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WV Code § 22B-1-12 (2021)
2021 West Virginia Code|Chapter 22B. Environmental Boards|Article 1. General Policy and Purpose|§22B-1-12. Savings Provisions

(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the date this chapter becomes effective, shall continue in effect according to their terms until modified, terminated, superseded, set aside or revoked in accordance with the law.(b) The provisions of this chapter do not affect any appeals, proceedings, including notices of proposed rulemaking, or any application for any license, permit, certificate or financial assistance pending on the effective date of this chapter, before any of the boards. Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this chapter had not been enacted; and orders issued in any such proceedings shall continue in effect until modified, terminated, superseded or revoked by the board within which jurisdiction to do so is vested, by a court of competent jurisdiction or by operation of law. Nothing in this subsection prohibits the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that the proceeding could have been discontinued or modified if this chapter had not been enacted.(c) Orders and actions of a board in the exercise of functions amended by under this chapter are subject to judicial review to the same extent and in the same manner as if such orders and actions had been by a board exercising such functions immediately preceding the enactment of this chapter.
WV Code § 22B-2-1 (2021)
2021 West Virginia Code|Chapter 22B. Environmental Boards|Article 2. Air Quality Board|§22B-2-1. Air Quality Board; Composition; Appointment and Terms of Members; Vacancies

(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”.(b) The board shall be composed of seven members, including the commissioner of the bureau of public health and the commissioner of agriculture, or their designees, both of whom are members ex officio, and five other members, who shall be appointed by the Governor with the advice and consent of the Senate. Each appointed member of the board who is serving in such capacity on the effective date of this article shall continue to serve on the board until his or her term ends or he or she resigns or is otherwise unable to serve. As each such member’s term ends, or that member is unable to serve, a qualified successor shall be appointed by the Governor with the advice and consent of the Senate. Two of the members shall be representative of industries engaged in business in this state, and three of the members shall be representative of the public at large.(c) The appointed members of the board shall be appointed for overlapping terms of five years, except that the original appointments shall be for terms of one, two, three, four and five years, respectively. Any member whose term expires may be reappointed by the Governor. In the event a board member is unable to complete the term, the Governor shall appoint a person with similar qualification to complete the term. The successor of any board member appointed pursuant to this article must possess the qualification as prescribed herein. Each vacancy occurring in the office of a member of the board shall be filled by appointment within sixty days after such vacancy occurs.
WV Code § 22B-2-2 (2021)
2021 West Virginia Code|Chapter 22B. Environmental Boards|Article 2. Air Quality Board|§22B-2-2. Authority to Receive Money

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.
WV Code § 22B-2-3 (2021)
2021 West Virginia Code|Chapter 22B. Environmental Boards|Article 2. Air Quality Board|§22B-2-3. Judicial Review of Air Quality Board Orders

All of the provisions of §22B-1-9 of this code apply to and govern such review with like effect as if the provisions of §22B-1-9 of this code were set forth in extenso in this section, with the following modifications or exceptions:(a) As to cases involving an order denying an application for a permit, or approving or modifying the terms and conditions of a permit, the petition for review shall be filed in the Supreme Court of Appeals within 30 days of the board’s order: Provided, That, if all parties consent to it, the proceedings may continue in the Circuit Court of Kanawha County; and(b) As to all other cases, the petition shall be filed in the circuit court of the county wherein the alleged statutory air pollution complained of originated or in Kanawha County upon agreement between the parties.
WV Code § 22B-3-1 (2021)
2021 West Virginia Code|Chapter 22B. Environmental Boards|Article 3. Environmental Quality Board|§22B-3-1. Environmental Quality Board; Composition and Organization; Appointment, Qualifications, Terms, Vacancies

(a) The Environmental Quality Board is continued.(b) The board is composed of five members, appointed by the Governor with the advice and consent of the Senate.(1) No more than three members may be of the same political party.(2) As each member’s term ends, a qualified successor shall be appointed by the Governor with the advice and consent of the Senate.(3) Individuals appointed to the board shall be persons who by reason of previous training and experience are knowledgeable in the husbandry of the state’s water resources.(4) At least one member shall have experience in industrial pollution control.(c) (1) No member of the board shall receive or, during the two years next preceding the member of the board’s appointment, may have received a significant portion of his or her income directly or indirectly from a national pollutant discharge elimination system permit holder or an applicant for a permit issued under article eleven, chapter twenty-two of this code.(2) For the purposes of this subsection:(A) The term “significant portion of the member of the board’s income” means ten percent of gross personal income for a calendar year, except that it means fifty percent of gross personal income for a calendar year if the recipient is over sixty years of age and is receiving such portion pursuant to retirement, a pension or similar arrangement;(B) The term “income” includes retirement benefits, consultant fees and stock dividends;(C) Income is not received “directly or indirectly” from “permit holders” or “applicants for a permit” where it is derived from mutual fund payments or from other diversified investments with respect to which the recipient does not know the identity of the primary sources of income; and (D) The terms “permit holders” and “applicants for a permit” do not include any university or college operated by this state or political subdivision of this state or any department or agency of this state, other than the Department of Environmental Protection: Provided, That no board member may vote on any matter concerning a permit issued to a department or agency of the state by which the member is or has been employed.(d) (1) The members of the board shall serve five-year terms, staggered in accordance with prior enactments of this section.(2) Any member whose term expires may be reappointed by the Governor.(3) Members may serve until their successors are appointed and qualified.(4) If a board member is unable to complete the term, the Governor shall appoint a person with similar qualification to complete the term.(5) The successor of any board member appointed pursuant to this section must possess the qualification as prescribed in this section.(6) Each vacancy occurring in the office of a member of the board shall be filled by appointment within sixty days after the vacancy occurs.
WV Code § 22B-3-2 (2021)
2021 West Virginia Code|Chapter 22B. Environmental Boards|Article 3. Environmental Quality Board|§22B-3-2. Authority of Board; Additional Definitions

(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 may 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 Water Quality Management Fund created pursuant to section ten, article eleven, chapter twenty-two of this code.(b) All the terms defined in section three, article eleven, chapter twenty-two of this code are applicable to this article and have the meanings ascribed to them therein.
WV Code § 22B-3-3 (2021)
2021 West Virginia Code|Chapter 22B. Environmental Boards|Article 3. Environmental Quality Board|§22B-3-3. Judicial Review

All of the provisions of §22B-1-9 of this code apply to and govern such review with like effect as if the provisions of §22B-1-9 of this code were set forth in extenso in this section, with the following modifications or exceptions:(a) As to cases involving an order denying an application for a permit, or approving or modifying the terms and conditions of a permit, the petition shall be filed in the Supreme Court of Appeals within 30 days of the board’s order: Provided, That, if all parties consent to it, the proceedings may continue in the Circuit Court of Kanawha County;(b) As to cases involving an order revoking or suspending a permit, the petition shall be filed in the circuit court of Kanawha County; and(c) As to cases involving an order directing that any and all discharges or deposits of solid waste, sewage, industrial wastes, or other wastes, or the effluent therefrom, determined to be causing pollution be stopped or prevented or else that remedial action be taken, the petition shall be filed in the circuit court of the county in which the establishment is located or in which the pollution occurs.
WV Code § 22B-4-2 (2021)
2021 West Virginia Code|Chapter 22B. Environmental Boards|Article 4. Surface Mine Board|§22B-4-2. Authority to Receive Money

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. Moneys received from cases arising from the Surface Mine Reclamation Act, as provided in article three of chapter twenty-two shall be deposited to the credit of the special reclamation fund created pursuant to section eleven, article three, chapter twenty-two of this code. Moneys received from cases arising from the Quarry Reclamation Act, as provided in article four of chapter twenty-two of this code, shall be deposited to the credit of the quarry reclamation fund created pursuant to section twenty-two, article four, chapter twenty-two of this code.
WV Code § 22B-4-3 (2021)
2021 West Virginia Code|Chapter 22B. Environmental Boards|Article 4. Surface Mine Board|§22B-4-3. Judicial Review

All of the provisions of §22B-1-9 of this code apply to and govern such review with like effect as if the provisions of §22B-1-9 of this code were set forth in extenso in this section, with the following modifications or exceptions: (a) As to cases involving an order denying an application for a permit, or approving or modifying the terms and conditions of a permit, the petition shall be filed in the Supreme Court of Appeals within 30 days of the board’s order: Provided, That, if all parties consent to it, the proceedings may continue in the Circuit Court of Kanawha County;(b) As to all other cases, the petition shall be filed in the Circuit Court of Kanawha County or in the county wherein the surface mining operation is located.
WV Code § 22C-1-1 (2021)
2021 West Virginia Code|Chapter 22C. Environmental Resources; Boards, Authorities, Commissions and Compacts|Article 1. Water Development Authority|§22C-1-1. Short Title

This article shall be known and cited as the "Water Development Authority Act."
WV Code § 22C-1-2 (2021)
2021 West Virginia Code|Chapter 22C. Environmental Resources; Boards, Authorities, Commissions and Compacts|Article 1. Water Development Authority|§22C-1-2. Declaration of Policy and Responsibility; Purpose and Intent of Article; Findings

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.To assist in the preservation, protection, improvement and management of the purity and quality of the waters of this state, to prevent or abate pollution of water resources and to promote the health and welfare of citizens of this state, it is the purpose and intent of the Legislature in enacting this article to provide for the necessary, dependable, effective and efficient purification of water; the disposal of liquid and solid wastes harmful to the public health and safety removed from such water; to improve water and stream quality; and to assist and cooperate with governmental agencies in achieving all of the purposes set forth in this section.The Legislature finds and hereby declares that the responsibility of the state as outlined above cannot be effectively met without the establishment, funding, operation and maintenance of water development projects as provided for in this article.
WV Code § 22C-1-7 (2021)
2021 West Virginia Code|Chapter 22C. Environmental Resources; Boards, Authorities, Commissions and Compacts|Article 1. Water Development Authority|§22C-1-7. Power of Authority to Collect Service Charges and Exercise Other Powers of Governmental Agencies in Event of Default; Power to Require Governmental Agencies to Enforce Their Rights

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 authority has, 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:(1) The authority may directly impose, in its own name and for its own benefit service charges determined by it to be necessary under the circumstances upon all users of the water development project to be acquired or constructed pursuant to such loan agreement, and proceed directly to enforce and collect such service charges, together with all necessary costs of such enforcement and collection.(2) The authority may exercise, in its own name or in the name of and as agent for the governmental agency, all of the rights, authority, powers and remedies of the governmental agency with respect to the water development project or which may be conferred upon the governmental agency by statute, rule, regulation or judicial decision, including, without limitation, all rights and remedies with respect to users of such water development project.(3) The authority may, by civil action, mandamus or other judicial or administrative proceeding, compel performance by such governmental agency of all of the terms and conditions of such loan agreement including, without limitation, the adjustment and increase of service charges as required to repay the loan or otherwise satisfy the terms of such loan agreement, the enforcement and collection of such service charges and the enforcement by such governmental agency of all rights and remedies conferred by statute, rule, regulation or judicial decision.
WV Code § 22C-1-8 (2021)
2021 West Virginia Code|Chapter 22C. Environmental Resources; Boards, Authorities, Commissions and Compacts|Article 1. Water Development Authority|§22C-1-8. Expenditure of Funds for Study and Engineering of Proposed Projects

With the approval and the consent of the board, either the director of the Division of Environmental Protection or the commissioner 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 by the director or commissioner prior to the issuance of water development revenue bonds or notes under this article shall be paid by the director or commissioner and charged to the appropriate water development project and the director and 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 or commissioner, with the approval of the authority, in connection with such project, shall be repaid to the Division of Environmental Protection or bureau of public health from the proceeds of such bonds or notes.
WV Code § 22C-1-10 (2021)
2021 West Virginia Code|Chapter 22C. Environmental Resources; Boards, Authorities, Commissions and Compacts|Article 1. Water Development Authority|§22C-1-10. Trustee for Bondholders; Contents of Trust Agreement

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.Any such trust agreement may pledge or assign revenues of the authority to be received, but shall not convey or mortgage any water development project or any part thereof. Any such trust agreement or any resolution providing for the issuance of such bonds or notes may contain such provisions for protecting and enforcing the rights and remedies of the bondholders or noteholders as are reasonable and proper and not in violation of law, including the provisions contained in section nine of this article and covenants setting forth the duties of the authority in relation to the acquisition of property, the construction, improvement, maintenance, repair, operation and insurance of the water development project the cost of which is paid, in whole or in part, from the proceeds of such bonds or notes, the rentals or other charges to be imposed for the use or services of any water development project, provisions with regard to the payment of the principal of and interest, charges and fees on loans made to governmental agencies from the proceeds of such bonds or notes, the custody, safeguarding, and application of all moneys and provisions for the employment of consulting engineers in connection with the construction or operation of such water development project. Any banking institution or trust company incorporated under the laws of this state which may act as depository of the proceeds of bonds or notes or of revenues shall furnish such indemnifying bonds or pledge such securities as are required by the authority. Any such trust agreement may set forth the rights and remedies of the bondholders and noteholders and of the trustee and may restrict individual rights of action by bondholders and noteholders as customarily provided in trust agreements or trust indentures securing similar bonds. Such trust agreement may contain such other provisions as the authority deems reasonable and proper for the security of the bondholders or noteholders. All expenses incurred in carrying out the provisions of any such trust agreement may be treated as a part of the cost of the operation of the water development project. Any such trust agreement or resolution authorizing the issuance of water development revenue bonds may provide the method whereby the general administrative overhead expenses of the authority will be allocated among the several projects acquired or constructed by it as a factor of the operating expenses of each such project.
WV Code § 22C-1-11 (2021)
2021 West Virginia Code|Chapter 22C. Environmental Resources; Boards, Authorities, Commissions and Compacts|Article 1. Water Development Authority|§22C-1-11. Trust Agreements for Related Responsibilities; Reimbursements

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 authority is 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.
WV Code § 22C-1-12 (2021)
2021 West Virginia Code|Chapter 22C. Environmental Resources; Boards, Authorities, Commissions and Compacts|Article 1. Water Development Authority|§22C-1-12. Legal Remedies of Bondholders and Trustees

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.