reglab/housing_qa huggingface dataset:
WV Code § 22-30-17 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 30. The Aboveground Storage Tank Act|§22-30-17. Civil and Criminal Penalties

(a) Any person who fails to comply with an order of the secretary issued under subsection (a), section sixteen 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 or operator of an aboveground storage tank who knowingly fails to register or obtain a certificate to operate a regulated aboveground storage tank or submits false information pursuant to this article is liable for a civil penalty not to exceed $10,000 for each aboveground storage tank that is not registered or for which a certificate to operate a regulated aboveground storage tank is not obtained or for which false information is submitted.(c) Any owner or operator of an aboveground storage tank who fails to comply with any requirement of this article or any standard promulgated by the secretary pursuant to this article is subject to a civil penalty not to exceed $10,000 for each day of violation.(d) Any person who knowingly and intentionally violates any provision of this article, or any rule or order issued under or subject to the provisions of this article, is guilty of a misdemeanor and, upon conviction thereof, shall be confined in a regional jail for a period of time not exceeding one year, and be fined an amount not to exceed $25,000.(e) Any person convicted of a second or subsequent willful violation as set forth in subsection (d) of this section is guilty of a felony and, upon conviction, may be imprisoned in a correctional facility not less than one nor more than three years, or fined not more than $50,000 for each day of violation, or both fined and imprisoned.(f) Any person may be prosecuted and convicted under the provisions of this section notwithstanding that none of the administrative remedies provided in this article have been pursued or invoked against said person and notwithstanding that civil action for the imposition and collection of a civil penalty or an application for an injunction under the provisions of this article has not been filed against such person.(g) Where a person holding a permit is carrying out a program of pollution abatement or remedial action in compliance with the conditions and terms of a corrective action plan approved by the secretary, the person is not subject to criminal prosecution for pollution recognized and authorized by the approved corrective action plan.(h) Civil penalties are payable to the secretary. All moneys collected under this section for civil fines collected under this article shall be deposited into either the AST Administrative Fund or the Protect Our Water Fund. All money deposited into these accounts shall be used by the secretary solely for the purposes described in sections twelve and thirteen of this article.
WV Code § 22-30-18 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 30. The Aboveground Storage Tank Act|§22-30-18. Appeal to Environmental Quality Board

Any person aggrieved or adversely affected by an action, decision or order of the secretary 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 § 22-30-19 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 30. The Aboveground Storage Tank Act|§22-30-19. 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 the subsequent proceeding involves the violation of a permit or permitting requirement of the other article.
WV Code § 22-30-20 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 30. The Aboveground Storage Tank Act|§22-30-20. Reporting and Accountability

(a) Every year, the secretary shall submit a report to the Joint Legislative Oversight Commission on State Water Resources and the Joint Committee on Government and Finance which assesses the effectiveness of this article and provides other information as may be requested by the commission to allow it to assess the effectiveness of this article, including, without limitation, the secretary's observations concerning all aspects of compliance with this article and any legislative rules promulgated pursuant hereto, the regulatory process, and any pertinent changes to federal rules or regulations.(b) The secretary shall keep accurate accounts of all receipts and disbursements related to the administration of the Aboveground Storage Tank Administrative Fund and shall make a detailed annual report to the Joint Legislative Oversight Commission on State Water Resources and the Joint Committee on Government and Finance addressing the administration of the fund.(c) The secretary shall keep accurate accounts of all receipts and disbursements related to the administration of the Protect Our Water Fund and shall make a specific annual report to the Joint Legislative Oversight Commission on State Water Resources and the Joint Committee on Government and Finance addressing the administration of the fund.
WV Code § 22-30-21 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 30. The Aboveground Storage Tank Act|§22-30-21. Interagency Cooperation

(a) In implementation of this article, the secretary shall coordinate with the Department of Health and Human Resources, the West Virginia Public Service Commission, the Division of Homeland Security and Emergency Management and local health departments to ensure the successful planning and implementation of this act, including consideration of the role of those agencies in providing services to owners and operators of regulated aboveground storage tanks and public water systems.(b) The Division of Homeland Security and Emergency Management shall also coordinate with state and local emergency response agencies to facilitate a coordinated emergency response and incident command and communication between the owner or operator of the regulated aboveground storage tank, the state and local emergency response agencies, and the affected public water systems.
WV Code § 22-30-22 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 30. The Aboveground Storage Tank Act|§22-30-22. Imminent and Substantial Danger

(a) Notwithstanding any other provision of this code to the contrary, upon receipt of evidence that an aboveground storage tank may present an imminent and substantial danger to human health, water resources or the environment, the secretary may bring suit on behalf of the State of West Virginia in the circuit court of the county in which the imminent and substantial danger exists or in the circuit court of Kanawha County against any owner or operator of an aboveground storage tank who has contributed or who is contributing to imminent and substantial danger to public health, safety, water resources or the environment to order the person to take action as may be necessary to abate the situation and protect human health, safety, water resources and the environment from contamination caused by a release of fluid from an aboveground storage tank.(b) Upon receipt of information that there is any aboveground storage tank that presents an imminent and substantial danger to human health, safety, water resources or the environment, the secretary shall require the owner or operator of the tank to provide immediate notice to the appropriate state and local government agencies and any affected public water systems. In addition, the secretary shall require notice of any danger to be promptly posted at the aboveground storage tank facility containing the aboveground storage tank at issue.
WV Code § 22-30-23 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 30. The Aboveground Storage Tank Act|§22-30-23. Promulgation of Rules

The secretary shall promulgate emergency and legislative rules as necessary to implement the provisions of this article in accordance with the provisions of article three, chapter twenty-nine-a of this code.
WV Code § 22-30-24 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 30. The Aboveground Storage Tank Act|§22-30-24. Powers and Duties of Secretary

 (a) In addition to the powers and duties prescribed in this chapter or otherwise provided by law, the secretary has the exclusive authority to perform all acts necessary to implement this article.(b) The secretary may receive and expend money from the federal government or any other sources to implement this article.(c) The secretary may revoke any registration or certificate to operate for a significant violation of this article or the rules promulgated hereunder.(d) The secretary may issue orders, assess civil penalties, institute enforcement proceedings, and prosecute violations of this article as necessary.(e) The secretary, in accordance with this article, may order corrective action to be undertaken, take corrective action, or authorize a third party to take corrective action.(f) The secretary may recover the costs of taking corrective action, including costs associated with authorizing third parties to perform corrective action. Costs may not include routine inspection and administrative activities not associated with a release.(g) The secretary shall promulgate for review and consideration by the West Virginia Legislature in the regular session of the Legislature, 2020, legislative rules to incorporate the relevant provisions of this article in the Groundwater Protection Rules for Coal Mining, 38 CSR 2F, for tanks and devices located at coal mining operations.
WV Code § 22-30-25 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 30. The Aboveground Storage Tank Act|§22-30-25. Waiving Certain Requirements of This Article for Specified Categories of Aboveground Storage Tanks as Designated by the Department by Legislative Rule

The secretary may designate, by rules proposed for legislative approval in accordance with article three, chapter twenty-nine-a of this code, additional categories of aboveground storage tanks for which one or more of the requirements of this article may be waived upon a determination that such categories of aboveground storage tanks either do not represent a substantial threat of contamination or they are currently regulated under standards that are consistent with the protective standards and requirements set forth in this article and rules promulgated thereunder.
WV Code § 22-30-26 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 30. The Aboveground Storage Tank Act|§22-30-26. Secretary's Authority to Require Individual Npdes Permits Within a Zone of Critical Concern

Any person who holds a National Pollutant Discharge Elimination System general permit pursuant to the federal Water Pollution Control Act or the West Virginia Water Pollution Control Act, article eleven of this chapter, for a site that contains one or more regulated aboveground storage tanks may be required by the secretary to apply for and hold an individual permit under those acts. Any general NPDES permit in effect on the effective date of this act shall remain in effect until the secretary either issues or denies the individual NPDES permit.
WV Code § 22-31-1 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 31. The Public Water Supply Protection Act|§22-31-1. Short Title

This article may be known and cited as the Public Water Supply Protection Act.
WV Code § 22-32-1 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 32. The West Virginia Wind and Solar Energy Facility Reclamation Act|§22-32-1. Legislative Findings and Purpose

(a) The Legislature finds that the State of West Virginia has an interest in assuring that wind generation facilities and solar generation facilities are properly decommissioned and reclaimed once the facility has been permanently closed.(b) The Legislature further finds that the most efficient manner by which to protect the citizens of the State of West Virginia is to require that wind generation facilities and solar generation facilities secure bonding sufficient to pay for all decommissioning and reclamation costs of the property on which wind generation facilities and solar generation facilities are operated.(c) Therefore, in view of the findings relating to the decommissioning and reclamation of wind generation facilities and solar generation facilities, the Legislature declares it to be the public policy of the State of West Virginia to eliminate the present danger resulting from abandoned wind generation facilities and solar generation facilities and that in order to provide for the public health, safety, and welfare, it is necessary to enact legislation to those ends by requiring companies that construct and operate wind generation facilities and solar generation facilities to post bonds and execute agreements sufficient to cover the costs of decommissioning and reclamation in the event they are abandoned after closure.
WV Code § 22-32-2 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 32. The West Virginia Wind and Solar Energy Facility Reclamation Act|§22-32-2. Short Title

This article shall be known and cited as The West Virginia Wind and Solar Energy Facility Reclamation Act.
WV Code § 22-32-3 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 32. The West Virginia Wind and Solar Energy Facility Reclamation Act|§22-32-3. Definitions

As used in this article, unless the context requires otherwise, the following definitions apply:(a) "Board" means the Environmental Quality Board provided for in 22B-1-7 of this code.(b) "Decommission" or "decommissioning" means:(1) The removal and proper disposal of the solar generation facility and its foundation after the end of the facilitys useful life or abandonment; or(2) The removal and proper disposal of an aboveground wind turbine tower and its foundation after the end of a wind generation facilitys useful life or abandonment; and(3) Except as otherwise provided in 22-32-4 of this code, the removal and proper disposal of buildings, equipment, cabling, electrical components, roads, or any other facilities associated with a wind generation or solar generation facility; and(4) Except as otherwise provided in 22-32-4 of this code, the reclamation of the surface lands upon which buildings, equipment, and equipment foundations using backfill and compacting of soil in order to return the surface to beneficial use and to prevent adverse hydrologic effects. (c) "Department", "agency", and "DEP" mean the West Virginia Department of Environmental Protection.(d) "Owner" means a person who owns a wind generation or solar generation facility operated in West Virginia for the generation of electricity.(e) "Person" means any individual, firm, partnership, company, association, corporation, limited liability company, city, town, or local governmental entity or any other state, federal, or private entity, whether organized for profit or not.(f) "Solar generation facility" means an installation or combination of solar panels or plates, including a canopy or array, and other associated property, including appurtenant land, improvements, and personal property, that are normally operated together to capture and convert solar radiation to produce electricity, including flat plate, focusing solar collectors, or photovoltaic solar cells, and that has a nameplate capacity, singularly or in the aggregate, greater than or equal to 1.0 megawatts.(g) "Wind generation facility" means any combination of a physically connected wind turbine or turbines, associated prime movers, and other associated property, including appurtenant land, improvements, and personal property, that are normally operated together to produce electric power from wind and that have a nameplate capacity, singularly or in the aggregate, greater than or equal to 1.0 megawatts.(h) "Bond" means a surety bond or any other arrangement, including but not limited to letters of credit and escrow accounts, that represent a financial guarantee from the owner of a wind generation facility or solar generation facility to meet decommissioning requirements as established in this Act.
WV Code § 22-32-5 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 32. The West Virginia Wind and Solar Energy Facility Reclamation Act|§22-32-5. Wind and Solar Decommissioning Account, Bonds to Be Held

(a) This article establishes a Wind and Solar Decommissioning Account within the State Treasury. There must be paid into the account:(1) Fees and penalties collected in accordance with the article; and(2) Interest income earned on the account.(b)(1) Money in the account may only be used by the Department of Environmental Protection (DEP) in implementing this article and rules adopted pursuant to this article.(2) The DEP shall administer this program using existing resources and money in the account.(c) The DEP shall maintain and hold bonds or other surety received by the DEP as authorized by this article for use in accordance with this article.
WV Code § 22-32-6 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 32. The West Virginia Wind and Solar Energy Facility Reclamation Act|§22-32-6. Bond Release

(a)(1) Subject to subdivision (2) of this subsection, the Department of Environmental Protection (DEP) shall release the bond if it is satisfied that an owner has properly decommissioned a wind generation facility or solar generation facility in accordance with the plan required by this article.(2) At any time, an owner of a wind generation facility or solar generation facility may petition the DEP for release of the bond, and the DEP shall reply with a determination within 90 days.(b) If the owner of a wind generation facility or solar generation facility fails to properly decommission a wind generation facility or solar generation facility and has not commenced action to rectify deficiencies within 90 days after notification by the DEP, the DEP shall cause the bond to be forfeited. The DEP, through its Office of Environmental Remediation or by contract with a private entity, may take any necessary actions to decommission the wind generation facility or solar generation facility. Upon completion, the DEP may file suit to enforce the permit conditions, plans, and agreements to recoup the cost of decommissioning and reclamation in the circuit court of Kanawha County or in the circuit court of the county in which the wind generation facility or solar generation facility is located.
WV Code § 22-32-7 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 32. The West Virginia Wind and Solar Energy Facility Reclamation Act|§22-32-7. Rulemaking

The Department of Environmental Protection (DEP) may promulgate such emergency, interpretive, legislative, and procedural rules as the secretary deems to be useful or necessary to carry out the purpose of this article and to implement the intent of the Legislature in accordance with the provisions of 29A-3-1 et seq. of this code, prescribing:(a) Standards and procedures for reclamation, submission of applications and agreements, and reasonable bonds with good and sufficient surety by the owners of wind generation facilities and solar generation facilities;(b) The collection of fees and penalties in accordance with this article;(c) Criteria and the process for releasing a bond in accordance with this article;(d) The DEPs use of a bond in the event that the owner of a wind generation facility or solar generation facility fails to decommission a wind generation facility or solar generation facility;(e) Information required by the department to determine bond requirements in accordance with this article; and(f) Any additional requirements to ensure compliance with this article.
WV Code § 22-32-8 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 32. The West Virginia Wind and Solar Energy Facility Reclamation Act|§22-32-8. Decommissioning Agreements

Decommissioning agreements entered by wind and solar facilities not exempted from this Act shall address, at a minimum: (a) The term and scope of the agreement, including access and easement rights for decommissioning activities thereunder;(b) The establishment of a bond or fund for decommissioning activities; provisions governing the same; initial balances; and whether an escrow agreement is required for the fund;(c) The requirement to review, amend, and restate the decommissioning agreement every five years and adjust the required balance of the bond or fund for decommissioning activities;(d) The Department of Environmental Protections right to review, modify, and approve the independent third-partys plan: Provided, that the Department of Environmental Protections approval of an qualified independent third-party evaluation shall not be unreasonably withheld;(e) Industry standards or citations to the same to be met for decommissioning wind and solar facilities, including a statement of the restoration goal and the treatment of abandoned equipment on owned or leased property;(f) The process for making claims and disbursements under the agreements decommissioning fund;(g) The termination of the decommissioning agreement following the completion of decommissioning activities;(h) Required notices;(i) The assignment of rights and obligations under the agreement; and(j) Force majeure provisions excusing performance or delays in performance due to fire, earthquake, flood, tornado, disasters, or act of God, terrorism, pandemic, change of law, or any other cause beyond a partys control.The secretary of the Department of Environmental Protection may propose rules for legislative approval in accordance with the provisions of chapter 29A of this code establishing a model decommissioning agreement for wind and solar facilities governed under this act.
WV Code § 22A-1-1 (2021)
2021 West Virginia Code|Chapter 22A. Miners' Health, Safety and Training|Article 1. Office of Miners' Health, Safety and Training; Administration; Enforcement|§22A-1-1. Continuation of the Office of Miners' Health, Safety and Training; Purpose

(a) The office of miners' health, safety and training is continued and is a separate office within the Department of Commerce, labor and environmental resources. The office shall be administered, in accordance with the provisions of this article, under the supervision and direction of the director of the office of miners' health, safety and training.(b) The division of health, safety and training shall have as its purpose the supervision of the execution and enforcement of the provisions of this chapter and, in carrying out the aforesaid purposes, it shall give prime consideration to the protection of the safety and health of persons employed within or at the mines of this state. In addition, the division shall, consistent with the aforesaid prime consideration, protect and preserve mining property and property used in connection therewith.
WV Code § 22A-1-5 (2021)
2021 West Virginia Code|Chapter 22A. Miners' Health, Safety and Training|Article 1. Office of Miners' Health, Safety and Training; Administration; Enforcement|§22A-1-5. Offices Continued in the Office of Miners’ Health, Safety and Training

(a) There are hereby continued in the Office of Miners’ Health, Safety and Training the following offices:(1) The Board of Coal Mine Health and Safety established pursuant to article six of this chapter;(2) The Coal Mine Safety and Technical Review Committee established pursuant to article six of this chapter; and(3) The Board of Appeals provided for pursuant to the provisions of article five of this chapter.(b) Nothing in this article may authorize the director or the secretary of the Department of Commerce, Labor and Environmental resources to alter, discontinue or abolish any office, board or commission or the functions thereof, which are established by status.