reglab/housing_qa huggingface dataset:
WV Code § 22-22B-3 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 22B. Uniform Environmental Covenants Act|§22-22B-3. Nature of Rights; Subordination of Interests

(a) Any person, including a person that owns an interest in the real property, the agency, or a municipality or other unit of local government, may be a holder. An environmental covenant may identify more than one holder. The interest of a holder is an interest in real property.(b) A right of an agency under this article or under an environmental covenant, other than a right as a holder, is not an interest in real property.(c) An agency is bound by any obligation it assumes in an environmental covenant, but an agency does not assume obligations merely by signing an environmental covenant. Any other person that signs an environmental covenant is bound by the obligations the person assumes in the covenant, but signing the covenant does not change obligations, rights or protections granted or imposed under law other than this article except as provided in the covenant.(d) The following rules apply to interests in real property in existence at the time an environmental covenant is created or amended:(1) An interest that has priority under other law is not affected by an environmental covenant unless the person that owns the interest subordinates that interest to the covenant.(2) This article does not require a person that owns a prior interest to subordinate that interest to an environmental covenant or to agree to be bound by the covenant.(3) A subordination agreement may be contained in an environmental covenant covering real property or in a separate record. If the environmental covenant covers commonly owned property in a common interest community, the record may be signed by any person authorized by the governing board of the owners' association.(4) An agreement by a person to subordinate a prior interest to an environmental covenant affects the priority of that person's interest but does not by itself impose any affirmative obligation on the person with respect to the environmental covenant.
WV Code § 22-22B-4 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 22B. Uniform Environmental Covenants Act|§22-22B-4. Contents of Environmental Covenant

(a) An environmental covenant must:(1) State that the instrument is an environmental covenant executed pursuant to this article;(2) Contain a legally sufficient description of the real property subject to the covenant;(3) Describe the activity and use limitations on the real property;(4) Identify every holder;(5) Be signed and notarized by the agency, every holder, and unless waived by the agency every owner of the fee simple of the real property subject to the covenant; and(6) Identify the name and location of any administrative record for the environmental response project reflected in the environmental covenant.(b) In addition to the information required by subsection (a) of this section, an environmental covenant may contain other information, restrictions and requirements agreed to by the persons who signed it, including any:(1) Requirements for notice following transfer of a specified interest in, or concerning proposed changes in use of, applications for building permits for, or proposals for any site work affecting the contamination on, the property subject to the covenant;(2) Requirements for periodic reporting describing compliance with the covenant;(3) Rights of access to the property granted in connection with implementation or enforcement of the covenant;(4) A brief narrative description of the contamination and remedy, including the contaminants of concern, the pathways of exposure, limits on exposure and the location and extent of the contamination;(5) Limitation on amendment or termination of the covenant in addition to those contained in sections nine and ten of this article; and(6) Rights of the holder in addition to its right to enforce the covenant pursuant to section eleven of this article.(c) In addition to other conditions for its approval of an environmental covenant, the agency may require those persons specified by the agency who have interests in the real property to sign the covenant.
WV Code § 22-22B-5 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 22B. Uniform Environmental Covenants Act|§22-22B-5. Validity; Effect on Other Instruments

(a) An environmental covenant that complies with this article runs with the land.(b) An environmental covenant that is otherwise effective is valid and enforceable even if:(1) It is not appurtenant to an interest in real property;(2) It can be or has been assigned to a person other than the original holder;(3) It is not of a character that has been recognized traditionally at common law;(4) It imposes a negative burden;(5) It imposes an affirmative obligation on a person having an interest in the real property or on the holder;(6) The benefit or burden does not touch or concern real property;(7) There is no privity of estate or contract;(8) The holder dies, ceases to exist, resigns or is replaced; or(9) The owner of an interest subject to the environmental covenant and the holder are the same person.(c) An instrument that creates restrictions or obligations with respect to real property that would qualify as activity and use limitations except for the fact that the instrument was recorded before the effective date of the enactment of this article during the regular session of the Legislature in two thousand five is not invalid or unenforceable because of any of the limitations on enforcement of interests described in subsection (b) of this section or because it was identified as an easement, servitude, deed restriction or other interest. This article does not apply in any other respect to such an instrument.(d) This article does not invalidate or render unenforceable any interest, whether designated as an environmental covenant or other interest, that is otherwise enforceable under the law of this state.
WV Code § 22-22B-6 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 22B. Uniform Environmental Covenants Act|§22-22B-6. Relationship to Other Land-Use Law

This article does not authorize a use of real property that is otherwise prohibited by zoning, by law other than this article regulating use of real property, or by a recorded instrument that has priority over the environmental covenant. An environmental covenant may prohibit or restrict uses of real property which are authorized by zoning or by law other than this article.
WV Code § 22-22B-7 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 22B. Uniform Environmental Covenants Act|§22-22B-7. Notice

(a) A copy of an environmental covenant shall be provided by the persons and in the manner required by the agency to:(1) Each person that signed the covenant;(2) Each person holding a recorded interest in the real property subject to the covenant;(3) Each person in possession of the real property subject to the covenant;(4) Each municipality or other unit of local government in which real property subject to the covenant is located; and(5) Any other person the agency requires.(b) The validity of a covenant is not affected by failure to provide a copy of the covenant as required under this section.
WV Code § 22-22B-8 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 22B. Uniform Environmental Covenants Act|§22-22B-8. Recording

(a) An environmental covenant and any amendment or termination of the covenant must be recorded in every county in which any portion of the real property subject to the covenant is located. For purposes of indexing, a holder shall be treated as a grantee.(b) Except as otherwise provided in subsection (c), section nine of this article, an environmental covenant is subject to the laws of this state governing recording and priority of interests in real property.
WV Code § 22-22B-9 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 22B. Uniform Environmental Covenants Act|§22-22B-9. Duration; Amendment by Court Action

(a) An environmental covenant is perpetual unless it is:(1) By its terms limited to a specific duration or terminated by the occurrence of a specific event;(2) Terminated by consent pursuant to section ten of this article;(3) Terminated pursuant to subsection (b) of this section;(4) Terminated by foreclosure of an interest that has priority over the environmental covenant; or(5) Terminated or modified in an eminent domain proceeding, but only if:(A) The agency that signed the covenant is a party to the proceeding;(B) All persons identified in subsections (a) and (b), section ten of this article are given notice of the pendency of the proceeding; and(C) The court determines, after hearing, that the termination or modification will not adversely affect human health or the environment.(b) If the agency that signed an environmental covenant has determined that the intended benefits of the covenant can no longer be realized, a court, under the doctrine of changed circumstances, in an action in which all persons identified in subsections (a) and (b), section ten of this article have been given notice, may terminate the covenant or reduce its burden on the real property subject to the covenant. The agency's determination or its failure to make a determination upon request is subject to review pursuant to article five, chapter twenty-nine-a of this code.(c) Except as otherwise provided in subsections (a) and (b) of this section, an environmental covenant may not be extinguished, limited or impaired through issuance of a tax deed, foreclosure of a tax lien, or application of the doctrine of adverse possession, prescription, abandonment, waiver, lack of enforcement, or acquiescence, or a similar doctrine.(d) An environmental covenant may not be extinguished, limited, or impaired except as authorized by this article.
WV Code § 22-22B-10 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 22B. Uniform Environmental Covenants Act|§22-22B-10. Amendment or Termination by Consent

(a) An environmental covenant may be amended or terminated by consent only if the amendment or termination is signed by:(1) The agency;(2) Unless waived by the agency, the current owner of the fee simple of the real property subject to the covenant;(3) Each person that originally signed the covenant, unless the person waived in a signed record the right to consent or a court finds that the person no longer exists or cannot be located or identified with the exercise of reasonable diligence; and(4) Except as otherwise provided in subdivision (2), subsection (d) of this section, the holder.(b) If an interest in real property is subject to an environmental covenant, the interest is not affected by an amendment of the covenant unless the current owner of the interest consents to the amendment or has waived in a signed record the right to consent to amendments.(c) Except for an assignment undertaken pursuant to a governmental reorganization, assignment of an environmental covenant to a new holder is an amendment.(d) Except as otherwise provided in an environmental covenant:(1) A holder may not assign its interest without consent of the other parties;(2) A holder may be removed and replaced by agreement of the other parties specified in subsection (a) of this section; and(e) A court of competent jurisdiction may fill a vacancy in the position of holder.
WV Code § 22-22B-11 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 22B. Uniform Environmental Covenants Act|§22-22B-11. Enforcement of Environmental Covenant

(a) A civil action for injunctive or other equitable relief for violation of an environmental covenant may be maintained by:(1) A party to the covenant;(2) The agency or, if it is not the agency, the Department of Environmental Protection;(3) Any person to whom the covenant expressly grants power to enforce;(4) A person whose interest in the real property or whose collateral or liability may be affected by the alleged violation of the covenant; or(5) A municipality or other unit of local government in which the real property subject to the covenant is located.(b) This article does not limit the regulatory authority of the agency or the Department of Environmental Protection under law other than this article with respect to an environmental response project.(c) A person is not responsible for or subject to liability for environmental remediation solely because it has the right to enforce an environmental covenant.
WV Code § 22-22B-12 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 22B. Uniform Environmental Covenants Act|§22-22B-12. Uniformity of Application and Construction

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
WV Code § 22-22B-13 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 22B. Uniform Environmental Covenants Act|§22-22B-13. Relation to Electronic Signatures in Global and National Commerce Act

This article modifies, limits or supersedes the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. Section 7001, et seq.) but does not modify, limit or supersede Section 101 of said Act (15 U.S.C. Section 7001(a)) or authorize electronic delivery of any of the notices described in Section 103 of said Act (15 U.S.C. Section 7003(b)).
WV Code § 22-22B-14 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 22B. Uniform Environmental Covenants Act|§22-22B-14. Severability

If any provision of this article or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this article which can be given effect without the invalid provision or application, and to this end the provisions of this article are severable.
WV Code § 22-23-2 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 23. Kyoto Protocol; Enforcement Prohibitions|§22-23-2. Restrictions on State Rules Related to Greenhouse Gas Emissions

(a) The West Virginia Division of Environmental Protection shall refrain from proposing or promulgating any new rule intended, in whole or in part, to reduce emissions of greenhouse gases from the residential, commercial, industrial, electric utility or transportation sectors in order to comply with the Kyoto Protocol;(b) In the absence of an act of the Legislature of the State of West Virginia approving same, the West Virginia Division of Environmental Protection shall not submit to the United States environmental protection agency or to any other agency of the federal government any legally enforceable commitments related to the reduction of greenhouse gases, as such gases are defined by the Kyoto Protocol;(c) Nothing in this section shall be construed to limit or to impede state or private participation in any on-going voluntary initiatives to reduce emissions of greenhouse gases, including, but not limited to, the federal environmental protection agency's "Green Lights" program, the federal department of energy's climate challenge program, and similar state and federal initiatives relying on voluntary participation.(d) This article shall remain in effect until repealed by an Act of the Legislature of the State of West Virginia, or until ratification of the Kyoto Protocol by the United States Senate and enactment of federal legislation implementing the Kyoto Protocol.
WV Code § 22-23A-1 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 23A. Environmental Impact Statement|§22-23A-1. Findings

The Legislature finds:(1) The coal industry is and has been for many years an integral part of the economic and social fabric of the state;(2) That whole communities in this state rely in large part, if not completely, on the coal industry for their continuing vitality;(3) That over the last decade changes in the mining industry have necessitated the development of diverse mining techniques;(4) The coal industry remains essential to economic growth and progress in West Virginia and the United States. Coal continues to sustain our economy and provides the financial security as future diversity and expansion of our job base is explored;(5) The state of West Virginia, through the Division of Environmental Protection, entered into an agreement on December 23, 1998, which imposed additional controls and oversight on the states' mine permitting process by the U.S. corps of engineers, U.S. environmental protection agency, U.S. office of surface mining and the U.S. fish and wildlife service;(6) The agreement of December 23, 1998 further authorized the Division of Environmental Protection, in conjunction with the U.S. environmental protection agency, the U.S. fish and wildlife service, the U.S. army corps of engineers and the U.S. office of surface mining to undertake a two-year study of the effects of mountaintop mining practices which remains incomplete as of the effective date of this article;(7) The state has committed significant funding and other resources to the study;(8) The study is unprecedented in this country in its purpose and scope;(9) The environmental impact statement which will be prepared upon the completion of the study may give rise to consideration of new or revised regulations, policies, guidelines or requirements which are untried or untested anywhere in this country;(10) It is imperative that balance be sought between state rules designed to regulate and protect the environment and the state regulations designed to enhance the ability of the state to continue to market West Virginia coal throughout the nation and the world; and(11) Requiring West Virginia, through new or amended policies, regulations, enforcement or permitting actions to meet requirements more stringent than those otherwise applicable in other states by the federal government and unnecessary for environmental protection would unfairly affect interstate competition for new mining development and employment opportunities.Wherefore the Legislature finds that prior to the implementation of any recommendation arising from the study that the Legislature has an obligation to review the same to protect the interests of the state and the citizens.
WV Code § 22-23A-2 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 23A. Environmental Impact Statement|§22-23A-2. Requiring Department of Environmental Protection to Refrain From Implementing or Adopting Rules or Making Certain Commitments Absent Legislative Approval; Reporting Required

(a) The Division of Environmental Protection may not enter into any legally enforceable commitments related to the implementation of any recommendation which results from the mountaintop mining/valley fill environmental impact statement with any agency of the federal government unless the terms of the commitment are reported to the Legislature.(b) The Division of Environmental Protection may not adopt or modify any rule, in whole or in part, to implement a recommendation resulting from the mountaintop mining/valley fill environmental impact statement except by legislative rule promulgated pursuant to article three, chapter twenty-nine-a of this code.(c) Within ninety days of receipt of any final recommendation from any agency of the federal government related to the mountaintop mining/valley fill environmental impact statement, the director of the West Virginia Division of Environmental Protection shall forward such recommendation, embodied in a report, along with all scientific facts or technical evidence relating to and substantiating such recommendation, to the Governor, President of the Senate and the Speaker of the House of Delegates.
WV Code § 22-24-1 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 24. Small Business Environmental Loan Program|§22-24-1. Legislative Findings, Intent and Purpose

The Legislature hereby finds and declares that, in this state the protection and improvement of the environment, and the sustainability of small businesses, would be collectively enhanced by the establishment of a revolving low-interest small business environmental loan program, to provide partial relief from the burden small businesses face from compliance with existing and new state and federal environmental protection rules and regulations. The Legislature intends, in providing such a loan program for small businesses, that the program will further enable small businesses to aggressively comply with or exceed environmental obligations and requirements and thereby continue as a positive economic force in the State of West Virginia.
WV Code § 22-24-3 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 24. Small Business Environmental Loan Program|§22-24-3. Loan Application Requirements

(a) Any eligible small business may apply for a small business environmental loan by submitting two identical copies of an application to the authority, on forms provided by the authority.(b) The director shall determine environmental program qualification as provided by section two of this article, and based on the following factors:(1) Pertinent environmental benefits of the project, including expected eliminations or reductions of regulated pollutants, solid wastes, hazardous wastes and in the use of toxic and hazardous chemicals, as well as expected benefits from recycling programs, and pollution prevention measures;(2) The degree of compliance with applicable environmental rules, regulations, laws and statutes; and(3) Borrower's past environmental compliance performance, including history of compliance, violations, permitting difficulties and reporting record.
WV Code § 22-24-4 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 24. Small Business Environmental Loan Program|§22-24-4. Loan Conditions

A loan made to an eligible borrower as provided by this article shall:(a) Have an interest rate not to exceed one half of the federal prime interest rate, but in no case may the annual rate be less than four percent: Provided, That environmental loan projects that have been determined by the director to be at a minimum, seventy-five percent "pollution prevention," shall be authorized an additional one half of one percent annual interest rate reduction and the annual interest for these special pollution prevention qualifying environmental projects may be as low as three and one-half percent;(b) Have repayment terms not to exceed ten years;(c) Have collateral terms acceptable to the authority; and(d) Be in an amount of not less than $5,000 nor more than $150,000; but in no case may the amount exceed ninety percent of the cost of the project.