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Chapter 22     Entire Code
‹ Chapter 21A  |  Chapter 22A › Printer Friendly Versions
Chapter 22  |  Article 22 - 23A
WVC 22- CHAPTER 22. ENVIRONMENTAL RESOURCES.
WVC 22 - 23 A- ARTICLE 23A. ENVIRONMENTAL IMPACT STATEMENT.

WVC 22 - 23 A- 1 §22-23A-1. Findings.
The Legislature finds:

(1) The coal industry is and has been for many years an integral part of the economic and social fabric of the state;

(2) That whole communities in this state rely in large part, if not completely, on the coal industry for their continuing vitality;

(3) That over the last decade changes in the mining industry have necessitated the development of diverse mining techniques;

(4) The coal industry remains essential to economic growth and progress in West Virginia and the United States. Coal continues to sustain our economy and provides the financial security as future diversity and expansion of our job base is explored;

(5) The state of West Virginia, through the division of environmental protection, entered into an agreement on the twenty-third day of December, one thousand nine hundred ninety-eight, which imposed additional controls and oversight on the states' mine permitting process by the U.S. corps of engineers, U.S. environmental protection agency, U.S. office of surface mining and the U.S. fish and wildlife service;

(6) The agreement of the twenty-third day of December, one thousand nine hundred ninety-eight further authorized the division of environmental protection, in conjunction with the U.S. environmental protection agency, the U.S. fish and wildlife service, the U.S. army corps of engineers and the U.S. office of surface mining to undertake a two-year study of the effects of mountaintop mining practices which remains incomplete as of the effective date of this article;

(7) The state has committed significant funding and other resources to the study;

(8) The study is unprecedented in this country in its purpose and scope;

(9) The environmental impact statement which will be prepared upon the completion of the study may give rise to consideration of new or revised regulations, policies, guidelines or requirements which are untried or untested anywhere in this country;

(10) It is imperative that balance be sought between state rules designed to regulate and protect the environment and the state regulations designed to enhance the ability of the state to continue to market West Virginia coal throughout the nation and the world; and

(11) Requiring West Virginia, through new or amended policies, regulations, enforcement or permitting actions to meet requirements more stringent than those otherwise applicable in other states by the federal government and unnecessary for environmental protection would unfairly affect interstate competition for new mining development and employment opportunities.

Wherefore the Legislature finds that prior to the implementation of any recommendation arising from the study that the Legislature has an obligation to review the same to protect the interests of the state and the citizens.

WVC 22 - 23 A- 2 §22-23A-2. Requiring department of environmental protection to refrain from implementing or adopting rules or making certain commitments absent legislative approval; reporting required.
(a) The division of environmental protection may not enter into any legally enforceable commitments related to the implementation of any recommendation which results from the mountaintop mining/valley fill environmental impact statement with any agency of the federal government unless the terms of the commitment are reported to the Legislature.

(b) The division of environmental protection may not adopt or modify any rule, in whole or in part, to implement a recommendation resulting from the mountaintop mining/valley fill environmental impact statement except by legislative rule promulgated pursuant to article three, chapter twenty-nine-a of this code.

(c) Within ninety days of receipt of any final recommendation from any agency of the federal government related to the mountaintop mining/valley fill environmental impact statement, the director of the West Virginia division of environmental protection shall forward such recommendation, embodied in a report, along with all scientific facts or technical evidence relating to and substantiating such recommendation, to the governor, president of the Senate and the speaker of the House of Delegates.

Note: WV Code updated with legislation passed through the 2014 1st Special Session
The WV Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.


Recent legislation affecting the Code

Citation Year/Session Short Title
§22 - 14 - 3 - (Amended Code)
SENATE BILL - 261
PASSED - Regular Session

SB261 SUB1 enr  (Uploaded - 03/20/2015)
Clarifying definition of "owner" of dam
§22 - 6 A- 7 - (Amended Code)
SENATE BILL - 280
PASSED - Regular Session

SB280 SUB1 ENR  (Uploaded - 02/03/2015)
Allowing well work permit transfers
§22 - 3 - 13 - (Amended Code)
§22 - 3 - 19 - (Amended Code)
§22 - 11 - 6 - (Amended Code)
§22 - 11 - 8 - (Amended Code)
§22 - 11 - 22 A - (New Code)
SENATE BILL - 357
PASSED - Regular Session

SB357 SUB1 enr  (Uploaded - 03/30/2015)
Creating Coal Jobs and Safety Act of 2015
§22 - 30 - 2 - (Amended Code)
§22 - 30 - 3 - (Amended Code)
§22 - 30 - 4 - (Amended Code)
§22 - 30 - 5 - (Amended Code)
§22 - 30 - 6 - (Amended Code)
§22 - 30 - 7 - (Amended Code)
§22 - 30 - 8 - (Amended Code)
§22 - 30 - 9 - (Amended Code)
§22 - 30 - 10 - (Amended Code)
§22 - 30 - 11 - (Amended Code)
§22 - 30 - 12 - (Amended Code)
§22 - 30 - 13 - (Amended Code)
§22 - 30 - 14 - (Amended Code)
§22 - 30 - 15 - (Amended Code)
§22 - 30 - 16 - (Amended Code)
§22 - 30 - 17 - (Amended Code)
§22 - 30 - 18 - (Amended Code)
§22 - 30 - 19 - (Amended Code)
§22 - 30 - 21 - (Amended Code)
§22 - 30 - 22 - (Amended Code)
§22 - 30 - 24 - (Amended Code)
§22 - 30 - 25 - (Amended Code)
§22 - 30 - 26 - (New Code)
§22 - 31 - 2 - (Amended Code)
§22 - 31 - 3 - (Repealed Code)
§22 - 31 - 4 - (Repealed Code)
§22 - 31 - 5 - (Repealed Code)
§22 - 31 - 6 - (Repealed Code)
§22 - 31 - 7 - (Repealed Code)
§22 - 31 - 8 - (Repealed Code)
§22 - 31 - 9 - (Repealed Code)
§22 - 31 - 10 - (Repealed Code)
§22 - 31 - 11 - (Repealed Code)
§22 - 31 - 12 - (Repealed Code)
SENATE BILL - 423
PASSED - Regular Session

SB423 SUB1 enr  (Uploaded - 03/23/2015)
Amending Aboveground Storage Tank Act
§22 - 3 - 11 - (Amended Code)
SENATE BILL - 502
PASSED - Regular Session

sb502 enr  (Uploaded - 03/30/2015)
Relating to eligibility for certain reclamation or remediation tax credit
§22 - 5 - 20 - (Amended Code)
HOUSE BILL - 2004
PASSED - Regular Session

HB2004 SUB ENR  (Uploaded - 02/25/2015)
Providing a procedure for the development of a state plan under section 111(d) of the Clean Air Act
§22 - 18 - 22 - (Amended Code)
HOUSE BILL - 2625
PASSED - Regular Session

hb2625 ENR  (Uploaded - 03/19/2015)
Continuing the current hazardous waste management fee
§22 - 2 - 4 - (Amended Code)
HOUSE BILL - 2626
PASSED - Regular Session

hb2626 ENR  (Uploaded - 03/15/2015)
Relating to use of the Abandoned Land Reclamation Fund
Note: WV Code updated with legislation passed through the 2014 1st Special Session
The WV Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.
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