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Senate Bill 774 History
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Key: Green = existing Code. Red = new code to be enacted
ENROLLED
Senate Bill No. 774
(By Senators Kessler, Dempsey, Fanning, Minard, White, Barnes,
Caruth, Deem,
Harrison, Lanham, McKenzie and Weeks)
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[Passed March 11, 2006; in effect ninety days from passage.]
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AN ACT to amend and reenact §22-1-2, §22-1-7 and §22-1-8 of the
Code of West Virginia, 1931, as amended, all relating to the
organization of offices within the Department of Environmental
Protection; and defining certain terms.
Be it enacted by the Legislature of West Virginia:
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That §22-1-2, §22-1-7 and §22-1-8 of the Code of West
Virginia, 1931, as amended, be amended and reenacted, all to read
as follows:
ARTICLE 1. DEPARTMENT OF ENVIRONMENTAL PROTECTION.
§22-1-2. Definitions.
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As used in this chapter, unless otherwise provided or
indicated by the context:
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(1)"Chief" means the Secretary of the Department of
Environmental Protection, or his or her designee, who is also the
chief executive officer of an office, division or section within the department.
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(2) "Department" means the Department of Environmental
Protection.
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(3) "Director" means the Secretary of the Department of
Environmental Protection or his or her designee.
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(4) "Division" means the Department of Environmental
Protection.
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(5) "Function" means any duty, obligation, power, authority,
responsibility, right, privilege, activity or program.
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(6) "Office" means any office, division, board, agency, unit,
organizational entity or component thereof within the Department of
Environmental Protection.
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(7) "Secretary" means the Secretary of the Department of
Environmental Protection.
§22-1-7. Offices within division.
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Consistent with the provisions of this article, the secretary
shall, at a minimum, maintain the following offices within the
division:
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(1) The Office of Abandoned Mine Lands and Reclamation, which
is charged, at a minimum, with administering and enforcing, under
the supervision of the director, the provisions of article two of
this chapter;
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(2) The Division of Mining and Reclamation, which is charged,
at a minimum, with administering and enforcing, under the supervision of the director, the provisions of articles three and
four of this chapter;
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(3) The Division of Air Quality, which is charged, at a
minimum, with administering and enforcing, under the supervision of
the director, the provisions of article five of this chapter;
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(4) The Office of Oil and Gas, which is charged, at a minimum,
with administering and enforcing, under the supervision of the
director, the provisions of articles six, seven, eight, nine and
ten of this chapter;
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(5) The Division of Water and Waste Management, which is
charged, at a minimum, with administering and enforcing, under the
supervision of the director, the provisions of articles eleven,
twelve, thirteen, fourteen, fifteen, sixteen, seventeen, eighteen,
nineteen and twenty of this chapter; and
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(6) The Office of Explosives and Blasting, which is charged,
at a minimum, with administering and enforcing, under the
supervision of the director, the provisions of article three-a of
this chapter.
§22-1-8. Supervisory officers.
(a) The secretary shall appoint a competent and qualified
person to be the chief executive officer of each office specified
in section seven of this article. The chief executive officer is
the principal administrative officer of that office and is
accountable and responsible for the orderly and efficient performance of the duties, functions and services of her or his
office.
(b) There shall be in the department such other supervisory
officers as the secretary determines is necessary to administer the
functions of the department. Such supervisory officers are
"administrators" as such term is defined in section two, article
six, chapter twenty-nine of this code, notwithstanding the fact
that the positions filled by such persons are not statutorily
created. Any such supervisory officer may be designated by the
secretary as a deputy director, assistant director, chief,
administrator or other administrative title or designation. Each
of the supervisory officers shall be appointed by the secretary and
serve at the will and pleasure of the secretary. The compensation
of such supervisory officers shall be fixed by the secretary. A
single individual may be appointed to serve simultaneously in two
distinct supervisory positions, but in a case where a dual
appointment is made, the supervisory officer shall not receive
additional compensation above that which would be paid for serving
in one supervisory position.
(c) A supervisory officer appointed pursuant to the provisions
of this section shall report directly to the secretary and shall,
in addition to any functions vested in or required to be delegated
to such officer, perform additional functions as the secretary may
prescribe.
(d) Each supervisory officer of the department shall, before
entering upon the discharge of his or her duties, take the oath of
office prescribed by section five, article IV of the Constitution
of West Virginia and shall execute a bond in the penalty of two
thousand dollars, with security to be approved by the Governor,
conditioned upon the faithful discharge of their duties, a
certificate of the oath and bond shall be filed in the office of
the Secretary of State. Premiums on the bond shall be paid from
the department funds.