reglab/statecodes huggingface dataset:
2023 West Virginia Code › Chapter 22. Environmental Resources › Article 11B. Underground Carbon Dioxide Sequestration and Storage › §22-11B-12. Certificate of Project Completion, Release, Transfer of Title and Custody, Filing

(a) After carbon dioxide injections into a reservoir end and upon application by the storage operator demonstrating compliance with this article, the secretary may issue a Certificate of Underground Carbon Dioxide Storage Project Completion ("completion certificate").
(b) The completion certificate may only be issued after public notice and hearing. The secretary shall establish notice requirements for this hearing by legislative rule.
(c) The completion certificate may not be issued until at least 10 years after carbon dioxide injections end.
(d) The completion certificate may only be issued if the storage operator:
(1) Is in full compliance with all laws and other requirements governing the storage facility, including, without limitation, the terms of any underground injection control permit associated with the facility and other applicable requirements;
(2) Demonstrates that it has addressed all pending claims regarding the storage facilitys operation; and
(3) Demonstrates that the storage reservoir is reasonably expected to retain the carbon dioxide stored in it.
(e) As of the effective date of a completion certificate:
(1) Ownership of the stored carbon dioxide transfers, without payment of any compensation, to the owners of the pore space as established in 22-11B-18 of this code;
(2) Ownership acquired by the pore space owners under subdivision (e)(1) of this section includes all rights and interests in the stored carbon dioxide and any associated leasing rights;
Provided
, That all liability and regulatory requirements associated with the stored carbon dioxide shall become the responsibility of the state and the state shall defend, indemnify, and hold harmless the pore space and surface owners against all claims using only funds from the Carbon Dioxide Storage Facility Trust Fund;
(3) The storage operator and all persons who transported and/or generated any stored carbon dioxide are released from all liability and regulatory requirements associated with the storage facility;
(4) Any bonds posted by the storage operator shall be released; and
(5) Notwithstanding ownership of the stored carbon dioxide in the pore space owners as provided herein, monitoring, and managing the storage facility shall become the states responsibility to be overseen by the secretary utilizing only money from the Carbon Dioxide Storage Facility Trust Fund until such time as the federal government assumes responsibility for the long-term monitoring and management of storage facilities.
(f) The secretary shall require that a copy of the completion certificate and a survey of the storage field be filed with the county recorder in the county or counties where the carbon dioxide storage facility is located.
2023 West Virginia Code › Chapter 22. Environmental Resources › Article 11B. Underground Carbon Dioxide Sequestration and Storage › §22-11B-13. Carbon Dioxide Storage Facility Administrative Fund

(a) There is hereby created in the State Treasury a special revenue fund to be known as the Carbon Dioxide Storage Facility Administration Fund. Expenditures from the fund shall be made by the secretary for the purposes set forth in this article, and are not authorized from collections, but are to be made only in accordance with appropriation from the Legislature and 12-3-1
et seq
. of this code. The fund may only be used for the purpose of payment of all expenses of the department in processing permit and certificate applications; regulating storage facilities during their construction, operation, and pre-closure phases; and making storage amount determinations under 22-11B-17 of this code. Any balance remaining in the fund at the end of any fiscal year shall not revert to the General Revenue Fund but shall remain in the special revenue fund. The moneys accrued in the fund, any interest earned thereon, and yield from investments by the State Treasurer or West Virginia Investment Management Board are reserved solely and exclusively for the purposes set forth in this section.
(b) The secretary may, through a cooperative agreement with another agency, use money from the fund to compensate the cooperating agency for expenses that cooperating agency incurs in carrying out regulatory responsibilities that agency may have over a storage facility.
2023 West Virginia Code › Chapter 22. Environmental Resources › Article 11B. Underground Carbon Dioxide Sequestration and Storage › §22-11B-14. Application Fee, Deposit, Use in Cooperative Regulatory Functions

Permit applicants and operators seeking completion certificates shall pay the secretary an application fee, established by legislative rule, based upon each ton of carbon dioxide stored or to be stored at the facility. This fee shall be deposited in the Carbon Dioxide Storage Facility Administrative Fund.
2023 West Virginia Code › Chapter 22. Environmental Resources › Article 11B. Underground Carbon Dioxide Sequestration and Storage › §22-11B-15. Carbon Dioxide Storage Facility Trust Fund

(a) There is hereby created in the State Treasury a special revenue fund to be known as the Carbon Dioxide Storage Facility Trust Fund. Expenditures from the fund shall be made by the secretary for the anticipated expenses associated with the long-term monitoring and management of closed storage facilities, and are not authorized from collections, but are to be made only in accordance with appropriation from the Legislature and 12-3-1
et seq
. of this code. Any balance remaining in the fund at the end of any fiscal year does not revert to the General Revenue Fund, but remains in the special revenue fund. The moneys accrued in the fund, any interest earned thereon, and yield from investments by the State Treasurer or West Virginia Investment Management Board are reserved solely and exclusively for the purposes set forth in this section.
(b) The secretary may, through a cooperative agreement with another agency, use money from the fund to compensate the cooperating agency for expenses that cooperating agency incurs in carrying out regulatory responsibilities that agency may have over a storage facility.
2023 West Virginia Code › Chapter 22. Environmental Resources › Article 11B. Underground Carbon Dioxide Sequestration and Storage › §22-11B-16. Operation Fee, Use, Report to Legislature

(a) Storage operators shall pay the secretary a fee on each ton of carbon dioxide injected for storage. The fee shall be in the amount set by legislative rule. The amount shall be based on the contribution of the storage facility and the source of the carbon dioxide to the energy and agriculture production economy of West Virginia and the secretarys anticipated expenses associated with the long-term monitoring and management of closed storage facilities. This fee shall be deposited in the Carbon Dioxide Storage Facility Trust Fund.
(b) The secretary shall file with the Legislatures Joint Committee on Government and Finance a report discussing whether the amount in the Carbon Dioxide Storage Facility Trust Fund and fees being paid into it are sufficient to satisfy the funds objectives. The first report is due December 31, 2025, and subsequent reports are due every four years thereafter.
2023 West Virginia Code › Chapter 22. Environmental Resources › Article 11B. Underground Carbon Dioxide Sequestration and Storage › §22-11B-17. Determining Storage Amounts, Carbon Credits, Fee

(a) The secretary, under procedures and criteria developed by legislative rule, shall determine the amount of injected carbon dioxide stored in a reservoir that has been or is being used for an enhanced oil or gas recovery project. The secretary may also make such a determination for carbon dioxide stored under this article.
(b) The storage amounts determined by the secretary under subsection (a) of this section may be used for such matters as establishing the amounts of carbon credits, allowances, trading, emissions allocations, and offsets, and for other similar purposes.
(c) The secretary may charge a reasonable fee to the person requesting a storage determination. The fee shall be set by legislative rule.
(d) Fees the secretary receives for storage determinations shall be deposited into the Carbon Dioxide Storage Facility Administrative Fund.
2023 West Virginia Code › Chapter 22. Environmental Resources › Article 11B. Underground Carbon Dioxide Sequestration and Storage › §22-11B-18. Subsurface Pore Space or Container Space

(a) Title to pore space in all strata underlying the surface of lands and waters is vested in the owner of the overlying surface estate.
(b) A conveyance of title to the surface of real property conveys the pore space in all strata underlying the surface of the real property.
(c) Title to pore space may not be severed from title to the surface of the real property overlying the pore space. An instrument or arrangement that seeks to sever title to pore space from title to the surface is void and unenforceable as to the severance of the pore space from the surface interest.
(d) This article does not affect transactions before the effective date of this article, where the terms are clear and unambiguous upon the face of the instruments which severed pore space from title to the surface estate. However, there shall be a rebuttable presumption that for all transactions prior to the effective date of this article, that the pore space remains vested with the surface owner unless there was a clear and unambiguous reservation, conveyance, and/or severance of the pore space from the surface upon the face of the instruments.
(e) In the relationship between a severed mineral owner and a pore space estate, this article does not change or alter the common law, as it relates to the rights belonging to, or the dominance of, the mineral estate.
2023 West Virginia Code › Chapter 22. Environmental Resources › Article 11B. Underground Carbon Dioxide Sequestration and Storage › §22-11B-20. Funds to Be Held in Trust for Unknown or Unlocatable Owners

The storage operator shall hold all funds of unknown or unlocatable owners in trust in an interest bearing account and shall transfer said funds as unclaimed property to the State Treasurer pursuant to 36-8-1
et seq
., the Uniform Unclaimed Property Act.
2023 West Virginia Code › Chapter 22. Environmental Resources › Article 11B. Underground Carbon Dioxide Sequestration and Storage › §22-11B-21. Judicial Review

Any person aggrieved by a final decision of the department or the commission under this article is entitled to review of such final decision in accordance with the applicable provisions of 29A-1-1 of this code, State Administrative Procedures Act, 22-9-1
et seq
. of this code, and in the Circuit Court of Kanawha County or any other county where the property is located.
2023 West Virginia Code › Chapter 22. Environmental Resources › Article 11C. Pfas Protection Act › §22-11C-2. Definitions

Unless the context in which used clearly requires a different meaning, as used in this article:
(1) "Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS" means non-polymeric perfluoroalkyl and polyfluoroalkyl substances that contain at least two fully fluorinated carbon atoms, excluding gases and volatile liquids. PFAS includes, among other substances, PFOA and PFOS.
(2) "Secretary" means the Secretary of the Department of Environmental Protection.
(3) "USGS study" means United States Geological Survey Scientific Investigations Report 2022-5067, entitled "Occurrence of Per- and Polyfluoroalkyl Substances and Inorganic Analytes in Groundwater and Surface Water Used as Sources for Public Water Supplies in West Virginia," published in 2022.
(4) "Publicly Owned Treatment Works" means any treatment works owned by the state or any political subdivision thereof, any municipality or any other public entity, for the treatment of pollutants as well as any such treatment works that were subsequently conveyed to a private entity which delivers wastewater treatment services under the regulation of the Public Service Commission of West Virginia.
2023 West Virginia Code › Chapter 22. Environmental Resources › Article 12. Groundwater Protection Act › §22-12-4. Authority of Secretary to Promulgate Standards of Purity and Quality

(a) The secretary has the sole and exclusive authority to promulgate standards of purity and quality for groundwater of the state.
(b) These standards shall establish the maximum contaminant levels permitted for groundwater, but in no event shall the standards allow contaminant levels in groundwater to exceed the maximum contaminant levels adopted by the United States Environmental Protection Agency pursuant to the federal Safe Drinking Water Act. The secretary may set standards more restrictive than the maximum contaminant levels where it finds that such standards are necessary to protect drinking water use where scientifically supportable evidence reflects factors unique to West Virginia or some area thereof, or to protect other beneficial uses of the groundwater. For contaminants not regulated by the federal Safe Drinking Water Act, standards for such contaminants shall be established by the secretary to be no less stringent than may be reasonable and prudent to protect drinking water or any other beneficial use. Where the concentration of a certain constituent exceeds such standards due to natural conditions, the natural concentration is the standard for that constituent. Where the concentration of a certain constituent exceeds such standard due to human-induced contamination, no further contamination by that constituent is allowed and every reasonable effort shall be made to identify, remove or mitigate the source of such contamination and to strive where practical to reduce the level of contamination over time to support drinking water use.
(c) The standards of purity and quality for groundwater promulgated by the secretary shall recognize the degree to which groundwater is hydrologically connected with surface water and other groundwater and such standards shall provide protection for such surface water and other groundwater.
(d) In the promulgation of such standards the secretary shall consult with the Department of Agriculture and the Bureau for Public Health, as appropriate.
(e) Any groundwater standard that is in effect on the effective date of this article shall remain in effect until modified by the secretary. Notwithstanding any other provisions of this code to the contrary, the authority of the secretary to adopt standards of purity and quality for groundwater granted by the provisions of this article is exclusive, and to the extent that any other provisions of this code grant such authority to any person, body, agency or entity other than the secretary, those other provisions are void.
2023 West Virginia Code › Chapter 22. Environmental Resources › Article 12. Groundwater Protection Act › §22-12-7. Groundwater Coordinating Committee; Creation

(a) The state groundwater coordinating committee is continued. It consists of the commissioner of the bureau of public health, the commissioner of agriculture, the chair of the environmental quality board, the chief of the office of water resources of the Division of Environmental Protection and the director of the Division of Environmental Protection who shall serve as its chair.
(b) The groundwater coordinating committee shall consult, review and make recommendations on the implementation of this article by each of the groundwater regulatory agencies. Such committee shall require the periodic submittal to it of the groundwater protection programs of each groundwater regulatory agency including all rules, permits, policies, directives and any other regulatory devices employed to implement this article.
(c) Upon a review of such programs, the groundwater coordinating committee shall recommend to the director approval of such programs, in whole or in part, and identify in writing any aspect of such programs that are not sufficient to satisfy the requirements of this article and specify a reasonable time period for correcting those portions of the program that are found not to be sufficient.
(d) The director may accept the recommendation of the committee, in whole or in part, and identify in writing any additional aspects of such programs that are not sufficient to satisfy the requirements of this article and specify a time period for correcting those portions of the program that are found not to be sufficient.
(e) In the biennial report to the Legislature required by this article, the director shall identify all portions of groundwater protection programs which have been determined not to be sufficient to satisfy the requirements of this article and which have not been adequately addressed within the time period specified by the director.
(f) No agency shall modify any aspect of its groundwater protection program as approved by the director without the prior written approval of the director of such modification. This requirement does not relieve such agency of any other requirements of law that may be applicable to such a modification.
(g) The groundwater coordinating committee is authorized and empowered to promulgate such legislative rules as may be necessary to implement this section in accordance with the provisions of chapter twenty-nine-a of this code.
2023 West Virginia Code › Chapter 22. Environmental Resources › Article 12. Groundwater Protection Act › §22-12-8. Groundwater Certification

(a) To ensure a comprehensive, consistent and unfragmented approach to the management and protection of groundwater, including evaluation of the cumulative effects of all activities that have the potential to impact on groundwater, the director shall oversee and coordinate the implementation of this article by each of the groundwater regulatory agencies through a groundwater certification program as hereby established.
(b) Every state, county or local government body which reviews or issues permits, licenses, registrations, certificates of other forms of approval, or renewal thereof, for activities or practices which may affect groundwater quality shall first submit to the director for review and approval an application for certification. Such application shall include a copy of the approval proposed by such body, including any terms and conditions which have been imposed by it. Upon receipt of this application, the director shall act within thirty days to determine whether to waive or exercise his or her certification powers. If no decision is made or communicated by the director within said thirty day period, groundwater certification is approved. If the director decides to exercise his or her certification powers, he or she may utilize additional time, not to exceed an additional sixty days, to further review the materials submitted or to conduct such investigations as he or she deems necessary.
(c) The director may waive, grant, grant with conditions, or deny groundwater certification. Groundwater certification, and all conditions required under such certification, shall become a condition on any permit, approval or renewal thereof, issued by any state, county or local government body. Where appropriate, the director may provide general groundwater certification for or may waive certification for classes or categories of activities or approvals.
2023 West Virginia Code › Chapter 22. Environmental Resources › Article 12. Groundwater Protection Act › §22-12-11. Appeal Procedures

Any person having an interest which is or may be adversely affected, or who is aggrieved by an order of the director or any public official authorized to take or implement an agency action, or by the issuance or denial of a permit issued to implement this article or by such permit's term or conditions, or by the failure or refusal to act within a reasonable time, may appeal to the environmental quality board as provided in article one, chapter twenty-two-b of this code.
2023 West Virginia Code › Chapter 22. Environmental Resources › Article 12. Groundwater Protection Act › §22-12-12. Rule-Making Petition

Any person may petition the appropriate rule-making agency for rule making on an issue arising under this article. The appropriate rule-making agency, if it believes such issue to merit rule making, may initiate rulemaking in accordance with the provisions of chapter twenty-nine-a of this code. A decision by the appropriate rule-making agency not to pursue rule making must set forth in writing reasons for refusing to do so. Any person may petition an agency to issue a declaratory ruling pursuant to section one, article four, chapter twenty-nine-a of this code with respect to the applicability to any person, property or state of facts of any rules promulgated by that agency pursuant to this article.
2023 West Virginia Code › Chapter 22. Environmental Resources › Article 12. Groundwater Protection Act › §22-12-13. Existing Rights and Remedies Preserved; Effect of Compliance

(a) It is the purpose of this article to provide additional and cumulative remedies to address the quality of the groundwater of the state. This article does not alter the authority of any agency with respect to water other than groundwater. Except as expressly stated in this article, it is not the intention of the Legislature in enacting this article to repeal any other provision of this code.
(b) Nothing contained in this article abridges or alters rights of action or remedies now or hereafter existing, nor do any provisions in this article, or any act done by virtue of this article, estop the state, municipalities, public health officers or persons as riparian owners or otherwise, in the exercise of their rights to suppress nuisances or to abate any pollution now or hereafter existing, or to recover damages.
(c) Where a person is operating a source or conducting an activity in compliance with the terms and conditions of a permit, rule, order, directive or other authorization issued by a groundwater regulatory agency pursuant to this article, such person is not subject to criminal prosecution for pollution recognized and authorized by such permit, rule, order, directive or other authorization.
2023 West Virginia Code › Chapter 22. Environmental Resources › Article 12. Groundwater Protection Act › §22-12-14. Effective Dates of Provisions Subject to Federal Approval

To the extent that this article modifies any powers, duties, functions and responsibilities of any state agency that may require approval of one or more federal agencies or officials in order to avoid disruption of the federal-state relationship involved in the implementation of federal regulatory programs by the state, any such modifications become effective upon a proclamation by the Governor stating either that final approval of such modifications has been given by the appropriate federal agency or official or that final approval of such modification is not necessary to avoid disruption of the federal-state relationship under which such regulatory programs are implemented.
2023 West Virginia Code › Chapter 22. Environmental Resources › Article 13. Natural Streams Preservation Act › §22-13-2. Declaration of Public Policy

In order to assure that an increasing population, accompanied by expanding settlement and growing mechanization, does not impound, flood or divert all streams within the State of West Virginia, leaving no streams designated for preservation and protection in their natural condition, it is hereby declared to be the public policy of this state to secure for the citizens of West Virginia of present and future generations the benefits of an enduring resource of free-flowing streams possessing outstanding scenic, recreational, geological, fish and wildlife, botanical, historical, archeological or other scientific or cultural values.
2023 West Virginia Code › Chapter 22. Environmental Resources › Article 13. Natural Streams Preservation Act › §22-13-3. Definitions

Unless the context, in which used, clearly requires a different meaning, as used in this article:
(1) "Board" means the environmental quality board;
(2) "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;
(3) "Free-flowing" means existing or flowing in natural condition without impoundment, by diversion, or flooding of the waterway;
(4) "Modification" means the impounding, diverting or flooding of a stream within the natural stream preservation system;
(5) "Modify" means to impound, divert or flood a stream within the natural stream preservation system;
(6) "Permit" means a permit required by section seven of this article;
(7) "Person," "persons" or "applicants" means any public or private corporation, institution, association, firm or company organized or existing under the laws of this or any other state or country; state of West Virginia; governmental agencies; political subdivision; county commission; municipal corporations; industries; sanitary district; public service district; drainage district; soil conservation district; watershed improvement district; partnership; trust; estate; person or individual; group of persons or individuals acting individually or as a group; or any other legal entity whatever;
(8) "Protected stream" means any stream designated as such in section five of this article, but does not include tributaries or branches unless specifically designated or described in section five of this article;
(9) "Stream" means a flowing body of water or a section or portion thereof, including rivers, streams, creeks, branches or small lakes.
2023 West Virginia Code › Chapter 22. Environmental Resources › Article 13. Natural Streams Preservation Act › §22-13-4. Establishment of Natural Stream Preservation System

For the purpose of implementing the public policy declared in section two of this article, there is hereby established a natural stream preservation system to be composed of streams designated by the Legislature as "protected streams," and these shall be administered for the use and enjoyment of the citizens of West Virginia in such manner as will leave them unimpaired for future use and enjoyment as free-flowing streams, and so as to provide for the protection and the preservation of these streams in their natural character.
2023 West Virginia Code › Chapter 22. Environmental Resources › Article 13. Natural Streams Preservation Act › §22-13-5. Designation of Protected Streams

The following streams are hereby designated as protected streams within the natural streams preservation system, namely:
(a) Greenbrier River from its confluence with Knapps Creek to its confluence with the New River.
(b) Anthony Creek from its headwaters to its confluence with the Greenbrier River.
(c) Cranberry River from its headwaters to its confluence with the Gauley River.
(d) Birch River from the Cora Brown bridge in Nicholas county to the confluence of the river with the Elk River.
(e) New River from its confluence with the Gauley River to its confluence with the Greenbrier River.
2023 West Virginia Code › Chapter 22. Environmental Resources › Article 13. Natural Streams Preservation Act › §22-13-6. General Powers and Duties of Director With Respect to Protected Streams

(a) In addition to all other powers and duties of the director, as prescribed in this article or elsewhere by law, the director shall exercise supervision over the administration and enforcement of the provisions of this article, and all orders and permits issued pursuant to the provisions of this article.
(b) In addition to all other powers and duties of the director, as prescribed in this article or elsewhere by law, the director has authority to promulgate rules, in accordance with the provisions of chapter twenty-nine-a of this code, to implement and make effective the powers, duties and responsibilities vested in the director by the provisions of this article and otherwise by law: Provided, That all such rules shall be consistent with the declaration of public policy set forth in section two of this article.
(c) The director and duly authorized representatives, have the power and authority to make investigations, inspections and inquiries concerning compliance with the provisions of this article, any order made and entered in accordance with the provisions of this article, any rules promulgated by the director, and with the terms and conditions of any permit issued in accordance with the provisions of section nine of this article. In order to make such investigations, inspections and inquiries, the director and duly authorized representatives, have the power and authority to enter at all reasonable times upon any private or public property, subject to responsibility for any damage to the property entered. Upon entering, and before making any investigation, inspection and inquiry, such person shall immediately present himself or herself to the occupant of the property. Upon entering property used in any manufacturing, mining or other commercial enterprise, or by any municipality or governmental agency or a subdivision, and before making any investigation, inspection and inquiry, such person shall immediately present himself or herself to the person in charge of the operation, and if he or she is not available, to a managerial employee. All persons shall cooperate fully with the person entering such property for such purposes. Upon a refusal of the person owning or controlling such property to permit such entrance or the making of such inspections, investigations and inquiries, the director may apply to the circuit court of the county in which such property is located, or to the judge thereof in vacation, for an order permitting such entrance and the making of such inspections, investigations, and inquiries; and jurisdiction is hereby conferred upon such court to enter such order upon a showing that the relief asked is necessary for the proper enforcement of this article. Nothing contained in this section eliminates any obligation to follow any process that may be required by law.
2023 West Virginia Code › Chapter 22. Environmental Resources › Article 13. Natural Streams Preservation Act › §22-13-7. When Permits Required; When Permits Not to Be Issued

(a) It is unlawful for any person, until the department's permit has been granted, to modify any protected stream or any part of the stream. A permit may not be issued unless the work proposed to be done under the permit:
(1) Will not materially alter or affect the free-flowing characteristics of a substantial part of a protected stream or streams;
(2) Is necessary to prevent an undue hardship; and
(3) Meets with the approval of the secretary.
(b) The Department of Transportation's Division of Highways is not required to obtain a permit under this section when it is repairing or replacing damaged bridges and that repair or replacement requires the construction of temporary flow diversions in the stream that will not permanently materially alter or affect the free-flowing characteristics of a substantial part of the steam, so long as boat passage remains available during the entire period of bridge repair or replacement.
2023 West Virginia Code › Chapter 22. Environmental Resources › Article 13. Natural Streams Preservation Act › §22-13-8. Application for Permit; Form of Application; Information Required; Fees

The director shall prescribe a form of application for all permits. All applications for permits shall be submitted to the division and shall be on the prescribed form.
A permit fee of $10 shall accompany the application when filed with the division. The permit fee shall be deposited in the state Treasury to the credit of the state general fund.
2023 West Virginia Code › Chapter 22. Environmental Resources › Article 13. Natural Streams Preservation Act › §22-13-10. Inspections; Orders to Compel Compliance With Permits; Service of Order

After issuance of the division's permit for any such modification, the director and duly authorized representatives may make field inspections of the work on the modification, and, after completion thereof, may inspect the completed modification, and, from time to time, may inspect the maintenance and operation of such modification.
To compel compliance with the terms and conditions of the division's permit for any such modification and with the plans and specifications therefor and the plan of maintenance and method of operation thereof, the director is hereby authorized after reasonable notice to make and enter an order revoking or suspending such permit and directing the person to whom such permit was issued to stop or suspend any and all work on such activity or, to take affirmative action to correct the deficiencies specified in such order so there will be full compliance with the terms and conditions of such permit and with the plans and specifications therefor, and the plan of maintenance and method of operation thereof.
The director shall cause a copy of any such order to be served by registered or certified mail or by a law-enforcement officer upon the person to whom any such permit was issued. The director shall also cause a notice to be served with the copy of such order, which notice shall advise such person of his or her right to appeal to the board by filing a notice of appeal on the form prescribed by the board for such purpose, with the board, within the time specified in and in accordance with the provisions of section seven, article one, chapter twenty-two-b of this code.
2023 West Virginia Code › Chapter 22. Environmental Resources › Article 13. Natural Streams Preservation Act › §22-13-11. Appeal to Environmental Quality Board

(a) Any person adversely affected by an order made and entered by the director in accordance with the provisions of this article, or aggrieved by failure or refusal of the director to act within the time required by section nine of this article on an application for a permit or aggrieved by the terms and conditions of a permit granted under the provisions of this article, may appeal to the environmental quality board for an order vacating or modifying such order, or for such order, action or terms and conditions as the director should have entered, taken or imposed.
(b) Notwithstanding the provisions of section nine, article one, chapter twenty-two-b of this code:
(1) Appeals from orders of the board in cases involving an order denying an application for a permit, or approving or modifying the terms and conditions of a permit, shall be filed, within the time specified in said section, in the circuit court of any county in which such modification is proposed to be made.
(2) Appeals from orders of the board in cases involving an order revoking or suspending a permit and directing any and all work on such modification to stop, or directing that affirmative action be taken to correct alleged and specified deficiencies concerning any such modification, shall be filed, within the time specified in said section, in the circuit court of any county in which any part of such modification is proposed to be made.
2023 West Virginia Code › Chapter 22. Environmental Resources › Article 13. Natural Streams Preservation Act › §22-13-12. Actions to Abate Nuisances; Injunctive Relief

Whether any violation of the provisions of this article or any final order of the director or the board results in prosecution or conviction or not, any such violation is a nuisance which may be abated upon application by the chief to the circuit court of the county in which such nuisance or any part thereof exists, or to the judge thereof in vacation. Upon application by the director, the circuit courts of this state may by mandatory or prohibitive injunction compel compliance with all final orders of the director or board. Any application for an injunction to compel compliance with any final order of the director or board shall be made to the circuit court of any county in which the modification to which the order relates is proposed to be made, or in which the modification to which the order relates is situate or would be situate upon completion thereof. Upon application by the director to the circuit court of the county in which a municipal corporation is located, or in which any person resides or does business, or to the judge thereof in vacation, such court may by injunction require the performance of any duty imposed upon such municipal corporation or person by the provisions of this article. The court may issue a temporary injunction in any case pending a decision on the merits of any application filed. In cases of modifications where irreparable damage will result from any delay incident to the administrative procedures set forth in this article, the director may forthwith apply to the circuit court of any county in which the modification is taking place for a temporary injunction. Such court may issue a temporary injunction pending final disposition of the case by the director or the board, in the event an appeal is taken to the board.
The judgment of the circuit court upon any application permitted by the provisions of this section is final unless reversed, vacated or modified on appeal to the Supreme Court of Appeals. Any such appeal shall be sought in a manner provided by law for appeals for circuit courts in other civil cases, except that the petition seeking such review must be filed with said Supreme Court of Appeals within ninety days from the date of entry of the judgment of the circuit court.
The director shall be represented in all such proceedings by the Attorney General or his or her assistant and in such proceedings in the circuit court by the prosecuting attorneys of the several counties as well, all without additional compensation.
2023 West Virginia Code › Chapter 22. Environmental Resources › Article 13. Natural Streams Preservation Act › §22-13-13. Priority of Actions

All applications under section twelve of this article and all proceedings for judicial review under article one, chapter twenty-two-b of this code shall take priority on the docket of the circuit court in which pending, and shall take precedence over all other civil cases. Where such applications and proceedings for judicial review are pending at the same time, such applications shall take priority on the docket and shall take precedence over proceedings for judicial review.
2023 West Virginia Code › Chapter 22. Environmental Resources › Article 13. Natural Streams Preservation Act › §22-13-14. Violations; Criminal Penalties

Any person who fails or refuses to discharge any duty imposed upon him or her by this article or by any final order of the director or board, or who fails or refuses to apply for and obtain a permit as required by the provisions of this article, is guilty of a misdemeanor, and, upon conviction thereof, shall be punished for a first offense by a fine of not less than $25 nor more than $100, and for a second offense by a fine of not less than $200 nor more than $500, and for a third offense and each subsequent offense by a fine of not less than $500 nor more than $1,000 or by imprisonment for a period not to exceed six months, or in the discretion of the court by both such fine and imprisonment.
2023 West Virginia Code › Chapter 22. Environmental Resources › Article 13. Natural Streams Preservation Act › §22-13-15. Exceptions as to Criminal Liabilities

The criminal liabilities provided for in section fourteen of this article may not be imposed for any violation resulting from accident or caused by an act of God, war, strike, riot or other catastrophe as to which negligence or willful conduct on the part of such person was not the proximate cause.
2023 West Virginia Code › Chapter 22. Environmental Resources › Article 14. Dam Control Act › §22-14-2. Legislative Findings; Intent and Purpose of Article

The Legislature finds that dams may constitute a potential hazard to people and property; therefore, dams in this state must be properly regulated and controlled to protect the health, safety and welfare of people and property in this state. It is the intent of the Legislature by this article to provide for the regulation and supervision of dams in this state to the extent necessary to protect the public health, safety and welfare. The Legislature has ordained this article to fulfill its responsibilities to the people of this state and to protect their lives and private and public property from the danger of a potential or actual dam failure. The Legislature finds and declares that in light of the limited state resources available for the purposes of this article, and in view of the high standards to which the United States natural resources conservation service designs dams, independent state review of the plans and specifications for dams designed by the natural resources conservation service and construction oversight should not be required. The Legislature further finds and declares that dams designed and constructed by the natural resources conservation service but not owned or operated by it should be subject to the same provisions of inspection, after construction and certification by the natural resources conservation service, as other dams covered by this article, so long as any dam under the natural resources conservation service program is designed with standards equal to or exceeding state requirements under this article.
2023 West Virginia Code › Chapter 22. Environmental Resources › Article 14. Dam Control Act › §22-14-4. General Powers and Duties of Director; Maximum Fee Established for Certificates of Approval and Annual Registration

The secretary has the following powers and duties:
(a) To control and exercise regulatory jurisdiction over dams as provided for in this article;
(b) To review all applications for a certificate of approval for the placement, construction, enlargement, alteration, repair or removal of any dam;
(c) To grant, modify, amend, revoke, restrict or refuse to grant any certificate of approval if proper or necessary to protect life and property as provided in this article;
(d) To propose, modify, repeal and enforce rules and issue orders, to implement and make effective the powers and duties vested in the secretary by the provisions of this article;
(e) To take any lawful action considered necessary for the effective enforcement of the provisions of this article;
(f) To establish and charge reasonable fees not to exceed $300 for the review of applications for certificates of approval and the issuance thereof and for assessment of an annual registration fee not to exceed $100 for persons holding a certificate of approval for existing dams. The secretary shall promulgate rules to establish a schedule of application fees and to establish annual registration fees: Provided, That no fee shall be assessed for dams designed and constructed by the natural resources conservation service for natural resources conservation districts;
(g) To employ qualified consultants or additional persons as necessary to review applications for certificates of approval and to recommend whether they should be approved, to inspect dams and to enforce the provisions of this article;
(h) To cooperate and coordinate with agencies of the federal government, this state and counties and municipalities of this state to improve, secure, study and enforce dam safety and dam technology within this state;
(i) To investigate and inspect dams as is necessary to implement or enforce the provisions of this article and when necessary to enter the public or private property of any dam owner. The secretary may investigate, inspect or enter private or public property after notifying the dam owner or other person in charge of the dam of an intent to investigate, inspect or enter: Provided, That where the owner or person in charge of the dam is not available, the secretary may investigate, inspect and enter without notice; and
(j) To prepare and publish within a reasonable time, criteria to govern the design, construction, repair, inspection and maintenance of proposed dams herein defined, and to review these criteria annually in order to consider improved technology for inclusion in such criteria.
2023 West Virginia Code › Chapter 22. Environmental Resources › Article 14. Dam Control Act › §22-14-5. Unlawful to Place, Construct, Enlarge, Alter, Repair, Remove or Abandon Dam Without Certificate of Approval; Application Required to Obtain Certificate

It is unlawful for any person to place, construct, enlarge, alter, repair, remove or abandon any dam under the jurisdiction of the secretary until he or she has first: (a) Filed an application for a certificate of approval with the department; and (b) obtained from the department a certificate of approval: Provided, That routine repairs which do not affect the safety of a dam are not subject to the application and approval requirements. A separate application for a certificate of approval must be submitted by a person for each dam he or she desires to place, construct, enlarge, alter, repair, remove or abandon. One application may be valid for more than one dam involved in a single project or in the formation of a reservoir.
Each application for a certificate of approval shall be made in writing on a form prescribed by the secretary and shall be signed and verified by the applicant. The application shall contain and provide information which may be reasonably required by the secretary to administer the provisions of this article.
In the case of dams designed by the natural resources conservation service for transfer to any political subdivision, the director shall, within sixty days after receipt of a completed application therefor, issue a certificate of approval without review of the plans and specifications: Provided, That the state, its employees and agents are not responsible or liable for errors, omissions or flaws in the design, construction or modification of such dams.
2023 West Virginia Code › Chapter 22. Environmental Resources › Article 14. Dam Control Act › §22-14-6. Plans and Specifications for Dams to Be in Charge of Registered Professional Engineer

Plans and specifications for the placement, construction, enlargement, alteration, repair or removal of dams shall be in the charge of a registered professional engineer licensed to practice in West Virginia. Any plans or specifications submitted to the department shall bear the seal of a registered professional engineer.