reglab/housing_qa huggingface dataset:
WV Code § 22-1-8 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 1. Department of Environmental Protection|§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 $2,000, 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.
WV Code § 22-1-8a (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 1. Department of Environmental Protection|§22-1-8a. General Powers and Duties of the Director of the Division of Mines and Minerals

The Director of the Division of Mines and Minerals is hereby empowered and it shall be his duty to execute and carry out, administer and enforce such provisions of this chapter and chapter twenty-two-a of the code relating to surface and underground mining permits and coal mine reclamation inspections as are expressly conferred upon him by such provisions or delegated to him by the commissioner relating to mines and minerals.
WV Code § 22-1-9 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 1. Department of Environmental Protection|§22-1-9. Environmental Protection Advisory Council

(a) There is created within the Department of Environmental Protection the Environmental Protection Advisory Council. The Environmental Protection Advisory Council consists of eight members. The secretary serves as an ex officio member of the council and as its chair. The remaining seven members are appointed by the Governor. Each member serves for a term of four years and may be reappointed. Vacancies on the council shall be filled within sixty days after the vacancy occurs.(b) Two members of the council shall represent industries regulated by the department or their trade associations. Two members shall represent organizations advocating environmental protection. One member shall represent organizations representing local governments. One member shall represent public service districts. One member shall represent the largest coal miner's labor organization in the state. In making subsequent appointments this balance of membership shall be maintained.(c) Appointed members shall be paid the same compensation and expense reimbursement as is paid to members of the Legislature for their interim duties as recommended by the Citizens Legislative Compensation Commission and authorized by law for each day or portion thereof engaged in the discharge of official duties.(d) The council shall meet at least once every quarter, at the call of the chair or upon the unanimous request of its members.(e) The council shall:(1) Consult with and advise the director on program and policy development, problem solving and other appropriate subjects;(2) Identify and define problems associated with the implementation of the policy set forth in section one of this article;(3) Provide and disseminate to industry and the public early identification of major federal program and regulatory changes;(4) Provide a forum for the resolution of conflicts between constituency groups;(5) To the extent possible, strive for consensus on the development of overall environmental policy; and(6) Provide an annual report to the Joint Committee on Government and Finance on or before January 1 of each year relating to its findings with regard to the department's performance during the previous year. The report will specifically address the department's performance in accomplishing the nine purposes set forth in subsection (b), section one of this article.(f) Notwithstanding any other provision of this code to the contrary, upon approval by majority vote of the Environmental Protection Advisory Council's members, the council may submit recommendations for rulemaking to the Secretary of the Department of Environmental Protection. The secretary shall consider the council's recommendations for rulemaking when developing agency rules to be submitted for legislative approval.
WV Code § 22-1-10 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 1. Department of Environmental Protection|§22-1-10. Allocation of Appropriations and Effect on Personnel

(a) The director may, with the exception of the special reclamation fund established in section eleven, article three of this chapter, expend, in accordance with the provisions of chapter five-a of this code, from special revenue accounts, and funds established pursuant to this chapter and chapters twenty-two-b and twenty-two-c of this code, amounts necessary to implement and administer the general powers, duties and responsibilities of the Division of Environmental Protection: Provided, That federal funds required by law to be expended for a specific purpose may not be expended for any purpose contrary to the laws, rules or regulations of the federal government.(b) With respect to employees affected by the creation of the division or the transfer of functions and offices to the division the layoff and recall rights of such employees within the classified service of the state as provided in subsections (5) and (6), section ten, article six, chapter twenty-nine of this code are limited to the department of commerce, labor and environmental resources and further limited to an occupational group substantially similar to the occupational group established by the classification and compensation plan for the classified service of the agency or board in which the employee was employed: Provided, That the employee has the qualifications established for the job class. The duration of recall rights provided in this subsection is limited to two years or the length of tenure, whichever is less. Except as provided in this subsection, nothing contained in this section abridges the rights of employees within the classified service of the state as provided in sections ten and ten-a, article six, chapter twenty-nine of this code.(c) The director is empowered to authorize the payment of all or any part of the reasonable expenses of employees of the division in moving their household furniture and effects as a result of a reassignment of such employee caused by a transfer of functions or offices to the division.
WV Code § 22-1-12 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 1. Department of Environmental Protection|§22-1-12. Public Information

The division shall collect, organize and from time to time distribute to the public, through news media or otherwise, interesting facts, information and data concerning the state's environment and its environmental regulatory programs. The director may organize and promote lectures, demonstrations, symposiums, schools and other educational programs relating to the state's environment and its protection. Video tapes, motion pictures, slide films and other photographic services may be provided for instruction on the environment and its protection for schools, other governmental agencies, and civic organizations under such rules as may be prescribed by the director.The director shall select and designate a competent and qualified person as division public information officer, who is responsible for the organization and management of the division's public information and public affairs programs.
WV Code § 22-1-13 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 1. Department of Environmental Protection|§22-1-13. Notification of Permitting Decisions

Any person may request the director to notify the person of a decision to issue or deny a specific permit applied for under this chapter. The request must be in writing and received by the director within the public comment period or at a public hearing held for the specific permit application. If there is no public comment period or public hearing held for the specific permit application the director is required to make the notification under this section only if the request for notification is received by the director at least two working days prior to notifying the applicant of the decision. The director shall notify all persons who have made a timely request under this section of the decision on the application at the same time the applicant is notified of the decision. The notification shall advise the person of any appeal rights under this chapter.
WV Code § 22-1-14 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 1. Department of Environmental Protection|§22-1-14. Stream Restoration Fund; Creation; Special Account; Purposes and Expenditures

(a) There is hereby created in the state Treasury a special interest bearing account known as the "stream restoration fund". Moneys received by the division pursuant to transfers from any other account lawfully transferred, from the federal government and other sources, from mitigation, moneys, from gifts, bequests, donations and contributions, and other moneys lawfully received from whatever source, may be deposited in the state Treasury to the credit of the stream restoration fund.(b) Expenditures from the fund are not authorized from collections but shall only be authorized by line item appropriation by the Legislature. The moneys are to be used and expended for the restoration and enhancement of the streams and water resources of this state which have been affected by coal mining or acid mine drainage.
WV Code § 22-1-16 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 1. Department of Environmental Protection|§22-1-16. Time for Commencing Proceedings

Notwithstanding any provision of this code to the contrary, no action, suit or proceeding for the administrative, civil or criminal enforcement of any provision of this chapter may be entertained unless commenced within three years from the date the right to bring the action, suit or proceeding has accrued. The limitation of this section applies, but is not limited to, actions, suits or proceedings for the recovery of any fine, penalty or forfeiture, pecuniary or otherwise. This section does not apply to the enforcement of any provision when the violation is part of a continuing violation and the last act of the continuing violation occurred within three years from the date of the commencement of the enforcement action.
WV Code § 22-1A-1 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 1A. Private Real Property Protection|§22-1A-1. Short Title

This article shall be known and may be cited as the Private Real Property Protection Act.
WV Code § 22-1A-2 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 1A. Private Real Property Protection|§22-1A-2. Legislative Findings and Purpose

It is the policy of this state that action by the Division of Environmental Protection affecting private real property is subject to such protection as is afforded by the Constitutions of the United States and of West Virginia and the principles of nuisance law. The Legislature intends that the Division of Environmental Protection follow certain procedures to ensure Constitutional protection of private real property rights, while also meeting its obligation to protect the quality of the environment, and reduce the burden on citizens, local governments and this state caused by certain actions affecting private real property. The purpose of this article is to establish an orderly, consistent process that better enables the division to evaluate how potential administrative action by it may affect privately owned real property. It is not the purpose of this article to reduce or expand the scope of private real property protections provided in section nine, article three of the Constitution of West Virginia and the fifth and fourteenth amendments of the Constitution of the United States, as those provisions have been and may in the future be interpreted by the state and federal courts of competent jurisdiction with respect to such matters for this state.
WV Code § 22-1A-3 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 1A. Private Real Property Protection|§22-1A-3. Actions by Division of Environmental Protection; Requirement for Assessment

(a) Whenever the Division of Environmental Protection considers any action within its statutory authority that is reasonably likely to deprive a private real property owner of his or her property in fee simple or to deprive an owner of all productive use of his or her private real property, it shall prepare an assessment that includes, but need not be limited to, the following:(1) An identification of the risk created by the private real property use, and a description of the environmental, health, safety, or other benefit to be achieved by the proposed action;(2) The anticipated effects, if any, on other real property owners or on the environment if the division does not take the proposed action;(3) An explanation of how the division believes its action advances the purpose of protecting against the risk;(4) The reasons that the division believes that its action is likely to result in requiring the state, under applicable Constitutional principles and case law, to compensate the owner of private real property, including a description of how the action affects the use or value of private real property;(5) Alternatives, if any, to the proposed action that the division believes will fulfill the legal obligations of the division, reduce the impact on the private real property owner and reduce the likelihood of requiring compensation; and(6) An estimate of the cost to the state for compensation in the event such compensation is required.No assessment is required under this article, unless the West Virginia Supreme Court of Appeals or the United State Supreme Court has under similar factual circumstances required compensation to be paid.(b) In the case of an immediate threat to human health and safety that constitutes an emergency and requires an immediate response, the assessment required by this section may be delayed until after the emergency response is completed.(c) The following do not require an assessment under this section:(1) Licensing or permitting conditions, requirements or limitations to the use of private real property pursuant to any applicable state or federal statutes, rules or regulations; or(2) Rules and emergency rules of the division that are reasonably likely to limit the use of private real property pursuant to any applicable state or federal statutes, rules or regulations; or(3) Enforcement actions undertaken by the division pursuant to any applicable state or federal statutes, rules or regulations.
WV Code § 22-1A-4 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 1A. Private Real Property Protection|§22-1A-4. Buffer Zones

(a) Prior to the Division of Environmental Protection requiring that a buffer zone be created on private real property, the division shall prepare a report which shall identify the public purpose or policy which is to be served by the creation of the buffer zone and how the creation and maintenance of the buffer zone promotes or fulfills that public purpose or policy. This report is in addition to any other assessment required pursuant to the provisions of this article.(b) Any report made pursuant to this section is public information.(c) In the case of an immediate threat to human health and safety that constitutes an emergency and requires an immediate response, the report required by this section may be delayed until after the emergency response is completed.
WV Code § 22-1A-5 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 1A. Private Real Property Protection|§22-1A-5. Remedies

When a court of competent jurisdiction determines that action of the Division of Environmental Protection, within its statutory authority, requires that compensation be paid to a private real property owner pursuant to section nine, article three of the Constitution of West Virginia, or the fifth or fourteenth amendments of the Constitution of the United States or the principles of nuisance law, the private real property owner is also entitled to his or her reasonable attorney fees and costs:(1) If the court determines that the division failed to perform the assessment required in section three of this article; or(2) If the court determines that the division performed the assessment required in section three of this article but failed to conclude that its action was reasonably likely to require compensation to be paid to the private real property owner.
WV Code § 22-1A-6 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 1A. Private Real Property Protection|§22-1A-6. Scope of Application

The provisions of this article only apply to the programs administered by the Division of Environmental Protection on the effective date of this article.
WV Code § 22-2-1 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 2. Abandoned Mine Lands and Reclamation Act|§22-2-1. Short Title

This article shall be known and cited as the Abandoned Mine Lands and Reclamation Act.
WV Code § 22-2-2 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 2. Abandoned Mine Lands and Reclamation Act|§22-2-2. Legislative Findings; Intent and Purpose of Article; Jurisdiction and Authority of Director

The Legislature finds that there are a substantial number of acres of land throughout the state that were disturbed by surface-mining operations prior to the time of present day effective control and regulation. There was little or no reclamation conducted and the impacts from these unreclaimed lands impose social and economic costs on residents in nearby and adjoining areas as well as continue to impair environmental quality, prevent or damage the beneficial use of land or water resources, or endanger the health and safety of the public.Further, the Legislature finds and declares that, due to the passage of the federal Surface Mining Control and Reclamation Act of 1977, certain areas within the boundaries of this state do not meet present day standards for reclamation.Further, the Legislature finds that Title IV of the federal Surface Mining Control and Reclamation Act of 1977, Public Law 95-87, provides for the collection of 35¢ per ton of coal produced from surface-mine operations and 15¢ per ton of coal produced from underground mine operations in West Virginia to be collected by the secretary of the United States department of the interior until September 30, 2004. At least fifty percent of the funds collected are to be allocated directly to the State of West Virginia to accomplish reclamation of abandoned coal mining operations, as of the date the State of West Virginia obtained an approved abandoned mine reclamation plan in accordance with Sections 405 and 503 of the federal Surface Mining Control and Reclamation Act of 1977, as amended.Therefore, it is the intent of the Legislature by this article to vest jurisdiction and authority in the director of the Division of Environmental Protection to maintain program approval by, and receipt of funds from, the United States department of the interior to accomplish the desired restoration and reclamation of our land and water resources.
WV Code § 22-2-3 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 2. Abandoned Mine Lands and Reclamation Act|§22-2-3. Definitions

(a) All definitions set forth in article three of this chapter apply to those defined terms which also appear in this article, if applicable.(b) For the purposes of this article the following words have the meanings ascribed to them in this subsection:(1) "Director" means the director of the Division of Environmental Protection or such other person to whom the director has delegated authority or duties pursuant to sections six or eight, article one of this chapter;(2) "Division" means the Division of Environmental Protection; and(3) "Secretary" means the secretary of the United States Department of Interior.
WV Code § 22-2-5 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 2. Abandoned Mine Lands and Reclamation Act|§22-2-5. Powers and Duties of Director; Program Plans and Reclamation Projects

(a) The director shall submit to the secretary a state reclamation plan and annual projects to carry out the purposes of this article.(b) That reclamation plan shall generally identify the areas to be reclaimed, the purposes for which the reclamation is proposed, the relationship of the lands to be reclaimed and the proposed reclamation to surrounding areas, the specific criteria for ranking and identifying projects to be funded and the legal authority and programmatic capability to perform the work in conformance with the provisions of this article.(c) On an annual basis, the director shall submit to the secretary an application for the support of the state program and implementation of specific reclamation projects. The annual requests shall include information as may be requested by the secretary including:(1) A general description of each proposed project;(2) A priority evaluation of each proposed project;(3) A statement of the estimated benefits in such terms as number of acres restored, miles of stream improved, acres of surface lands protected from subsidence, population protected from subsidence, air pollution and hazards of mine and coal refuse disposal area fires;(4) An estimate of the cost for each proposed project;(5) In the case of proposed research and demonstration projects, a description of the specific techniques to be evaluated or objective to be attained;(6) An identification of lands or interest therein to be acquired and the estimated cost; and(7) In each year after the first in which a plan is filed under this article, an inventory of each project funded under the previous year's grant, which inventory shall include details of financial expenditures on the project together with a brief description of the project, including the project's location, the landowner's name, acreage and the type of reclamation performed.(d) The costs for each proposed project under this section include actual construction costs, actual operation and maintenance costs of permanent facilities, planning and engineering costs, construction inspection costs and other necessary administrative expenses.