper and one investigator to an area where unlawful cloud seeding is suspected. If such police request the same, the commission shall assign an airplane and pilot. Air samples shall be taken by theWest Virginia air pollution controlcommissionthe division of environmental protection if requested by the state police or the commission. For such enforcement purposes, thestate department ofbureau of public health shall furnish such technical services as the commission or director may request.
ARTICLE 3. FIRE PREVENTION AND CONTROL ACT.
§ 29 - 3 - 5a. Hazardous substance emergency response training programs.
(a) Within one hundred twenty days of the effective date of this section, the state fire commission shall promulgate rulesand regulationspursuant to chapter twenty-nine-a of this code establishing criteria for qualified training programs in hazardous substance emergency response activities and procedures for such qualified training programs to be certified by the state fire marshal.
ARTICLE 16. WEST VIRGINIA STEEL FUTURES PROGRAM.
§ 31-16-4. Steel futures program.
The commission shall develop and recommend a strategy for financial and technical assistance to steel and steel-related industries in the state. The strategy shall include investment policies with regard to these industries. In administering the program, the commission shall consult with appropriate representatives of steel, and steel-related industries, appropriate representatives of any union that represents workers in these industries, and any other persons with expert knowledge of these industries. The commission shall consult with the chairman of the public service commission to foster the development of public and private cooperative efforts that would result in energy savings and reduced energy costs for steel and steel-related industries. The commission shall consult with theair pollution control commission, the division of solid wastemanagement, the water resources board, groundwater conservationagenciesdivision of environmental protection and other agencies with which the steel industry must interact to assist the steel industry in adhering to regulations in a manner conducive to economic viability. Assistance may be made available to steel and steel-related industries undertaking projects the commission determines to have long-term implications for and broad applicability to the economy of this state when the secretary of the department of commerce, labor and environmental resources finds that:
ARTICLE 18. WEST VIRGINIA HOUSING DEVELOPMENT FUND.
§ 31 - 18 - 20a. Land development fund.
(a) The board of directors of the housing development fund may create and establish a special revolving fund of moneys made available by appropriation, grant, contribution or loan, to be known as the land development fund and to be governed, administered and accounted for by the directors, officers and managerial staff of the housing development fund as a special purpose account separate and distinct from any other moneys, fund or funds owned and managed by the housing development fund.
(a) There is hereby created the West Virginia community infrastructure authority. The authority is a governmental instrumentality of the state and a body corporate. The exercise by the authority of the powers conferred by this article and the carrying out of its purposes and dutiesshall be deemed and heldto be, and are hereby determined to be,are essential governmental functions and for a public purpose.
ARTICLE 4. COVENANTS.
§ 36 - 4 - 9a. Cancellation of oil or gas leases for nonpayment of delay rental; prohibition against maintaining actions or proceedings in state courts for enforcement of certain oil or gas leases; rebuttable presumption of intention to abandon well and well equipment.
Except in the case where operations for the drilling of a well are being conducted thereunder, any undeveloped lease for oil and/or gas in this state hereafter executed in which the consideration therein provided to be paid for the privilege of postponing actual drilling or development or for the holding of said lease without commencing operations for the drilling of a well, commonly called delay rental, has not been paid when due according to the terms of such lease, or the terms of any other agreement between lessor and lessee, shall be null and void as to such oil and/or gas unless payment thereof shall be made within sixty days from the date upon which demand for payment in full of such delay rental has been made by the lessor upon the lessee therein, as hereinafter provided, except in such cases where a bona fide dispute shall exist between lessor and lessee as to any amount due or entitlement thereto or any part thereof under such lease.
ARTICLE 7. ACTIONS FOR INJURIES.
§ 55 - 7 - 17. Aid by trained hazardous substance response personnel; immunity from civil liability; definitions.
No person trained in a qualified program of hazardous substance emergency response certified by the state fire marshal pursuant to rulesand regulationspromulgated by authority of subsection (a), section five-a, article three, chapter twenty-nine of this code, who in good faith renders advice or assistance at the scene of an actual or threatened discharge of any hazardous substance and receives no remuneration for rendering such advice or assistance, is liable for any civil damages as the result of any act or omission in rendering such advice or assistance: Provided, That the exemption from liability for civil damages of this section shall be extended to any such person who receives reimbursement for out-of-pocket expenses incurred in rendering such advice or assistance or compensation from his or her regular employer for the time period during which he or she was actually engaged in rendering such advice or assistance butshallis notbeextended to any such person who by his or her act or omission caused or contributed to the cause of such actual or threatened discharge of any hazardous substance.
ARTICLE 12A. LEASE AND CONVEYANCE OF MINERAL INTERESTS OWNED BY MISSING OR UNKNOWN OWNERS OR ABANDONING OWNERS.
§ 55 - 12A - 2. Definitions.
As used in this article, the following definitions shall apply:
ARTICLE 3. CRIMES AGAINST PROPERTY.
§ 61 - 3 - 47. Dams or obstructions in watercourses; penalty.
No personshallmay fell any timber and permit the same to remain in any navigable or floatable stream of this state when to do soshall obstructobstructs the passage of boats, rafts, staves, ties or timber of any kind.
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PROPOSED CURRENT PROPOSED
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20-5-1Repealed 20-5-1aSee 22-11-1 20-5-2See 22-11-3 20-5-3See 22B-1-4 & 22B-3-1 20-5-422-11-28 20-5-5See 22-11-4 20-5-6Repealed 20-5-7Repealed 20-5-8Repealed 20-5-9Repealed 20-5-10Repealed 20-5-11Repealed 20-5-12Repealed 20-5-13Repealed 20-5-1422-11-5 20-5-1520-7-28 20-5-16See Current 2-2-10(cc) 20-5A-122-11-2 20-5A-222-11-3 20-5A-322-11-4 20-5A-3a22-11-6 20-5A-422-11-7 20-5A-522-11-8 20-5A-622-11-9 20-5A-6a22-11-10 20-5A-722-11-11 20-5A-822-11-12 20-5A-8a22-11-13 20-5A-8bRepealed but see 22-11-11 (b) 20-5A-922-11-14 20-5A-1022-11-15 20-5A-1122-11-16 20-5A-11a22-11-17 20-5A-1222-11-18 20-5A-12a22-11-19 20-5A-1422-11-20 20-5A-1522-11-21 20-5A-16See 22B-1-7 & 9 & 22B-3-3 20-5A-1722-11-22 20-5A-1822-11-23 20-5A-1922-11-24 20-5A-19a22-11-25 20-5A-2022-11-26 20-5A-2122-11-1 20-5A-2222-11-27 20-5A-23Repealed 20-5A-24See current 2-2-10(cc) 20-5B-122-13-2 20-5B-222-13-3 20-5B-322-13-4 20-5B-422-13-5 20-5B-522-13-6 20-5B-622-13-7 20-5B-722-13-8 20-5B-822-13-9 20-5B-922-13-10 & See 22B-1-7 20-5B-1022-13-11 20-5B-11See 22B-1-9 & 22B-3-3 20-5B-1222-13-12 20-5B-1322-13-13 20-5B-1422-13-14 20-5B-1522-13-15 20-5B-1622-13-1 20-5B-17See current 2-2-10(cc) 20-5C-122C-1-1 20-5C-222C-1-2 20-5C-322C-1-3 20-5C-422C-1-4 20-5C-522C-1-5 20-5C-622C-1-6 20-5C-6a22C-1-7 20-5C-722C-1-8 20-5C-822C-1-9 20-5C-922C-1-10 20-5C-9a22C-1-11 20-5C-1022C-1-12 20-5C-1122C-1-13 20-5C-1222C-1-14 20-5C-1322C-1-15 20-5C-1422C-1-16 20-5C-1522C-1-17 20-5C-1622C-1-18 20-5C-16a22C-1-19 20-5C-16b22C-1-20 20-5C-1722C-1-21 20-5C-1822C-1-22 20-5C-1922C-1-23 20-5C-2022C-1-24 20-5C-2122C-1-25 20-5C-2222C-1-26 20-5C-23See current 2-2-10(cc) 20-5C-2422C-1-27 20-5D-122-14-1 20-5D-222-14-2 20-5D-322-14-3 20-5D-422-14-4 20-5D-522-14-5 20-5D-622-14-6 20-5D-722-14-7 20-5D-822-14-8 20-5D-922-14-9 20-5D-1022-14-10 20-5D-1122-14-11 20-5D-1222-14-12 20-5D-1322-14-13 20-5D-1422-14-14 20-5D-1522-14-15 20-5D-1622-14-16 20-5D-1722-14-17 20-5D-1822-14-18 20-5D-19Repealed 20-5E-122-18-1 20-5E-222-18-2 20-5E-322-18-3 20-5E-422-18-4 20-5E-522-18-5 20-5E-622-18-6 20-5E-722-18-7 20-5E-822-18-8 20-5E-8a22-18-9 20-5E-922-18-10 20-5E-1022-18-11 20-5E-1122-18-12 20-5E-1222-18-13 20-5E-1322-18-14 20-5E-1422-18-15 20-5E-1522-18-16 20-5E-1622-18-17 20-5E-1722-18-18 20-5E-1822-18-19 20-5E-1922-18-20 & See 22B-1-7 20-5E-2022-18-21 20-5E-2122-18-22 20-5E-2222-18-23 20-5E-2322-18-24 20-5E-2422-18-25 20-5E-25Repealed 20-5F-122-15-1 20-5F-222-15-2 20-5F-2a22-15-3 20-5F-2b22-15-20 20-5F-322-15-4 20-5F-422-15-5 20-5F-4a22-15-6 20-5F-4b22-15-7 20-5F-4c22-15-8 20-5F-4d22-15-9 20-5F-522-15-10 20-5F-5a22-15-11 20-5F-5b22-15-12 20-5F-5c22-15-13 20-5F-5d22-15-14 20-5F-622-15-15 20-5F-722-15-16 20-5F-822-15-17 20-5F-922-15-18 20-5F-1022-15-19 20-5F-11Repealed 20-5F-12Repealed 20-5G-122-19-1 20-5G-222-19-2 20-5G-322-19-3 20-5G-422-19-4 20-5G-522-19-5 20-5G-622-19-6 20-5H-122-17-1 20-5H-222-17-2 20-5H-322-17-3 20-5H-422-17-4 20-5H-522-17-5 20-5H-622-17-6 20-5H-722-17-7 20-5H-822-17-8 20-5H-922-17-9 20-5H-1022-17-10 20-5H-1122-17-11 20-5H-1222-17-12 20-5H-1322-17-13 20-5H-1422-17-14 20-5H-1522-17-15 20-5H-1622-17-16 20-5H-1722-17-17 20-5H-1822-17-18 & See 22B-1-7 20-5H-1922-17-19 20-5H-2022-17-20 20-5H-2122-17-21 20-5H-2222-17-22 20-5H-2322-17-23 20-5I-122C-2-1 20-5I-222C-2-2 20-5I-322C-2-3 20-5I-422C-2-4 20-5I-522C-2-5 20-5I-622C-2-6 20-5I-722C-2-7 20-5I-822C-2-8 20-5M-122-12-1 20-5M-222-12-2 20-5M-322-12-3 20-5M-422-12-4 20-5M-522-12-5 20-5M-622-12-6 20-5M-722-12-7 20-5M-822-12-8 20-5M-922-12-9 20-5M-1022-12-10 20-5M-1122-12-11 20-5M-1222-12-12 20-5M-1322-12-13 20-5M-14Repealed 20-5M-1522-12-14 20-5M-16See current 2-2-10(cc) 20-5N-122-16-1 20-5N-222-16-2 20-5N-322-16-3 20-5N-422-16-4 20-5N-4a22-16-5 20-5N-4b22-16-6 20-5N-4c22-16-7 20-5N-4d22-16-8 20-5N-4e22-16-9 20-5N-522-16-10 20-5N-622-16-11 20-5N-722-16-12 20-5N-822-16-13 20-5N-922-16-14 20-5N-1022-16-15 20-5N-1122-16-16 20-5N-1222-16-17 20-5N-1322-16-18 20-9-122C-4-1 20-9-222C-4-2 20-9-322C-4-3 20-9-422C-4-4 20-9-522C-4-5 20-9-5a22C-4-6 20-9-622C-4-7 20-9-722C-4-8 20-9-822C-4-9 20-9-922C-4-10 20-9-1022C-4-11 20-9-10a22C-4-12 20-9-10b22C-4-13 20-9-10c22C-4-14 20-9-10d22C-4-15 20-9-10e22C-4-16 20-9-10f22C-4-17 20-9-10g22C-4-18 20-9-10h22C-4-19 20-9-10i22C-4-20 20-9-10j22C-4-21 20-9-1122C-4-22 20-9-1222C-4-23 20-9-12a22C-4-24 20-9-12b22C-4-25 20-9-12c22C-4-26 20-9-12d22C-4-27 20-9-12e22C-4-28 20-9-12f22C-4-29 20-9-1322C-4-30 20-10-122C-5-2 20-10-222C-5-3 20-10-322C-5-4 20-10-422C-5-5 20-10-522C-5-6 20-10-622C-5-7 20-10-722C-5-8 20-10-822C-5-1 20-10A-122C-6-1 20-10A-222C-6-2 20-10A-322C-6-3 22-1-122-1-1 22-1-222-1-2 22-1-322-1-4 22-1-422-1-5 22-1-522-1-6 22-1-622-1-8 22-1-7Repealed 22-1-8Repealed 22-1-9Repealed 22-1-10Repealed 22-1-11Repealed 22-1-12Repealed 22-1-1322-1-3 22-1-1422-1-10 22-1-1522-1-10 22-1-1622-1-11 22-1-17Repealed but see 22-1-9 22-1-1822-3-32 22-1-19Repealed 22-2-122C-10-1 22-2-222C-10-2 22-2-322C-10-3 22-3-122-2-1 22-3-222-2-2 22-3-322-2-3 22-3-422-2-4 22-3-522-2-5 22-3-622-2-6 22-3-722-2-7 22-3-822-2-8 22-3-922-2-9 22-4-1See 22B-4-1 22-4-2and 22-4-322B-1 22-5-122A-5-1 22-5-222A-5-2 22-6-122A-6-1 22-6-222A-6-2 22-6-322A-6-3 22-6-422A-6-4 22-6-4a22A-6-5 22-6-4b22A-6-6 22-6-4c22A-6-7 22-6-522A-6-8 22-6-622A-6-9 22-6-722A-6-10 22-7-122C-8-1 22-7-222C-8-2 22-7-322C-8-3 22-7-422C-8-4 22-7-522C-8-5 22-7-622C-8-6 22-7-722C-8-7 22-7-822C-8-8 22-7-922C-8-9 22-7-1022C-8-10 22-7-1122C-8-11 22-7-1222C-8-12 22-7-1322C-8-13 22-7-1422C-8-14 22-7-1522C-8-15 22-7-1622C-8-16 22-7-1722C-8-17 22-7-1822C-8-18 22-7-1922C-8-19 22-8-122C-9-1 22-8-222C-9-2 22-8-322C-9-3 22-8-422C-9-4 22-8-522C-9-5 22-8-622C-9-6 22-8-722C-9-7 22-8-822C-9-8 22-8-922C-9-9 22-8-1022C-9-10 22-8-1122C-9-11 22-8-1222C-9-12 22-8-1322C-9-13 22-8-1422C-9-14 22-8-1522C-9-15 22-8-1622C-9-16 22-9-122A-7-1 22-9-222A-7-2 22-9-322A-7-3 22-9-422A-7-4 22-9-522A-7-5 22-9-622A-7-6 22-10-122A-8-1 22-10-222A-8-2 22-10-322A-8-3 22-10-422A-8-4 22-10-522A-8-5 22-10-622A-8-6 22-10-722A-8-7 22-10-822A-8-8 22-10-922A-8-9 22-11-122A-9-1 22-12-122A-10-1 22-12-222A-10-2 22-13-122C-7-1 22-13-222C-7-2 22-13-322C-7-3 22A-1A-122A-1-2 22A-1A-2See 22A-1-2 & 22A-1-6 22A-1A-3Repealed 22A-1A-422A-1-4 22A-1A-5See 22A-1-3 22A-1A-6See 22A-1-3 22A-1A-722A-1-8 22A-1A-822A-1-9 22A-1A-922A-1-10 22A-1A-1022A-1-11 22A-1A-1122A-1-12 22A-1A-11a22A-1-13 22A-1A-1222A-1-14 22A-1A-1322A-1-15 22A-1A-1422A-1-16 22A-1A-1522A-1-17 22A-1A-1622A-1-18 22A-1A-1722A-1-19 22A-1A-1822A-1-20 22A-1A-1922A-1-21 22A-1A-2022A-1-22 22A-1A-2122A-1-23 22A-1A-2222A-1-24 22A-1A-2322A-1-25 22A-1A-2422A-1-26 22A-1A-2522A-1-27 22A-1A-2622A-1-28 22A-1A-2722A-1-29 22A-1A-2822A-1-30 22A-1A-2922A-1-31 22A-1A-3022A-1-32 22A-1A-3122A-1-33 22A-1A-3222A-1-34 22A-1A-3322A-1-35 22A-1A-3422A-1-36 22A-1A-35See current 2-2-10(cc) 22A-3-122-3-1 22A-3-222-3-2 22A-3-322-3-3 22A-3-422-3-4 22A-3-522-3-5 22A-3-622-3-6 22A-3-722-3-7 22A-3-822-3-8 22A-3-922-3-9 22A-3-1022-3-10 22A-3-1122-3-11 22A-3-11a22-3-12 22A-3-1222-3-13 22A-3-1422-3-14 22A-3-1522-3-15 22A-3-1622-3-16 22A-3-1722-3-17 22A-3-1822-3-18 22A-3-1922-3-19 22A-3-2022-3-20 22A-3-2122-3-21 22A-3-2222-3-22 22A-3-2322-3-23 22A-3-2422-3-24 22A-3-2522-3-25 22A-3-2622-3-26 22A-3-2722-3-27 22A-3-2822-3-28 22A-3-29Repealed 22A-3-3022-3-29 22A-3-3122-3-30 22A-3-32See 22A-8-1 22A-3-3322A-1-37 22A-3-34See 22A-2-77 22A-3-3522A-1-38 22A-3-36Repealed 22A-3-3722-3-31 22A-3-38See current 2-1-10(cc) 22A-3-40Repealed 22A-4-122-4-1 22A-4-222-4-2 22A-4-322-4-3 22A-4-422-4-4 22A-4-522-4-5 22A-4-622-4-6 22A-4-722-4-7 22A-4-822-4-8 22A-4-922-4-9 22A-4-1022-4-10 22A-4-1122-4-11 22A-4-1222-4-12 22A-4-1322-4-13 22A-4-1422-4-14 22A-4-1522-4-15 22A-4-1622-4-16 22A-4-1722-4-17 22A-4-18See 22A-1-38 22A-4-19See 22A-2-77 22A-4-2022-4-18 22A-4-2122-4-19 22A-4-2222-4-20 22A-4-2322-4-21 22A-4-24See 22B-1-9 22A-4-2522-4-22 22A-4-2622-4-23 22A-4-27See 22A-8-1 22A-4-28See 22A-1-37 22A-5-122A-3-1 22A-5-222A-3-2 22A-5-322A-3-3 22A-6-122A-4-1 22A-6-222A-4-2 22A-6-322A-4-3 22A-6-422A-4-4 22A-6-522A-4-5 22A-6-622A-4-6 22A-7-122A-1-1 22A-7-2See 22A-1-2 22A-7-322A-1-3 22A-7-422A-1-4 22A-7-5Repealed 22A-7-622A-1-5 22A-7-7Repealed 22A-7-822A-1-6 22A-7-922A-1-7 22B-1-122-6-1 22B-1-222-6-2 22B-1-322-6-3 22B-1-422-6-4 22B-1-522-6-5 22B-1-622-6-6 22B-1-722-6-7 22B-1-822-6-8 22B-1-922-6-9 22B-1-1022-6-10 22B-1-1122-6-11 22B-1-1222-6-12 22B-1-1322-6-13 22B-1-1422-6-14 22B-1-1522-6-15 22B-1-1622-6-16 22B-1-1722-6-17 22B-1-1822-6-18 22B-1-1922-6-19 22B-1-2022-6-20 22B-1-2122-6-21 22B-1-2222-6-22 22B-1-2322-6-23 22B-1-2422-6-24 22B-1-2522-6-25 22B-1-2622-6-26 22B-1-2722-6-27 22B-1-2822-6-28 22B-1-2922-6-29 22B-1-3022-6-30 22B-1-3122-6-31 22B-1-3222-6-32 22B-1-3322-6-33 22B-1-3422-6-34 22B-1-3522-6-35 22B-1-3622-6-36 22B-1-3722-6-37 22B-1-3822-6-38 22B-1-3922-6-39 22B-1-4022-6-40 22B-1-4122-6-41 22B-2-122-7-1 22B-2-222-7-2 22B-2-322-7-3 22B-2-422-7-4 22B-2-522-7-5 22B-2-622-7-6 22B-2-722-7-7 22B-2-822-7-8 22B-2-9See current 2-2-10(cc) 22B-3-122-8-1 22B-3-222-8-2 22B-3-322-8-3 22B-3-422-8-4 22B-3-522-8-5 22B-3-622-8-6 22B-3-722-8-7 22B-3-822-8-8 22B-3-922-8-9 22B-3-1022-8-10 22B-3-1122-8-11 22B-3-1222-8-12 22B-3-1322-8-13 22B-4-122-9-1 22B-4-222-9-2 22B-4-322-9-3 22B-4-422-9-4 22B-4-522-9-5 22B-4-622-9-6 22B-4-722-9-7 22B-4-822-9-8 22B-4-922-9-9 22B-4-1022-9-10 22B-4-1122-9-11 22B-4-1222-9-12 22B-4-1322-9-13 22B-5-122-10-1 22B-5-222-10-2 22B-5-322-10-3 22B-5-422-10-4 22B-5-522-10-5 22B-5-622-10-6 22B-5-722-10-7 22B-5-822-10-8 22B-5-922-10-9 22B-5-1022-10-10 22B-5-1122-10-11 22B-5-1222-10-12 29-1C-122C-11-1 29-1C-222C-11-2 29-1C-322C-11-3 29-1C-422C-11-4 29-1C-522C-11-5 29-1D-122C-12-1 29-1D-222C-12-2 29-1D-322C-12-3 29-1D-422C-12-4 29-1D-522C-12-5 29-1D-622C-12-6 |