reglab/housing_qa huggingface dataset:
WV Code § 22-17-13 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 17. Underground Storage Tank Act|§22-17-13. Inspections, Monitoring and Testing

(a) For the purposes of developing or assisting in the development of any rule, 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.(b) For the purposes of developing or assisting in the development of any rule, conducting any study, taking corrective action or enforcing the provisions of this article, the director or his or her authorized representative may:(1) Enter at reasonable times any establishment or other place where an underground storage tank is located;(2) Inspect and obtain samples from any person of any regulated substances contained in such tank;(3) Conduct monitoring or testing of the tanks, associated equipment, contents or surrounding soils, air, surface, water or groundwater; and (4) Take corrective action as specified in this article.Each such inspection shall be commenced and completed with reasonable promptness.
WV Code § 22-17-15 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 17. Underground Storage Tank Act|§22-17-15. Administrative Orders; Injunctive Relief; Requests for Reconsideration

(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 the environmental quality board.(b) Any person issued an order may file a notice of request for reconsideration with the director not more than seven days from the issuance of such order. The notice of request for reconsideration shall identify the order to be reconsidered and shall set forth in detail the reasons for which reconsideration is requested. The director shall grant or deny the request for reconsideration within twenty days of the filing of the notice of request of reconsideration.
WV Code § 22-17-16 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 17. Underground Storage Tank Act|§22-17-16. Civil Penalties

(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 order is liable for a civil penalty of not more than $25,000 for each day of continued noncompliance.(b) Any owner who knowingly: (1) Fails to register; or (2) submits false information pursuant to this article is liable for a civil penalty not to exceed $10,000 for each tank which is not registered or for which false information is submitted.(c) Any owner or operator of an underground storage tank who fails to comply with any requirement or standard promulgated by the director under section six of this article is subject to a civil penalty not to exceed $10,000 for each tank for each day of violation.
WV Code § 22-17-17 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 17. Underground Storage Tank Act|§22-17-17. Public Participation

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.
WV Code § 22-17-18 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 17. Underground Storage Tank Act|§22-17-18. Appeal to Environmental Quality Board

Any person aggrieved or adversely affected by an order of the director made and entered in accordance with the provisions of this article may appeal to the environmental quality board, pursuant to the provisions of article one, chapter twenty-two-b of this code.
WV Code § 22-17-19 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 17. Underground Storage Tank Act|§22-17-19. Disclosures Required in Deeds and Leases

(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.(b) Any lessee of real estate or of any substratum underlying said real estate who intends to install an underground storage tank in the leased real estate or any substratum underlying the same shall disclose in writing at the time of such lease, or within thirty days prior to such installation, such fact to the lessor of such real estate or substratum. Such disclosure shall describe the proposed location upon said property where the tank is to be located and all other information required by the director.
WV Code § 22-17-20 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 17. Underground Storage Tank Act|§22-17-20. Appropriation of Funds; Underground Storage Tank Administrative Fund

(a) The secretary shall collect annual registration fees from owners of underground storage tanks. The registration fee collected under this section may not exceed $65 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 revenue fund designated the “Underground Storage Tank Administrative Fund” to be used to defray the cost of administering this article in accordance with rules promulgated pursuant to section six of this article. The secretary shall promulgate an emergency rule in accordance with article three, chapter twenty-nine-a of this code, implementing the increase in registration fees. This fee of up to $65 is effective for the fiscal year ending June 30, 2004.(b) The total fee assessed shall be sufficient to assure a balance in the fund not to exceed one million dollars at the beginning of each year.(c) Any amount received pursuant to subsection (a) of this section which exceeds the annual balance required in subsection (b) of this section shall be deposited into the Leaking Underground Storage Tank Response Fund established pursuant to this article to be used for the purposes set forth for expenditure of moneys in the fund.(d) 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 are the proceeds remaining after deducting from the proceeds those sums appropriated by the Legislature for defraying the cost of administering this article. In making the appropriation for defraying the cost of administering this article, the Legislature shall first take into account the sums included in the special fund prior to deducting additional sums as may be needed from the civil fines, civil penalties and forfeitures collected pursuant to this article. At the end of each fiscal year any unexpended balance of the collected civil fines, civil penalties, forfeitures and registration fees shall not be transferred to the General Revenue Fund but shall remain in the fund.(e) The secretary shall submit an annual report to the Joint Committee on Government and Finance on or before January 1 each year providing information as to the status of the Underground Storage Tank Fund, the registration fees or forfeitures collected and any fines and penalties assessed pursuant to this article, the amount of net proceeds of fines, penalties and forfeitures paid into the fund and information as to the progress of the underground storage tank program in the protection of human health and the environment.
WV Code § 22-17-23 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 17. Underground Storage Tank Act|§22-17-23. Duplicative Enforcement Prohibited

No enforcement proceeding brought pursuant to this article may be duplicated by an enforcement proceeding subsequently commenced under some other article of this code with respect to the same transaction or event unless such subsequent proceeding involves the violation of a permit or permitting requirement of such other article.
WV Code § 22-18-1 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 18. Hazardous Waste Management Act|§22-18-1. Short Title

This article may be known and cited as the “Hazardous Waste Management Act”.
WV Code § 22-18-2 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 18. Hazardous Waste Management Act|§22-18-2. Declaration of Policy

(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;(2) The public health and safety and the environment are threatened where hazardous wastes are not managed in an environmentally sound manner;(3) The knowledge and technology necessary for alleviating adverse health, environmental and aesthetic impacts resulting from current hazardous waste management and disposal practices are generally available;(4) The manufacture, refinement, processing, treatment and use of coal, raw chemicals, ores, petroleum, gas and other natural and synthetic products are activities that make a significant contribution to the economy of this state; and(5) The problem of managing hazardous wastes has become a matter of statewide concern.(b) Therefore, it is hereby declared that the purposes of this article are:(1) To protect the public health and safety and the environment from the effects of the improper, inadequate or unsound management of hazardous wastes;(2) To establish a program of regulation over the storage, transportation, treatment and disposal of hazardous wastes;(3) To assure the safe and adequate management of hazardous wastes within this state; and(4) To assume regulatory primacy through Subtitle C of the Resource Conservation and Recovery Act.
WV Code § 22-18-4 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 18. Hazardous Waste Management Act|§22-18-4. Designation of Division of Environmental Protection as the State Hazardous Waste Management Lead Agency

The Division 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.
WV Code § 22-18-5 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 18. Hazardous Waste Management Act|§22-18-5. Powers and Duties of Director; Integration With Other Acts; Establishment of Study of 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.(b) The director shall integrate all provisions of this article for purposes of administration and enforcement and shall avoid duplication to the maximum extent practicable, with the appropriate provisions of: The public health laws in chapter sixteen of this code; article sixteen-a, chapter nineteen of this code; this chapter; and chapters twenty-two-b and twenty-two-c of this code.(c) The director may enter into any agreements, including reimbursement for services rendered, contracts or cooperative arrangements, under such terms and conditions as he or she deems appropriate, with other state agencies, educational institutions or other organizations and individuals as necessary to implement the provisions of this article.(d) The director shall cooperate with and may receive and expend money from the federal government and other sources.(e) The director shall: (1) Encourage, participate in and conduct an ongoing investigation and analysis of methods, incentives, technologies of source reduction, reuse, recycling or recovery of potentially hazardous waste and a strategy for encouraging the utilization or reduction of hazardous waste; and (2) investigate the feasibility of operating an information clearinghouse for hazardous wastes.(f) The director shall provide for the continuing education and training of appropriate division personnel in matters of hazardous waste management.
WV Code § 22-18-9 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 18. Hazardous Waste Management Act|§22-18-9. Corrective Action

(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.(b) The director shall amend the standards under subdivision (4), subsection (a), section six of this article, regarding corrective action required at facilities for the treatment, storage or disposal of hazardous waste listed or identified in rules promulgated pursuant to subdivision (2), subsection (a), section six of this article, to require that corrective action be taken beyond the facility boundary where necessary to protect human health and the environment unless the owner or operator of the facility concerned demonstrates to the satisfaction of the director that, despite the owner or operator’s best efforts, the owner or operator was unable to obtain the necessary permission to undertake such action. Such rules shall take effect immediately upon promulgation, and shall apply to:(1) All facilities operating under permits issued under subdivision (4), subsection (a), section six of this article; and(2) All landfills, surface impoundments and waste pile units (including any new units, replacement of existing units or lateral expansions of existing units) which receive hazardous waste after July 26, 1982. Pending promulgation of such rules the director shall issue corrective action orders for facilities referred to in subdivisions (1) and (2) above on a case-by-case basis consistent with the purposes of this subsection.
WV Code § 22-18-10 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 18. Hazardous Waste Management Act|§22-18-10. Public Participation in Permit Process

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, the director or other permit issuing authority shall:(a) Cause to be published as a Class I-0 legal advertisement in a newspaper of general circulation, and the publication area is the county wherein the real estate or greater portion thereof is situate, and broadcast over local radio stations notice of the director's or other permit issuing authority's intention to issue such permit; and(b) Transmit written notice of the director's or other permit issuing authority's intention to issue such permit to each unit of local government having jurisdiction over the area in which such facility is proposed to be located and to each state agency having any authority under state law with respect to the construction or operation of such facility.If within forty-five days the director or other permit issuing authority receives written notice of opposition to the director's or other permit issuing authority's intention to issue such permit and a request for a hearing, or if the director or other permit issuing authority determines on his or her own initiative, to have a hearing he or she shall hold an informal public hearing (including an opportunity for presentation of written and oral views) on whether he or she should issue a permit for the proposed facility. Whenever possible the director or other permit issuing authority shall schedule such hearing at a location convenient to the nearest population center to such proposed facility and give notice in the aforementioned manner of the date, time and subject matter of such hearing.
WV Code § 22-18-11 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 18. Hazardous Waste Management Act|§22-18-11. Transition Program for Existing Facilities

Any person who owns or operates a facility required to have any permit under this article, which facility was in existence on July 9, 1981, 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: Provided, That on said date such facility is operating and continues to operate in compliance with the interim status requirement of the federal environmental protection agency established pursuant to section 3005 of the federal Solid Waste Disposal Act, as amended, if applicable, and in such a manner as will not cause or create a substantial risk of a health hazard or public nuisance or a significant adverse effect upon the environment: Provided, however, That the owner or operator of such facility shall make a timely and complete application for such permit in accordance with rules promulgated pursuant to this article specifying procedures and requirements for obtaining such permit.
WV Code § 22-18-12 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 18. Hazardous Waste Management Act|§22-18-12. Confidential Information

Information obtained by any agency under this article shall be available to the public unless the director certifies such information to be confidential. The director may make such certification where any person shows, to the satisfaction of the director, 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.Any person who knowingly and willfully divulges or discloses any information entitled to protection under this section is guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than $5,000, or imprisoned in the county jail for not more than six months, or both fined and imprisoned.
WV Code § 22-18-15 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 18. Hazardous Waste Management Act|§22-18-15. Enforcement Orders; Hearings

(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 permit, order or rules issued or promulgated hereunder, he or she 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 under this section includes, but is not limited to, any or all of the following: Orders suspending, revoking or modifying permits, orders requiring a person to take remedial action or cease and desist orders;(2) Seek an injunction in accordance with subsection (c) of section seventeen of this article; (3) Institute a civil action in accordance with subsection (c) of section seventeen of this article; or(4) Request the Attorney General, or the prosecuting attorney of the county in which the alleged violation occurred, to bring a criminal action in accordance with section sixteen of this article.(b) Any person issued a cease and desist order may file a notice of request for reconsideration with the director not more than seven days from the issuance of such order and shall have a hearing before the director contesting the terms and conditions of such order within ten days of the filing of such notice of a request for reconsideration. The filing of a notice of request for reconsideration does not stay or suspend the execution or enforcement of such cease and desist order.
WV Code § 22-18-18 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 18. Hazardous Waste Management Act|§22-18-18. Imminent and Substantial Hazards; Orders; Penalties; Hearings

(a) Notwithstanding any provision of this article to the contrary, the director, 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:(1) Request the Attorney General or the appropriate prosecuting attorney to commence an action in the circuit court of the county in which the hazardous condition exists to immediately restrain any person contributing to such handling, storage, transportation, treatment or disposal to stop such handling, storage, transportation, treatment or disposal or to take such other action as may be necessary; or(2) Take other action under this section including, but not limited to, issuing such orders as may be necessary to protect public health and the environment.(b) Any person who willfully violates, or fails or refuses to comply with, any order of the director under subsection (a) of this section may, in an action brought in the appropriate circuit court to enforce such orders, be fined not more than $5,000 for each day in which such violation occurs or such failure to comply continues.