reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 60 - Environmental Protection - Secretary's Office › Title 60 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER AND WASTE MANAGEMENT › Series 60-11 - Rules for Reclamation of Solar and Wind Electricity Generating Facilities › Section 60-11-12 - Surety Bonds

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. An owner
				may satisfy the bonding requirements of these rules by submitting a surety bond
				that:
12.1.a. Is in an amount that does not
				exceed 10 percent of the surety's capital surplus account as shown on a balance
				sheet certified by a certified public accountant and submitted to the
				department;
12.1.b. Is in an amount
				that does not exceed three times the surety's maximum single
				obligation;
12.1.c. Is issued by a
				surety authorized by the Insurance Commissioner of the State of West Virginia
				and which is listed in the United States Department of the Treasury Circular
				570;
12.1.d. Has a power of
				attorney attached that states that the surety has authorized the person issuing
				the bond to bind it to the bond's terms; and
12.1.e. Provides a requirement and a
				mechanism for the surety to give prompt notice to the department and the owner
				of:
12.1.e.i. Any action alleging bankruptcy
				or insolvency of the surety or a violation that would result in suspension or
				revocation of the surety's authorization;
12.1.e.ii. Cancellation by the owner;
				and
12.1.e.iii. Cancellation or
				pending cancellation by the surety.
West Virginia Code of State Rules › Agency 60 - Environmental Protection - Secretary's Office › Title 60 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER AND WASTE MANAGEMENT › Series 60-11 - Rules for Reclamation of Solar and Wind Electricity Generating Facilities › Section 60-11-13 - Letters of Credit

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. An owner
				may satisfy the bonding requirements of these rules by submitting a letter of
				credit that:
13.1.a. Is issued by a bank
				organized and authorized to do business in the United States;
13.1.b. Is irrevocable prior to being
				released by the department;
13.1.c.
				Is payable to the department in part or in full upon demand and receipt from
				the department of a notice of forfeiture issued in accordance with these
				rules;
13.1.d. Provides, upon
				expiration, if the department has not notified the bank in writing that a
				substitute bond has been provided or is not required, the bank shall
				immediately pay the department the full amount of the letter of credit less any
				previous drafts;
13.1.e. Is not for
				an amount in excess of 10 percent of the bank's capital surplus account as
				shown on a balance sheet certified by a certified public accountant and
				submitted to the department with the letter of credit;
13.1.f. Is for an amount that does not exceed
				three times the bank's maximum single obligation; and
13.1.g. Is automatically renewable annually
				on the letter of credit anniversary date.
West Virginia Code of State Rules › Agency 60 - Environmental Protection - Secretary's Office › Title 60 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER AND WASTE MANAGEMENT › Series 60-11 - Rules for Reclamation of Solar and Wind Electricity Generating Facilities › Section 60-11-14 - Certificates of Deposit

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. An owner
				may satisfy the bonding requirements of these rules by submitting a certificate
				of deposit that:
14.1.a. Is issued by a single
				institution in a denomination not in excess of $250,000.00, or the maximum
				insurance amount as determined by the Federal Deposit Insurance Corporation,
				whichever is less. The department may not accept a combination of certificates
				of deposit from an owner in excess of that limit from a single institution. If
				the issuing institution uses a system in which the issuing institution serves
				as custodian for the payees of multiple certificates of deposit and arranges
				for one or more additional institutions to issue certificates of deposit not in
				excess of each institution's Federal Deposit Insurance Corporation limit, and
				submits those certificates of deposit to the department with proof determined
				to be acceptable to the department that the issued certificates of deposit are
				insured by the Federal Deposit Insurance Corporation, the, the department may
				accept those certificates of deposit;
14.1.b. Is automatically renewable annually
				on the certificate of deposit's anniversary date;
14.1.c. In combination with all certificates
				of deposit, is in an amount sufficient to ensure that funds in the amount of
				the bond required by these rules will be paid to the department by the issuing
				bank if the department forfeits the bond and liquidates the certificates of
				deposit before maturity;
14.1.d. Is
				payable to the owner and the department, and the owner has assigned its
				interest in the certificate of deposit, both in writing and in the records of
				the bank issuing the certificate of deposit;
14.1.e. Expressly prohibits the owner from
				withdrawing funds until the department has released the certificate of deposit
				assignment; and
14.1.f. Waives all
				rights of the issuer to a setoff or lien against the certificate of
				deposit.
West Virginia Code of State Rules › Agency 60 - Environmental Protection - Secretary's Office › Title 60 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER AND WASTE MANAGEMENT › Series 60-11 - Rules for Reclamation of Solar and Wind Electricity Generating Facilities › Section 60-11-15 - Forfeiture of Bond

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1. If an
				owner fails to decommission a facility in either the manner or schedule set
				forth in the decommissioning plan under these rules and did not commence action
				to rectify deficiencies within 90 days after the department's notification was
				mailed, the department may cause the bond to be forfeited for the entire
				facility. The department shall notify the owner and the surety or bank by
				certified mail of the forfeiture.
15.2. The notification must include the
				reasons for the forfeiture, the amount to be forfeited, the time within which
				corrective action to avoid forfeiture must begin, and the right to appeal the
				decision to the Board.
West Virginia Code of State Rules › Agency 60 - Environmental Protection - Secretary's Office › Title 60 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER AND WASTE MANAGEMENT › Series 60-11 - Rules for Reclamation of Solar and Wind Electricity Generating Facilities › Section 60-11-16 - Release of Bond; Use of Bond by Department

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1. The department shall release a bond if
				the department is satisfied that an owner has completed decommissioning of a
				facility in accordance with the decommissioning plan or as otherwise agreed to
				by the department in consultation with the landowner.
16.2. At any time, an owner or any person
				authorized to act on behalf of the owner may make a written request to the
				department for release of all or a portion of a bond, and the department shall
				reply with a determination within 90 days unless the conditions do not permit
				access to the facility within the 90 days period. The owner shall allow the
				department to inspect the facility to verify the adequacy of decommissioning
				for bond release.
16.3. Upon bond
				forfeiture for an abandoned facility, the department, with staff, equipment,
				and material under its control or by contract with others, may take any
				necessary action to secure and decommission the facility.
16.4. Before decommissioning is considered
				complete, each wind generation facility owner shall record a map with the
				appropriate county clerk's office showing the location of any remaining wind
				turbine foundation and its depth. The owner shall submit a copy of the map
				showing that it was stamped by the appropriate county clerk, and associated
				documents, to the department.
West Virginia Code of State Rules › Agency 60 - Environmental Protection - Secretary's Office › Title 60 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER AND WASTE MANAGEMENT › Series 60-11 - Rules for Reclamation of Solar and Wind Electricity Generating Facilities › Appendix A

Current through Register Vol. XLI, No. 28, July 12, 2024
1. Case No. 01-1664-E-CN Mt. Storm Wind Force, LLC (See
				  Public Service Commission Order August 29, 2002); Case No. 16-1117-E-CS-PC Mt.
				  Storm Wind Force, LLC (See Public Service Commission Order May 3, 2017); Case
				  No. 22-0079-E-CS-PC Catamount Wind LLC (See Public Service Commission Order
				  March 30, 2022) (now known as Catamount Wind LLC).
2. Case No. 02-1189-E-CN Nedpower Mount Storm LLC (See Public
				  Service Commission Orders April 2, 2003 and July 11, 2007).
3. Case No. 05-1590-E-CS Beech Ridge Energy LLC (See Public
				  Service Commission Order August 28, 2006).
4. Case No. 08-1109-E-CS AES Laurel Mountain, LLC (See Public
				  Service Commission Order November 26, 2008).
5. Case No. 08-2105-E-CS AES New Creek, LLC (See Public
				  Service Commission Order September 30, 2009).
6. Case No. 09-0360-E-CS Pinnacle Wind Force, LLC (See Public
				  Service Commission Order January 11, 2010); Case No. 19-1154-E-CS-PW Black Rock
				  Wind Force, LLC (See Public Service Commission Order February 7, 2020).
7. Case No. 12-1196-E-CS Beech Ridge Energy II LLC (See
				  Public Service Commission Order June 19, 2013).
8. Case No. 19-0483-E-CS Black Rock Wind Force, LLC (See
				  Public Service Commission Order November 19, 2019); Case No. 20-0787-E-CS-PW
				  Black Rock Wind Force, LLC (See Public Service Commission Order December 17,
				  2020).
9. Case No. 19-0890-E-CS-CN Longview Power II, LLC (See
				  Public Service Commission Order April 3, 2020).
10. Case No. 20-0845-E-SCS-PW Wild Hill Solar, LLC (See
				  Public Service Commission Order February 11, 2021).
11. Case No. 00-1209-E-CN Backbone Mountain Windpower, LLC
				  (See Public Service Commission Order December 28, 2000).
West Virginia Code of State Rules › Agency 60 - Environmental Protection - Secretary's Office › Title 60 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER AND WASTE MANAGEMENT › Series 60-11 - Rules for Reclamation of Solar and Wind Electricity Generating Facilities › Appendix B

Current through Register Vol. XLI, No. 28, July 12, 2024
Examples of Decommissioning Agreements may be obtained by
				  contacting the West Virginia Department of Environmental Protection's Division
				  of Land Restoration in Charleston, West Virginia.
West Virginia Code of State Rules › Agency 60 - Environmental Protection - Secretary's Office › Title 60 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER AND WASTE MANAGEMENT › Series 60-12 - Administration of Drinking Water Treatment Revolving Fund and Safe Drinking Water Set-Asides › Section 60-12-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- The
				1996 Safe Drinking Water Act Amendments authorized a Drinking Water Treatment
				Revolving Fund program. The federal government provided most of the initial
				funding to start the West Virginia Drinking Water Treatment Revolving Fund
				program. This program allows the State to provide financial assistance to
				public water systems to finance the cost of infrastructure improvements needed
				to comply with the requirements of the federal Safe Drinking Water Act. The
				fund has been and will continue to be administered by the Water Development
				Authority along with the West Virginia Department of Environmental Protection.
				This rule establishes State-level procedures, standards for project
				eligibility, and gives direction to the Water Development Authority. The
				Drinking Water Treatment Revolving Fund was originally created under West
				Virginia Code §
									16-13C-3, is continued under West
				Virginia Code §
									22-36-3, and all monies and assets
				of the Fund continue to be held by the Fund which is permanent and
				perpetual.
1.2. Authority. -- W.
				Va. Code §
									22-36-1
et
				seq
.
1.3. Filing Date. --
				May 21, 2024
1.4. Effective Date. -
				May 21, 2024
1.5. Sunset Provision.
				- This series is sunset-exempt.
West Virginia Code of State Rules › Agency 60 - Environmental Protection - Secretary's Office › Title 60 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER AND WASTE MANAGEMENT › Series 60-12 - Administration of Drinking Water Treatment Revolving Fund and Safe Drinking Water Set-Asides › Section 60-12-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Capacity
				Development" means the technical, managerial and financial capability of a
				public water system.
2.2.
				"Capitalization Grant" means the assistance agreement by which the United
				States Environmental Protection Agency obligates funds allotted to a State for
				purposes of capitalizing the State's revolving fund and funds for other
				purposes authorized in Section 1452 of the Safe Drinking Water Act.
2.3. "Community Water System" means a public
				water system which serves at least 15 service connections used by year-round
				residents or regularly serves at least 25 year-round residents.
2.4. "Compliance" means conformity with State
				and federal laws, rules, and regulations applicable to public water
				systems.
2.5. "Cost" means the cost
				of all labor, materials, machinery, equipment, lands, property, rights and
				easements, plans and specifications, and all other expenses necessary or
				incident to the acquisition, construction, improvement, expansion, extension,
				repair, or rehabilitation of all or part of a project, including, but not
				limited to:
2.5.1. The costs of developmental,
				planning, and feasibility studies, surveys, plans, and
				specifications;
2.5.2. The costs of
				architectural, engineering, financial, legal, or other special
				services;
2.5.3. The costs of
				acquisition of land, only if the land is necessary to locate eligible project
				components and the land is acquired from a willing seller (land which must be
				condemned is not eligible);
2.5.4.
				The costs of site preparation and development, including demolition or removal
				of existing structures, construction and reconstruction, labor, materials,
				machinery, and equipment;
2.5.5.
				The reasonable costs of financing incurred by the local entity in the course of
				the development of the project, carrying charges incurred before placing the
				project in service, interest on funds borrowed to finance the project to a date
				subsequent to the estimated date the project is to be placed in service,
				necessary expenses incurred in connection with placing the project in service,
				and the funding of accounts and reserves as required by the Authority and the
				Instrumentality; and
2.5.6. Such
				other items as are deemed reasonable and necessary by the
				Instrumentality.
West Virginia Code of State Rules › Agency 60 - Environmental Protection - Secretary's Office › Title 60 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER AND WASTE MANAGEMENT › Series 60-12 - Administration of Drinking Water Treatment Revolving Fund and Safe Drinking Water Set-Asides › Section 60-12-3 - Procedure

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The
				Instrumentality will receive capitalization grants from the USEPA for the
				purpose of capitalizing the Drinking Water Treatment Revolving Fund to provide
				financial assistance to public water systems for the cost of infrastructure
				needed to comply with the federal Safe Drinking Water Act and to fund
				non-project activities outlined in Section 4 of this rule.
3.2. The Instrumentality shall develop an
				annual Intended Use Plan for the Drinking Water Treatment Revolving Fund
				program and present the plan for review and comment by the public.
3.2.1. The Intended Use Plan shall contain
				the proposed set-aside amounts for non-project activities. The set-aside
				accounts are described in Section 4.2 of this rule.
3.2.2. The Intended Use Plan shall contain a
				priority list of eligible projects per Section 5 of this rule that the State
				may fund during the fiscal year covered. The priority ranking procedure is
				described in Section 6 of this rule. This list shall contain at a minimum, the
				public water system name and Public Water System identification number,
				population served, water supply, project description, project type, estimated
				project cost, project priority and the expected financial terms. The financial
				administration is described in Section 7 of this rule.
3.2.3. The Instrumentality shall also
				maintain a comprehensive priority list of anticipated future projects as
				described in Section 6 of this rule. This list shall contain the projects, the
				estimated priority and the expected funding schedule for each.
3.2.4. The Intended Use Plan shall include a
				discussion of the financial status of the Drinking Water Treatment Revolving
				Fund. This discussion shall include the total amount of moneys in the fund from
				all sources, the types of projects to be funded, the general types and terms of
				financial assistance to be provided, the amounts for non-project activities and
				the amounts used for disadvantaged communities. The procedure for disadvantaged
				communities is described in Section 8 of this rule and shall be included in the
				annual Intended Use Plan.
West Virginia Code of State Rules › Agency 60 - Environmental Protection - Secretary's Office › Title 60 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER AND WASTE MANAGEMENT › Series 60-12 - Administration of Drinking Water Treatment Revolving Fund and Safe Drinking Water Set-Asides › Section 60-12-4 - Fund Establishment

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
				Establishment of the Fund. The Water Development Authority shall continue to
				administer and manage, under the direction of the Instrumentality, a permanent
				and perpetual fund known as the West Virginia Drinking Water Treatment
				Revolving Fund. The fund shall be kept separate and apart from all other funds
				or programs of the Water Development Authority and the
				Instrumentality.
4.2. Establishment
				of Set Aside Accounts. There are four allowable set-asides from the
				capitalization grant, each to be administered by the Instrumentality:
4.2.1. Program Oversight (Administration of
				the Fund). An amount up to the percentage allowable by law of the
				capitalization grant may be used to finance the costs of the Instrumentality or
				its agents in administering the program and for other administrative costs
				determined eligible by USEPA guidance.
4.2.2. Technical Assistance. An amount up to
				2% of the federal capitalization grants shall be utilized to provide technical
				assistance services for small systems to assist those systems in maintaining
				compliance with the federal Safe Drinking Water Act. The technical assistance
				services for small systems shall be contracted by the Instrumentality to
				non-profit organizations that:
4.2.2.a. Have a
				membership that represents at least 25% of the small systems of this State;
				and
4.2.2.b. Have at least five
				years of experience in providing on-site technical assistance to small
				systems.
4.2.3. Local
				Assistance. An amount up to 15% of the capitalization grant may be used for
				local assistance such as, but not limited to: delineation and assessment of
				source water protection areas, loans for source water protection programs and
				well-head protection programs and capacity development assistance. Contractual
				services may be funded from this account for these services. No more than 10%
				may be used for any one activity.
4.2.4. State Activities. An amount up to 10%
				of the capitalization grant may be used for State activities such as, but not
				limited to: the public water supply supervision program, source water
				protection, capacity development, and operator certification
4.2.5. Reserving Set-Asides. Each year, the
				Instrumentality may reserve the Program Oversight, Technical Assistance, Local
				Assistance, and State Activities set-asides to be used in a future year. When
				used in a future year, the reserved amounts may be taken from capitalization
				grant in addition to the amounts in Sections 4.2.1, 4.2.2, 4.2.3, and
				4.2.4
West Virginia Code of State Rules › Agency 60 - Environmental Protection - Secretary's Office › Title 60 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER AND WASTE MANAGEMENT › Series 60-12 - Administration of Drinking Water Treatment Revolving Fund and Safe Drinking Water Set-Asides › Section 60-12-5 - Project and System Eligibility

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Both community and non-community
				non-transient public water systems are eligible for Drinking Water Treatment
				Revolving Fund funding, with the following exceptions:
5.1.1. For-profit non-community non-transient
				water systems; and
5.1.2. Federally
				owned public water systems.
West Virginia Code of State Rules › Agency 60 - Environmental Protection - Secretary's Office › Title 60 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER AND WASTE MANAGEMENT › Series 60-12 - Administration of Drinking Water Treatment Revolving Fund and Safe Drinking Water Set-Asides › Section 60-12-6 - Priority Ranking Procedure

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The
				Instrumentality shall develop an annual Intended Use Plan indicating how the
				Drinking Water Treatment Revolving Fund will be used. The Instrumentality shall
				give the highest priority to projects that:
6.1.1. Address the most serious health
				risks;
6.1.2. Are necessary to
				achieve compliance; and
6.1.3.
				Assist those systems most in need on a per household basis.
West Virginia Code of State Rules › Agency 60 - Environmental Protection - Secretary's Office › Title 60 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER AND WASTE MANAGEMENT › Series 60-12 - Administration of Drinking Water Treatment Revolving Fund and Safe Drinking Water Set-Asides › Section 60-12-8 - Disadvantaged Communities

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Thirty
				percent of the annual federal capitalization grant shall be dedicated to the
				funding of projects for disadvantaged communities.
8.2. The subsidy options for assistance to
				disadvantaged communities shall be described in the annual Intended Use
				Plan.
8.3 Extended loan terms. The
				loan from the DWTRF is up to 30 years, but in the case of a system defined as a
				disadvantaged community the State may provide extended loan terms, up to 40
				years. The loan terms may not exceed the expected design life of the
				project.
West Virginia Code of State Rules › Agency 60 - Environmental Protection - Secretary's Office › Title 60 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER AND WASTE MANAGEMENT › Series 60-12 - Administration of Drinking Water Treatment Revolving Fund and Safe Drinking Water Set-Asides › Section 60-12-9 - Application Procedures and Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Pre-application Process.
9.1.1. The applicant shall complete and
				submit to the Instrumentality a preliminary application package obtained from
				the Instrumentality.
9.1.2. The
				application shall provide documentation that the project has been approved, and
				funding recommended, by the West Virginia Infrastructure and Jobs Development
				Council.
West Virginia Code of State Rules › Agency 60 - Environmental Protection - Secretary's Office › Title 60 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER AND WASTE MANAGEMENT › Series 60-12 - Administration of Drinking Water Treatment Revolving Fund and Safe Drinking Water Set-Asides › Section 60-12-10 - Capacity Development

Current through Register Vol. XLI, No. 28, July 12, 2024
The Instrumentality shall continue to follow a capacity
				  development strategy to assist systems in developing and maintaining technical,
				  financial and management capability. The strategy shall be designed to ensure
				  that all new community water systems and non-community non-transient water
				  systems demonstrate technical, managerial and financial capability needed to
				  comply with applicable federal and State laws, rules and regulations for
				  drinking water.
West Virginia Code of State Rules › Agency 60 - Environmental Protection - Secretary's Office › Title 60 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER AND WASTE MANAGEMENT › Series 60-12 - Administration of Drinking Water Treatment Revolving Fund and Safe Drinking Water Set-Asides › Section 60-12-11 - Environmental Review

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. General
				Requirements. The Instrumentality shall conduct or cause to be conducted, an
				environmental review for each project funded, in whole or in part, from the
				Fund. Any adverse environmental impacts that may occur on a project, as
				determined by the Secretary, shall be mitigated by the local entity. The local
				entity shall implement all measures, as stipulated by the Secretary, that are
				necessary to prevent adverse impacts to the public health, safety, or welfare
				or to the environment. The environmental review must be conducted before the
				project loan is closed upon.
11.2.
				In accordance with 40 CFR Part 35, Subpart L (§35.3140), projects must
				undergo a State environmental review process (SERP) that conforms generally to
				the National Environmental Policy Act (NEPA),
				42 U.S.C.§
										4321
et. seq
.
11.3. The applicant should consult with the
				State early in the facilities planning stage to determine whether a project is
				eligible for a categorical exclusion, to determine alternatives to the proposed
				project for evaluation, and to identify potential environmental issues and
				opportunities for public recreation and open space.
11.3.1. All requests for a categorical
				exclusion shall conform to 40 CFR Part 6, subpart B (§6.204).
11.3.2. One public meeting must be held by
				the local entity prior to the Instrumentality's issuance of the categorical
				exclusion to discuss the chosen alternative as well as the reasons for
				rejecting other alternatives and to allow for comments.
West Virginia Code of State Rules › Agency 60 - Environmental Protection - Secretary's Office › Title 60 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER AND WASTE MANAGEMENT › Series 60-12 - Administration of Drinking Water Treatment Revolving Fund and Safe Drinking Water Set-Asides › Section 60-12-12 - Records

Current through Register Vol. XLI, No. 28, July 12, 2024
The Instrumentality shall maintain files for each DWTRF
				  project in perpetuity.
West Virginia Code of State Rules › Agency 60 - Environmental Protection - Secretary's Office › Title 60 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER AND WASTE MANAGEMENT › Series 60-13 - Design Build Program › Section 60-13-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				The purpose of this procedural rule is to establish guidelines and procedures
				for the use of design-build for reclamation projects. This policy ensures that
				the agency meets the requirements for design-build as outlined in State and
				federal laws and regulations. This procedural rule applies to all reclamation
				projects that will use the design-build delivery method. This includes projects
				that involve the reclamation of land and water damaged by mining, drilling, or
				other activities that have caused an environmental impact.
1.2. Authority. -- W. Va. Code §
									22-34-2.
1.3. Filing Date. - May 15, 2024
1.4. Effective Date. - June 21,
				2024
West Virginia Code of State Rules › Agency 60 - Environmental Protection - Secretary's Office › Title 60 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER AND WASTE MANAGEMENT › Series 60-13 - Design Build Program › Section 60-13-3 - Overview

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The agency
				recognizes the benefits of using the design-build delivery method for
				environmental projects. Design-build allows for increased efficiency, reduced
				costs, and greater collaboration between the design and construction
				teams.
3.2. The agency/owner will
				be responsible for providing a clear delineation of environmental needs/goals.
				The agency will use a two-phase selection process for design-build projects is
				a procurement method that involves two distinct phases of Best Value evaluation
				for selecting the design-build team for a construction project. This process
				helps to ensure that the project is delivered with the highest quality,
				efficiency, and cost-effectiveness.
West Virginia Code of State Rules › Agency 60 - Environmental Protection - Secretary's Office › Title 60 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER AND WASTE MANAGEMENT › Series 60-13 - Design Build Program › Section 60-13-4 - Phase One: Request for Qualifications (RFQ)

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1 During the
				first phase, the owner/agency will release a Request for Qualifications (RFQ)
				to interested parties, which will include the project scope, requirements,
				evaluation criteria, and disclosure of the Design-Build form agreement.
				Prospective vendors will be required to submit their qualifications, and
				relevant experience/past performance to the project objectives.
4.2. The evaluation criteria may include, but
				is not limited to:
4.2.1. Experience and
				qualifications of the team;
4.2.2.
				Technical competence and expertise;
4.2.3. Past performance and
				references;
4.2.4. Design-Build
				experience/past performance;
4.2.5.
				Safety/past performance;
4.2.6.
				Quality Control/past performance;
4.2.7. Permit management; or
4.2.8. Performance guarantees
				/warranty(s).
West Virginia Code of State Rules › Agency 60 - Environmental Protection - Secretary's Office › Title 60 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER AND WASTE MANAGEMENT › Series 60-13 - Design Build Program › Section 60-13-5 - Phase Two: Request for Proposal (RFP)

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. During the
				second phase, shortlisted firms will be required to provide site-specific
				details of how they propose to solve the problem. During this phase,
				shortlisted firms will also propose costs based on solutions proposed. The cost
				component will be evaluated separately. It is also a DBIA Best Practice to
				disclose the budget.
5.2. The
				evaluation criteria for the second phase may include:
5.2.1. Technical approach and
				methodology
5.2.2. Project
				management, schedule, and phasing
5.2.3. Cost and value engineering
5.2.4. Sustainability and environmental
				considerations
5.2.5. Risk
				management
5.2.6. Design
				management
5.2.7. Safety
				management
5.2.8. Quality
				Control/Quality Assurance management
West Virginia Code of State Rules › Agency 60 - Environmental Protection - Secretary's Office › Title 60 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER AND WASTE MANAGEMENT › Series 60-13 - Design Build Program › Section 60-13-6 - General Provisions

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. In
				collaboration with WV DEP, permits will be the responsibility of the winning
				Design-Builder.
6.2. Construction
				can begin in phases as design allows using a "release for construction"
				process.
6.3. Progress payment will
				be made according to the Design-Builder as per a payment schedule included in
				the contract.
6.4. Quality Control
				and Quality Assurance responsibilities will be collaborated between the agency
				and the winning Design Builder on a project-by-project basis. Both parties will
				agree on responsibilities in the executed Design-Build agreement.
6.5. Incentives and disincentives will be
				associated with time. The contract will specify the expected duration of the
				project, and the Design-Builder will be incentivized for early completion.
				Conversely, they will be disincentivized for late completion.
6.6. Agency oversight of design-build refers
				to the process of monitoring and regulating the design-build process to ensure
				that it meets the agency's goals, requirements, and standards. In design-build
				projects, the agency is typically the owner of the project, and it is
				responsible for ensuring that the project meets its objectives. The agency will
				utilize the 3rd party services of an Owners-Advisor to assist the agency in the
				implementation and execution of Design-Build best practices.
West Virginia Code of State Rules › Agency 60 - Environmental Protection - Secretary's Office › Title 60 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER AND WASTE MANAGEMENT › Series 60-13 - Design Build Program › Section 60-13-7 - Oversight

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The
				agency's oversight of design-build typically involves several key activities,
				including:
7.1.1. Reviewing the design-build
				team's qualifications: The agency will review the design-build team's
				qualifications to ensure that they have the necessary experience and expertise
				to successfully deliver the project.
7.1.2. Developing the project requirements:
				The agency will work with the design-build team to develop the project
				requirements, which will include the project's scope, budget, and
				timeline.
7.1.3. Monitoring the
				design process: The agency will monitor the design process to ensure that the
				design meets the project requirements and is consistent with the agency's
				standards and guidelines.
7.1.4.
				Evaluating the construction process: The agency will evaluate the construction
				process to ensure that it meets the project requirements and is carried out
				safely and efficiently.
7.1.5.
				Conducting inspections and audits: The agency will conduct inspections and
				audits throughout the design-build process to ensure that the project meets all
				quality and safety standards.
West Virginia Code of State Rules › Agency 60 - Environmental Protection - Secretary's Office › Title 60 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER AND WASTE MANAGEMENT › Series 60-13 - Design Build Program › Section 60-13-8 - Public Records

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1 All bids
				received, and contracts awarded are publicly available for viewing.
West Virginia Code of State Rules › Agency 60 - Environmental Protection - Secretary's Office › Title 60 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER AND WASTE MANAGEMENT › Series 60-13 - Design Build Program › Section 60-13-9 - Severability

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. If any
				word, phrase, or provision of this rule is held to be invalid, the remainder of
				the rule shall, to the fullest extent possible, not affected by that
				holding.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-01 - Animal Disease Control › Section 61-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule establishes general operating rules and procedures in the
				Animal Health Division which are established to prevent, suppress, control and
				eradicate communicable diseases of livestock and poultry.
1.2. Authority. -- W. Va. Code §
									19-9-2,
				§
									19-9-4.
1.3. Filing Date. -- April 13, 2021
1.4. Effective Date. -- May 3, 2021
1.5. Sunset Provisions. -- This
				rule shall terminate and have no further force or effect on August 1, 2031.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-01 - Animal Disease Control › Section 61-1-2 - Incorporation by Reference

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.9
				C.F.R. § 79 ("Scrapie in Sheep and Goats") is incorporated by reference.
2.2.
									9 C.F.R. §
										71.19 ("Identification of swine in interstate
				commerce") is incorporated by reference.
2.3.9 C.F.R. § 86 ("Animal Disease
				Traceability", defined by the United States Department of
				Agriculture/Veterinary Services) is incorporated by reference.
2.4.9 C.F.R. § 101-124 ("Viruses,
				Serums, Toxins, and Analogous Products; Organisms and Vectors", defined by the
				United States Department of Agriculture/Veterinary Services) is incorporated by
				reference.
2.5.9 C.F.R. § 166
				("Swine health Protection" defined by the United States Department of
				Agriculture/Veterinary Services) is incorporated by reference.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-01 - Animal Disease Control › Section 61-1-4 - Biologicals

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The
				Commissioner shall publish a list of the restricted vaccines on January 1 of
				each year. This list shall be provided to any person upon request.
4.2. A person shall not manufacture, offer
				for sale, or sell any biological in this state without a valid permit for the
				sale of biologicals issued by the commissioner.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-01 - Animal Disease Control › Section 61-1-5 - Transporting and possessing of live feral swine

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. It is prohibited to release into the
				wild any domestic livestock or pets, captive wildlife used for agriculture
				farming purposes, and any captive wildlife species non-native to West Virginia,
				except as prescribed under West Virginia Code.
5.2. Transporting and possessing of live
				feral swine is prohibited. Intentional release of domesticated swine for the
				purposes of establishing a feral swine population is prohibited. Chronic
				neglect of fencing for domestic swine that could result in the establishment of
				a population of feral swine is considered an intentional release. The
				intentional feeding of feral swine is prohibited.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-01 - Animal Disease Control › Section 61-1-6 - Quarantines

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The
				Commissioner may place a special or a general quarantine on any animal or
				animals as provided by W. Va. Code §§
									19-9-13,14
				and 15 and by this rule, when any animal is found to be infected with any
				contagious or infectious disease, when he or she suspects that any animal is
				infected with any contagious or infectious disease, or when the animal has been
				imported into this state in violation of the provisions of W. Va. Code §
									19-9-1 et
				seq. or this rule.
6.2. The
				Commissioner may extend the special or general quarantine to the premises where
				the animal is or has been located when the premises is suspected of being
				capable of transmitting the disease to other animals or humans, or the animal
				needs to be segregated from other animals so as not to transmit the disease to
				other animals or humans.
6.3. The
				Commissioner may extend the special or general quarantine to the meat or milk
				products of any animal found to be, or suspected of having, any contagious or
				infectious disease and to any equipment used in the collection, transportation,
				processing or manufacturing of the meat or milk products of the
				animal.
6.4. A person shall not
				move any animal or article under quarantine from the area specified in the
				quarantine while the quarantine is in effect, except when the Commissioner
				gives written permission for this movement to take place.
6.5. The Commissioner will release quarantine
				when the animal, product or location under quarantine is found to be free of
				disease or not capable of causing the transmission of disease to other animals
				or man.
6.6. The Commissioner
				shall allow those animals that were released from quarantine when found to be
				free of disease to enter commerce free from any restraint caused by the
				quarantine.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-01 - Animal Disease Control › Section 61-1-8 - Animal Importation

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. A
				person shall not import any animal into this state in violation of the
				provisions of W. Va. Code §
									19-9-1 et
				seq. or this rule. Any animal that is imported into this state in violation of
				W. Va. Code §
									19-9-1 et
				seq. or this rule is subject to quarantine at the expense of the owner of the
				animal. Animals imported into this state for the sole purpose of exhibition at
				a fair or festival or for sale at a purebred consignment sale are subject to
				the provisions of section 8 of this rule in addition to those of this
				section.
8.2. Except for the
				provisions of this section, no person may import any animal into this state
				that is infected with a communicable disease, that has recently been exposed to
				a communicable disease, or that is from an area under a state or federal
				quarantine.
8.3. A person shall
				not import any animal into this state for breeding purposes or that is to be
				included in a dairy herd without a valid CVI.
8.4. The Commissioner may require that an
				animal that is imported into this state for sale at a public market or for
				exhibition at a fair or festival in this state have a valid CVI issued by an
				accredited veterinarian when the protection of the public and/or animal health
				of this state warrants this requirement.
8.5. The animal health official of the state
				of origin of the animal to be imported into this state should forward the CVI
				to the Commissioner, in care of the Animal Health Division, prior to the
				importation of the animal.
8.5.a. The
				Commissioner will not accept an CVI unless the name of the consignor and the
				consignee of the animal, an accurate description or identity of the animal, the
				general health status and any other information that is required by the
				provisions of this rule are listed on the certificate.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-01 - Animal Disease Control › Section 61-1-9 - Rules for Livestock Sales

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1.
				The Commissioner may test all bovine animals that are over 18 months of age and
				sexually intact, for the presence of brucellosis except for:
9.1.a. any male animal that is considered to
				be too dangerous to test; and
9.1.b. any official vaccinate that is under
				20 months of age for animals of dairy-type breeds and under 24 months of age
				for animals of beef-type breeds.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-01 - Animal Disease Control › Section 61-1-10 - Requirements for West Virginia Fairs, Festivals and Purebred Consignment Sales

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. General.
10.1.a. A person shall not import any animal
				into the state of West Virginia for showing at a fair, festival, show or sale
				without a valid CVI that has been received by the Commissioner at least 5 days
				prior to the importation of the animal.
10.1.b. The Commissioner shall permit a
				nursing animal to be moved based on the test status of the dam.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-01 - Animal Disease Control › Section 61-1-11 - Official Vaccinates

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1.
				Official vaccinates are calves that have been vaccinated for brucellosis
				between the ages of 120 days and 365 days by an accredited veterinarian who:
11.1.a. marks the calf at the time of
				vaccination with a legible tattoo consisting of the letter "R", a "V-shield"
				and the last number in the current year in the right ear of any calf and
				securely fastens official calf hood vaccination tag in the right ear of any
				calf that does not already have a legible purebred registration tattoo; and
11.1.b. completes a Calfhood
				Vaccination Report on the animal using forms supplied by the commissioner. The
				completed report shall contain the name and address of the owner of the calf,
				the county where the animal was located when vaccinated, the date of the
				vaccination, the manufacturer and serial number of the vaccine, the number of
				the ear tag or the purebred animal tattoo, a stamp of the tattoo, the breed, a
				designation of purebred or grade, the sex of the animal, the date of birth, and
				the name and address of the person completing the report.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-01 - Animal Disease Control › Section 61-1-12 - Establishment and Maintenance of a Certified Brucellosis Free Herd

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. For the
				purpose of this section, the term "herd" means one (1) or more cattle six (6)
				months of age or older that are cows or bulls. No steers or spayed heifers or
				official vaccinates that are less than 20 months of age for dairy animals or 24
				months of age for beef animals shall be considered to be part of a herd. A herd
				shall be located on a farm and may consist of animals located in separate
				fields of a farm. The animals in a herd may have several owners.
12.2. Establishment of Herd Status.
12.2.a. The owner, or owners, of the herd
				must sign an agreement with the Commissioner that they will comply with W. Va.
				Code §§
										19-9-20
				through 24 and with the provisions of this rule.
12.2.b. The Commissioner and the United
				States Department of Agriculture shall certify the herd as brucellosis free
				after two (2) series of tests for brucellosis between 10 and 14 months apart
				show that all animals in the herd are free from brucellosis.
12.2.c. The Commissioner and the United
				States Department of Agriculture shall then issue a certificate for the
				Certified Brucellosis Free herd. The certificate is valid for 1 year unless
				revoked by the commissioner for non-compliance with the provisions of W. Va.
				Code §§
										19-9-20
				through 24 or with the provisions of this rule.