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WV Code § 20-5-10 (2021)
2021 West Virginia Code|Chapter 20. Natural Resources|Article 5. Parks and Recreation|§20-5-10. Proceeds of Park Development Revenue Bonds, Grants and Gifts

The proceeds of all bonds sold for any park development project and the proceeds of any grant or gift received by the director for any project financed by the issuance of park development revenue bonds shall be paid to the treasurer of the State of West Virginia, who shall not commingle the funds with any other moneys, but shall deposit them in a separate bank account or accounts. The moneys in the accounts shall be paid by the treasurer on requisition of the director or any other person as the director may authorize to make such requisition. All deposits of the moneys shall, if required by the treasurer or the director, be secured by obligation of the United States, of the State of West Virginia, or of the director, of a market value equal at all times to the amount of the deposit and all banking institutions are authorized to give such deposits.
WV Code § 20-5-11 (2021)
2021 West Virginia Code|Chapter 20. Natural Resources|Article 5. Parks and Recreation|§20-5-11. Authority of Director to Pledge Revenue From Recreational Facilities as Security

The director, with the approval of the Governor, shall have authority to pledge all revenue derived from any project as security for any bonds issued to defray the cost of the project. In any case in which the director may deem it advisable, he or she shall also have the authority to pledge the revenue derived from any existing recreational facilities under his or her control, or any state park or forest, as additional security for the payment of any bonds issued under the provisions of this article to pay the cost of any park development project.
WV Code § 20-5-12 (2021)
2021 West Virginia Code|Chapter 20. Natural Resources|Article 5. Parks and Recreation|§20-5-12. Management and Control of Project

The division shall properly maintain, repair, operate, manage and control the project, fix the rates of rental and establish bylaws and rules for the use and operation of the project and may make and enter into all contracts or agreements necessary and incidental to the performance of its duties and the execution of its powers hereunder.
WV Code § 20-5-13 (2021)
2021 West Virginia Code|Chapter 20. Natural Resources|Article 5. Parks and Recreation|§20-5-13. Provisions of Constitution and Law Observed; What Approval Required

It shall not be necessary to secure from any officer or board not named in this article any approval or consent, or any certificate or finding, or to hold an election, or to take any proceedings whatever, either for the construction of any project, or the improvement, maintenance, operation or repair thereof, or for the issuance of bonds hereunder, except as are prescribed by these provisions or are required by the Constitution of this state.Nothing contained herein shall be so construed or interpreted as to authorize or permit the incurring of state debt of any kind or nature as contemplated by the provisions of the Constitution of the state in relation to state debt.
WV Code § 20-5-14 (2021)
2021 West Virginia Code|Chapter 20. Natural Resources|Article 5. Parks and Recreation|§20-5-14. Restaurants and Other Facilities

The director may, on all areas under his or her jurisdiction and control, operate commissaries, restaurants and other establishments for the convenience of the public. For these purposes the director may purchase equipment, foodstuffs, supplies and commodities according to law.
WV Code § 20-5-15 (2021)
2021 West Virginia Code|Chapter 20. Natural Resources|Article 5. Parks and Recreation|§20-5-15. Authority to Enter Into Certain Operational Contracts; Terms and Conditions; Necessity for Legislative Notice and Public Hearing Before Certain Facilities Are Placed Under Contract

(a) The director may enter into a contract with a person, firm, corporation, foundation or public agency for the operation of a commissary, restaurant, recreational facility or other establishment within the state parks and public recreational system, for a duration not to exceed ten years, but the contract may provide for an option to renew at the director’s discretion for an additional term or terms not to exceed ten years at the time of renewal: Provided, That an operational contract for the operation of Prickett’s Fort by the Prickett’s Fort Memorial Foundation, Inc., funded by an appropriation for the specific purpose of such operational contract is exempt from the provisions of article three, chapter five-a of this code. Prior to initiating of a contract for the operation of a state park lodge, cabin, campground, gift shop, golf facility, including pro shop operations, or ski facility, the director shall submit written notice of the specific location subject to the contract to the Legislature by letter to the Senate President and the Speaker of the House of Delegates.(b) Prior to initiating a contract for a previously state-operated state park lodge, cabin, campground, gift shop, golf facility, including pro shop operations, or ski facility, the director shall conduct a public hearing to be held at a reasonable time and place within the county in which the facility is located. Notice of the time, place and purpose of the public hearing shall be provided as a Class II legal advertisement in accordance with the provisions of section two, article three, chapter fifty-nine of this code which notice shall be given at least for the first publication twenty days in advance of said hearing.(c) Any contract entered into by the director shall provide an obligation upon the part of the operator that he or she maintain a level of performance satisfactory to the director and shall further provide that any contract may be terminated by the director in the event he or she determines that the performance is unsatisfactory and has given the operator reasonable notice of the termination.
WV Code § 20-5-17 (2021)
2021 West Virginia Code|Chapter 20. Natural Resources|Article 5. Parks and Recreation|§20-5-17. Correlation of Projects and Services

The director of the Division of Natural Resources shall correlate and coordinate park and recreation programs, projects and developments with the functions and services of other offices and sections of the division and other agencies of the state government so as to provide, consistent with the provisions of this chapter, suitable and adequate facilities, landscaping, personnel and other services at and about all state parks and public recreation facilities under his or her jurisdiction.
WV Code § 20-5-18 (2021)
2021 West Virginia Code|Chapter 20. Natural Resources|Article 5. Parks and Recreation|§20-5-18. Discounts for West Virginia Residents Over the Age of Sixty-Two

The director shall provide to West Virginia citizens who are sixty-two years of age or older, and who document residency and age by a valid West Virginia driver's license, a fifty percent reduction in campground rental fees for each campsite to be used exclusively by said eligible camper: Provided, That the fifty percent reduction in campground rental fees shall only apply to those rentals occurring during the period of time beginning on the day after Labor Day and ending four days prior to Memorial day.
WV Code § 20-5-19 (2021)
2021 West Virginia Code|Chapter 20. Natural Resources|Article 5. Parks and Recreation|§20-5-19. Discounts for West Virginia Residents Who Are Totally and Permanently Disabled

The director shall issue a discount card to West Virginia residents who are totally and permanently disabled which would provide a fifty percent reduction in campground rental fees for each campsite to be used exclusively by the eligible camper: Provided, That in order to be eligible for the reduction, the person shall document that he or she is a resident of this state and that he or she has a total and permanent disability. The director shall promulgate rules in accordance with article three, chapter twenty-nine-a of this code setting forth the documentation which is necessary to prove residency and total and permanent disability: Provided, however, That the fifty percent reduction in campground rental fees applies only to those rentals occurring during the period of time beginning on the day after Labor Day and ending four days prior to Memorial Day.
WV Code § 20-5-22 (2021)
2021 West Virginia Code|Chapter 20. Natural Resources|Article 5. Parks and Recreation|§20-5-22. Powers and Duties of the Director Relating to Oil and Gas Access Roads on State Forests

(a) In addition to the requirements of article six, chapter twenty-two of this code, a party applying for the well work permit within a state forest shall publish a Class I-O legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code in a qualified newspaper at least sixty days prior to submitting an application with the Department of Environmental Protection. The notice shall state that the Division of Natural Resources will accept public comments prior to the party's application to the Department of Environmental Protection and shall give a postal address and an email address where the public may file comments.(b) For all new oil and gas road construction proposed in subsection (a) of this section within state forests, written notice shall be provided to the Director, the Division of Forestry and the state Forest Superintendent by the party applying for the well work permit forty-five days before the application of the well work permit is filed with the Department of Environmental Protection.(c) For routine maintenance of the access roads within the state forest, notice shall be provided to the Director, the Director of the Division of Forestry and the state Forest Superintendent by the well operator for maintenance of the well access road five days before the motorized equipment is to enter the state forest except in the event of an emergency.(d) The Director of the Division of Natural Resources shall propose emergency and legislative rules in accordance with article three, chapter twenty-nine of this code in consultation with the Department of Environmental Protection and the Division of Forestry that set forth the conditions upon which the permittee may access the land for the purpose of well work in a state forest as permitted by law.
WV Code § 20-5A-1 (2021)
2021 West Virginia Code|Chapter 20. Natural Resources|Article 5A. State Parks and Recreation Endowment Fund|§20-5A-1. Establishment of Fund; Deposits; Expenditures; Investments

(a) There is created in the office of the State Treasurer a special revenue account fund to be known as the West Virginia State Parks and Recreation Endowment Fund.(b) The following shall be deposited into the fund:(1) The royalties received from the leasing of state-owned gas, oil, and other mineral rights beneath the Ohio River and its tributaries; and(2) The proceeds of any gifts, grants, contributions, or other moneys accruing to the state which are specifically designated for inclusion in the fund.(c) Expenditures from the fund shall be for the purposes set forth in this section and are to be made in accordance with appropriation of the Legislature under the provisions of §12-3-1 et seq. of this code, and in compliance with the provisions of §11B-2-1 et seq. of this code: Provided, That income accruing from investments of the fund pursuant to this article shall be distributed or expended for either of the following purposes:(1) Maintenance, repair, and improvement of any existing recreational facilities, including any supporting or related infrastructure and associated recreational features, all to provide uninterrupted enjoyment and public use of state parks, state forests, and state rail trails.(2) Maintenance, repair, and procurement of any fixture, furnishing, and equipment necessary to provide uninterrupted enjoyment and public use of state parks, state forests, and state rail trails. (d) The board of trustees established pursuant to this article shall invest the assets of the fund consistent with the provisions of §12-6-1 of this code. The board may accumulate investment income of the fund within the fund until the income, in the sole judgment of the board, can provide a significant supplement to the budget of the Division of Natural Resources. After that time, the board may direct expenditures from the income for the purposes set forth in this section.
WV Code § 20-5A-2 (2021)
2021 West Virginia Code|Chapter 20. Natural Resources|Article 5A. State Parks and Recreation Endowment Fund|§20-5A-2. Board of Trustees

(a) A board of trustees is hereby created to administer the State Parks and Recreation Endowment Fund.(b) The board shall be composed of the Director of the Division of Natural Resources, serving as chair, the Chief of the Parks and Recreation Section of the Division of Natural Resources, the executive secretary of the division, the division fiscal officer, and the President of the West Virginia State Parks Foundation, who shall serve as voting ex officio members, and six voting members to be appointed by the Governor. Two of the appointed members shall be state park superintendents and four of the appointed members shall be selected from citizen membership of state park associations that represent a lodge state park, a cabin state park, a day-use state park, a state forest, or a state rail trail under the jurisdiction of the division: Provided, That to the extent possible, the Governor shall appoint the citizen members to ensure an equal geographic representation throughout the state and their terms shall be staggered from July 1, 2020. Of the citizen members first appointed, two citizen members shall be appointed for a term of three years; and two citizen members shall be appointed for a term of four years. Successors to appointed citizen members whose terms expire shall be appointed for terms of four years. Vacancies shall be filled for the unexpired term. An appointed citizen member may not serve for more than two successive terms. Appointment to fill a vacancy may not be considered as one of two terms.
WV Code § 20-5E-1 (2021)
2021 West Virginia Code|Chapter 20. Natural Resources|Article 5E. Hazardous Waste Management Act|§20-5E-1. To 20-5e-25

Repealed.Acts, 1994 Reg. Sess., Ch. 61.
WV Code § 20-5F-1 (2021)
2021 West Virginia Code|Chapter 20. Natural Resources|Article 5F. Solid Waste Management Act|§20-5F-1. To 20-5f-12

Repealed.Acts, 1994 Reg. Sess., Ch. 61.
WV Code § 20-5G-1 (2021)
2021 West Virginia Code|Chapter 20. Natural Resources|Article 5G. Hazardous Waste Emergency Response Fund|§20-5G-1. To 20-5g-6

Repealed.Acts, 1994 Reg. Sess., Ch. 61.
WV Code § 20-5J-1 (2021)
2021 West Virginia Code|Chapter 20. Natural Resources|Article 5J. Medical Waste Act|§20-5J-1. Short Title

This article shall be known and cited as the "West Virginia Medical Waste Act."
WV Code § 20-5J-4 (2021)
2021 West Virginia Code|Chapter 20. Natural Resources|Article 5J. Medical Waste Act|§20-5J-4. Commercial Infectious Medical Waste Facility Prohibited

It shall be unlawful to construct or operate a commercial infectious medical waste facility in the State of West Virginia: Provided, That the secretary may authorize an exception to this prohibition solely for facilities not utilizing incineration technology in any form, including the manufacture or burning of refuse derived fuel: Provided, however, That such an exception may be granted only following: (1) The promulgation of legislative rules, in accordance with the provisions of chapter twenty-nine-a of this code, containing guidelines for such an exception that are being fully consistent with the findings and purposes contained in section two of this article; (2) a public hearing on the record in the region affected by the proposed facility; (3) an investigation of the infectious medical waste stream in the region affected by the proposed facility; and (4) a determination that programs to minimize and reduce the infectious medical waste stream have been implemented.
WV Code § 20-5J-5 (2021)
2021 West Virginia Code|Chapter 20. Natural Resources|Article 5J. Medical Waste Act|§20-5J-5. Designation of Secretary of the Department of Health and Human Resources as the State Infectious Medical Waste Management Primary Agency; Prohibitions; Requiring Permits

(a) The secretary is hereby designated as the infectious medical waste management primary agency for this state and is hereby authorized to take all action necessary or appropriate to secure to this state the benefits of this legislation pertaining to infectious medical waste. In carrying out the purposes of this article, the secretary is hereby authorized to cooperate with agencies of the federal government, this state and other states, and other interested persons, in all matters relating to medical waste management.(b) On or after October 1, 1991, no person may own, construct, modify, operate or close any facility or site for the treatment, storage or disposal of infectious medical waste, nor shall any person store, treat or dispose of any such infectious medical waste without first obtaining a permit from the secretary, unless specifically excluded or exempted by rules promulgated by the secretary.
WV Code § 20-5J-7 (2021)
2021 West Virginia Code|Chapter 20. Natural Resources|Article 5J. Medical Waste Act|§20-5J-7. Inspections; Right of Entry; Sampling; Reports and Analyses; Subpoenas

(a) The secretary, upon the presentation of proper credentials and at reasonable times, may enter any building, property, premises, place, vehicle or permitted facility where infectious medical wastes are or have been generated, treated, stored, transported or disposed of for the purpose of promptly investigating any person's compliance with the provisions of this article, legislative rules or permits issued by the secretary.(b) The secretary shall make periodic inspections of every permitted facility as necessary to effectively implement and enforce the requirements of this article or the legislative rules promulgated by or permits issued by the secretary. After an inspection is made, a report shall be prepared and filed with the secretary. A copy of such inspection report shall be promptly furnished to the person in charge of such building, property, premises, place, vehicle or facility. All inspection reports shall be available to the public in accordance with the provisions of article one, chapter twenty-nine-b of this code.(c) Whenever the secretary has cause to believe that any person is in violation of any provision of this article, any condition of a permit issued by the secretary, any order or any legislative rule promulgated by the secretary under this article, he shall immediately order an inspection of the building, property, premises, place, vehicle or permitted facility at which the alleged violation is occurring.(d) Upon presentation of proper credentials and at reasonable times, the secretary may enter any establishment, building, property, premises, vehicle or other place maintained by any person where infectious medical waste is being or has been generated, transported, stored, treated or disposed of to inspect and take samples of waste and the contents of any containers. The division shall promptly provide a copy of any analysis to the owner, operator or agent in charge.(e) Upon presentation of proper credentials and at reasonable times, the secretary shall be given access to all records relating to the generation, transportation, storage, treatment or disposal of infectious medical waste in the possession of any person who generates, stores, treats, transports, disposes of, or otherwise handles or has handled such waste. The secretary shall be furnished with copies of all such records or given the records for the purpose of making copies. If the secretary, upon inspection, investigation or through other means, observes or learns of a violation or probable violation of this article, he is authorized to issue subpoenas and subpoenas duces tecum and to order the attendance and testimony of witnesses and to compel the production of any books, papers, documents, manifests and other physical evidence pertinent to such investigation or inspection.
WV Code § 20-5J-8 (2021)
2021 West Virginia Code|Chapter 20. Natural Resources|Article 5J. Medical Waste Act|§20-5J-8. Enforcement Orders; Hearings

(a) If the secretary, upon inspection, investigation or through other means observes, discovers or learns of a violation of the provisions of this article, any permit, order or legislative rules promulgated hereunder, he may:(1) Issue an order stating with reasonable specificity the nature of the violation and requiring compliance immediately or within a specified time. An order issued under this section may suspend, revoke or modify permits, require a person to take remedial action, or require a person to cease and desist activities which violate the provisions of this article;(2) Seek an injunction in accordance with subsection (b) of section nine of this article; or(3) Institute a civil action in accordance with subsection (a) of section nine of this article.(b) Any person who is subject to a cease and desist order may file a notice of request for reconsideration with the secretary within seven days of the issuance of the order. Within ten days of filing of the notice of a request for reconsideration, said person shall have a hearing before the secretary at which he may contest the terms and conditions of the cease and desist order. The filing of a notice of request for reconsideration shall not stay or suspend execution or enforcement of such cease and desist order.
WV Code § 20-5J-9 (2021)
2021 West Virginia Code|Chapter 20. Natural Resources|Article 5J. Medical Waste Act|§20-5J-9. Civil Actions and Injunctive Relief

(a) Any person who violates any provision of this article, any permit or any rule or order issued pursuant to this article shall be subject to a civil penalty not to exceed $25,000 for each day of such violation, which penalty shall be recovered in a civil action either in the circuit court of the county wherein the violation occurs or in the circuit court of Kanawha County.(b) The secretary may seek an injunction, or may institute a civil action against any person who violates any provision of this article or any permit, legislative rule or order issued pursuant to this article. In seeking an injunction, it is not necessary for the secretary to post bond nor to allege or prove at any stage of the proceeding that irreparable harm will occur if the injunction is not issued or that there is no adequate remedy at law. A petition for an injunction filed pursuant to this section may be filed and relief granted notwithstanding the fact that all administrative remedies provided for in this article have not been exhausted or invoked against the person or persons against whom such relief is sought.(c) At the request of the secretary, the Attorney General, or the prosecuting attorney of the county in which the violation occurs, shall assist the secretary in any civil action under this section.(d) In any action brought pursuant to the provisions of this section, the state, or any agency of the state which prevails, may be awarded costs and reasonable attorney's fees.