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 60-08 - Environmental Excellence Program Rule › Section 60-8-9 - Incentives

Current through Register Vol. XLI, No. 28, July 12, 2024
Environmental excellence program members are eligible for
				  incentives that may include, but will not be limited to, the following:
9.1. The department will grant recognition
				and regulatory incentives that are commensurate with the quantity and quality
				of environmental performance goals selected by the member. Bronze Leaf members
				must only be entitled to recognition incentives. Silver and Gold Leaf members
				are entitled to recognition and regulatory incentives.
9.2. Recognition Incentives.
9.2.a. The department will issue a numbered
				certificate of recognition to each participant in the program that specifies
				the level of achievement, i.e. Bronze, Silver, or Gold Leaf, and a unique
				facility identification number;
9.2.b. The department will identify each
				member on an internet site maintained by the department at
http://www.wvdep.org
;
9.2.c. The department will annually provide
				notice of the participation of each member in the program to newspapers in the
				area in which each member operates; and,
9.2.d. Members may use an environmental
				excellence program logo selected by the department on written materials
				produced by the member.
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 60-08 - Environmental Excellence Program Rule › Section 60-8-10 - Procedures for Application

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. To
				participate in the environmental excellence program, the facility must submit
				an environmental excellence program application on a form provided by the
				department that includes information pertaining to the facility that
				demonstrates compliance with and conformance to the eligibility requirements as
				specified under section 4, that may include but will not be limited to, the
				following:
10.1.a. Identification and contact
				information regarding the applicant facility; parent company; point-of-contact;
				street address; mailing address (if different from facility address); physical
				location and geographic boundary of the facility; city; state; zip code; phone
				number; facsimile number; electronic mail address; website address;
				environmental excellence program level applying for, whether Bronze Leaf,
				Silver Leaf, or Gold Leaf; and desired incentives;
10.1.b. Background and an identification of
				the environmental requirements that demonstrate the major federal, state,
				tribal, and/or local environmental laws that are applicable;
10.1.c. Environmental performance record that
				demonstrates compliance with all environmental laws as evidenced by a signature
				by a responsible official and conformance to section 5;
10.1.d. Environmental management system that
				demonstrates conformance with the environmental excellence program and
				environmental management system audit requirements as specified under section
				6;
10.1.e. A description of the
				environmental performance goals and past achievements and future commitments
				that demonstrate superior environmental performance as specified under section
				7;
10.1.f. Public participation to
				ensure that the environmental excellence program is broadly supported, its
				environmental implications are fully understood, and provides for ongoing
				engagement of the public as specified under section 8;
10.1.g. A Summary of public comments received
				by the applicant and the department during the public review period and the
				applicant's response to the comments received; and,
10.1.h. Environmental excellence program
				application certification, signed by a responsible official, that demonstrates
				compliance with and conformance to the terms and conditions for eligibility
				criteria for participation, procedures for application, and incentives in the
				environmental excellence program as specified under this section and sections 4
				and 9.
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 60-08 - Environmental Excellence Program Rule › Section 60-8-11 - Notice

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. Before
				submitting an application to the department, the applicant must provide for a
				public review of the application and related documentation for a period of not
				less than 30 days. The applicant must notify the department of its intention to
				submit an application for environmental excellence program designation not less
				than 30 days before the end of the public review period. Public review will, at
				a minimum, include posting a notice in a local newspaper of the applicant's
				intent to file the environmental excellence program application and of the
				availability of the application and related documentation for review. The
				application and related documentation must be made available at a local public
				library or other public building for not less than 30 days. The public notice
				must allow for comments to be made to the applicant or 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 60-08 - Environmental Excellence Program Rule › Section 60-8-12 - Action on Application

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. The
				department will complete its initial review of the environmental excellence
				program application within 14 days of receipt of the application that must
				include a cursory review of the application inventorying the contents and
				issuing a letter to the applicant detailing any shortcomings or acknowledging
				its completeness.
12.2. The
				department will publish, in the department calendar maintained on an internet
				site at
http://www.wvdep.org
, a
				notice of receipt of the application and related documentation and of the
				availability of the application and related documentation for public review and
				comment not less than 30 days before the department makes a decision on the
				application.
12.3. Within 60 days
				of receipt of a complete application, unless an extension of time is requested
				by the applicant, the department will consider public comments, determine
				whether the criteria of these rules have been met, and notify the applicant, in
				writing, whether the applicant is eligible to participate in the environmental
				excellence program.
12.4. The
				department will provide public notice of its decision regarding the eligibility
				of the applicant to participate in the environmental excellence program within
				30 days after rendering its decision concerning eligibility.
12.5. In cases where the department
				determines that the applicant is eligible to participate in the program, the
				department may hold an informational meeting on the applicant's
				proposal.
12.6. Within 30 days
				after the public notice specified under subsection 12.4, interested persons may
				request that the department grant them authorization to participate under the
				negotiations as specified under section 13. The secretary will determine
				whether a person who makes a request under this section must participate in the
				negotiations based on whether the person has demonstrated sufficient interest
				in the issues raised by the application for eligibility to warrant that
				participation.
12.7. Any person
				adversely affected by the secretary's eligibility determination may appeal to
				the environmental quality board, pursuant to the provisions of article one
				[§ 22B-1-1 et seq.], chapter twenty-two-b of the West Virginia
				Code.
12.8. The department will
				determine whether the environmental excellence program applicant meets the
				requirements of this rule and will inform the environmental excellence program
				applicant of acceptance into the environmental excellence program at the Bronze
				Leaf or Silver Leaf or Gold Leaf designation by January 1 of each
				year.
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 60-08 - Environmental Excellence Program Rule › Section 60-8-13 - Environmental Performance Agreement

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. Upon the secretary's determination that
				the applicant is eligible to participate in the environmental excellence
				program, the department will begin negotiations concerning an environmental
				performance agreement with the environmental excellence program applicant and
				any person or persons to whom the department granted permission as specified
				under subsection 12.6.
13.2. The
				environmental performance agreement will include information pertaining to
				environmental performance record, environmental management system,
				environmental performance goals, public participation, incentives, annual
				performance report, annual facility visitations, and application fees and
				triennial renewal fees as specified under section 18.
13.3. The department will conclude
				negotiations within 12 months of beginning negotiations unless the applicant
				and the department agree to an extension.
13.4. If negotiations as specified under
				subsection 13.1 result in a draft environmental performance agreement, the
				department will provide public notice about the draft environmental performance
				agreement in the geographic area in which the subject facility or activity,
				product, and service is located or performed. The draft environmental
				performance agreement must be made available at a local public library or other
				public building for not less than 30 days. The public notice must allow for
				comments to be made to the department.
13.5. After providing public notice of a
				draft environmental performance agreement, the department will hold a public
				meeting in the geographic area in which the subject facility or activity,
				product, and service is located or performed to further discuss the draft
				environmental performance agreement. The department will consider all public
				comments received during the public comment period under subsection 13.4 and at
				the public meeting before finalizing the environmental performance
				agreement.
13.6. The term of the
				environmental performance agreement will be three years.
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 60-08 - Environmental Excellence Program Rule › Section 60-8-14 - Annual Performance Report

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. Each member facility must complete and
				submit an annual performance report that demonstrates to the department and the
				public the eligibility criteria for participation, environmental performance
				record, environmental management system, environmental performance goals,
				public participation, incentives, annual facility visitations, and maintenance
				of the environmental performance agreement. For environmental excellence
				program Silver Leaf members that already participate in the United States
				Environmental Protection Agency National Environmental Performance Track,
				submission of the National Environmental Performance Track annual performance
				report may be accepted in lieu of this requirement as determined by the
				secretary.
14.2. Annual performance
				reports may include, but will not be limited to, the following:
14.2.a. Self-certification of the facility's
				environmental excellence program that demonstrates compliance with and
				conformance to environmental excellence program membership eligibility criteria
				for participation as specified under section 4;
14.2.b. Summary of the facility's
				environmental performance record as specified under section 5;
14.2.c. Summary of the facility's
				environmental management system assessment activities and progress towards
				meeting environmental management system requirements including environmental
				objectives, environmental targets, and environmental management programs,
				including brief descriptions of audits conducted and improvements made, as
				specified under section 6;
14.2.d.
				Information on progress made in meeting the facility's environmental
				performance goals as specified under section 7;
14.2.e. Summary of the facility's public
				participation plan and associated activities as specified under section
				8;
14.2.f. Summary of the
				facility's incentives as specified under section 9; and,
14.2.g. Summary of the facility's annual
				facility visitation as specified under section 15.
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 60-08 - Environmental Excellence Program Rule › Section 60-8-15 - Annual Facility Visitations

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1. The department will conduct annual
				facility visitations with environmental excellence program members to evaluate
				the effectiveness of the environmental excellence program and compliance with
				the environmental performance agreement.
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 60-08 - Environmental Excellence Program Rule › Section 60-8-16 - Procedures for Retention, Renewal, or Termination of Environmental Excellence Program Designation

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1.
				Retention of environmental excellence program designation requires that an
				environmental excellence program member, at least 30 days before the
				anniversary date of the current environmental excellence program designation,
				submit a renewal request, supporting information, and a certification that the
				environmental excellence program member meets the requirements as specified
				under sections 4, 5, 6, 7, 8, 9, 14, and 15.
16.2. The supporting information as specified
				under section 14 includes an annual performance report that specifically
				describes the status of the activities, products, and services and details the
				actions undertaken to maintain and implement the environmental management
				system as specified under section 6.
16.3. A renewal request must include a
				statement by the responsible official that demonstrates that the environmental
				excellence program member is in compliance with and conforms to all applicable
				environmental requirements and has no outstanding unresolved violations, or is
				in compliance with and conforms to a binding schedule to correct and prevent
				any outstanding violations.
16.4.
				The secretary will terminate the environmental excellence program designation
				if, after the effective date of the current environmental excellence program
				designation, the secretary determines that the environmental excellence program
				member:
16.4.a. Failed to meet the
				requirements of the environmental performance record as specified under section
				5 or:
16.4.a.1. Failed to promptly and
				adequately correct and prevent a violation of environmental requirements as
				specified under section 5.
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 60-08 - Environmental Excellence Program Rule › Section 60-8-17 - Impact on Incentives from Termination of Environmental Excellence Program Designation

Current through Register Vol. XLI, No. 28, July 12, 2024
17.1. Upon
				the secretary's termination of an environmental excellence program designation,
				all incentives, provided to the former environmental excellence program member
				and as specified under section 9, will be terminated and/or restricted as
				provided in this section and as determined by the secretary.
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 60-08 - Environmental Excellence Program Rule › Section 60-8-18 - Application Fees and Triennial Renewal Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
18.1. An application fee of one thousand
				dollars ($1,000.00) must be paid by the environmental excellence program
				applicant and is to be submitted at the time the application is filed in the
				form of a check payable to the Department of Environmental Protection for
				deposit in the Environmental Excellence Program Administrative Fund for
				environmental excellence program administration, provided that an applicant
				which qualifies as a "small business" must pay an application fee of three
				hundred dollars ($300.00), and provided further that the application fee will
				be waived for all public entities seeking membership in the environmental
				excellence program.
18.2. A
				triennial renewal fee of five hundred dollars ($500.00) must be paid by the
				environmental excellence program member and is to be submitted at the time the
				renewal is filed in the form of a check payable to the West Virginia Department
				of Environmental Protection for deposit in the Environmental Excellence Program
				Administrative Fund for environmental excellence program administration,
				provided that an environmental excellence program member which qualifies as a
				"small business" must pay a triennial renewal fee of one hundred and fifty
				dollars ($150.00), and provided further that the triennial renewal fee will be
				waived for all members that are public entities.
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 60-09 - Voluntary Remediation And Redevelopment De Minimis Standards › Section 60-9-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				Interpretive Rule establishes the De Minimis Standards applicable for voluntary
				remediation activities and brownfield revitalization performed in accordance
				with the Voluntary Remediation and Redevelopment Act, W. Va. Code §
									22-22-1,
				et seq.
1.2. Authority. -- W. Va.
				Code §
									22-22-3.
1.3. Filing Date. -- July 30, 2021.
1.4. Effective Date. -- August 29,
				2021.
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 60-09 - Voluntary Remediation And Redevelopment De Minimis Standards › Section 60-9-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
The definitions contained in W. Va. Code §
									22-22-2
				  and the Voluntary Remediation and Redevelopment Rule, 60CSR3, apply to this
				  rule, in addition to those definitions set forth below:
2.1. "De Minimis Standard" means a
				contaminant level that poses no substantial risk to human health based on the
				current or reasonably anticipated future land and groundwater use for either
				residential or industrial purposes.
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 60-09 - Voluntary Remediation And Redevelopment De Minimis Standards › Section 60-9-3 - De Minimis Standards

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The
				Secretary' shall review the De Minimis Standards annually and, if necessary,
				update the De Minimis Standards to reflect current toxicity information,
				chemical-specific data, and exposure parameters. Additionally, updates to the
				De Minimis Standards shall occur following significant regulatory changes such
				as a revised groundwater quality standard or listing of a new hazardous
				substance in § 104(14) of CERCLA.
3.2. The Voluntary' Remediation and
				Redevelopment Rule, 60CSR3 (§ 9.2.d), outlines the method for calculating
				De Minimis Standards.
3.3. De
				Minimis Standards to be used in all voluntary remediation activities and
				brownfield revitalization are presented in Table 60-9.
Table 60-9: De Minimis Standards Table
Click Here To
				  View Image
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 60-10 - Purchasing Procedure › Section 60-10-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				This rule is to ensure certain controls and accountabilities are in place for
				the procurement of construction reclamation contracts by the Department of
				Environmental Protection.
1.2.
				Authority. -- W. Va. Code §
									5A-1-12.
1.3. Filing Date. - May 9, 2023
1.4. Effective Date. - June 12,
				2023
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 60-10 - Purchasing Procedure › Section 60-10-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				"Department" means the West Virginia Department of Environmental Protection
				created and established under W. Va. Code §
									22-1-1
et
				seq.
2.2. "Local
				Governmental Agencies" means counties; municipalities; watershed improvement
				districts; soil conservation districts; sanitary districts; public service
				districts; drainage districts; regional governmental authorities and any other
				governmental agency, entity, political subdivision, public corporation or
				agency having the authority to acquire, construct or operate public water
				facilities, storm-water systems or wastewater facilities.
2.3. "RFP" means Request for
				Proposal.
2.4. "Secretary" means
				the cabinet secretary of the West Virginia Department of Environmental
				Protection.
2.5. "State" means the
				State of 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 60-10 - Purchasing Procedure › Section 60-10-3 - Overview

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The
				Department is the charged by the West Virginia Legislature with the mission to
				use all practicable means and measures to prevent or eliminate harm to the
				environment and biosphere, to create and maintain conditions under which man
				and nature can exist in productive harmony, and fulfill the social, economic
				and other requirements of present and future generations.
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 60-10 - Purchasing Procedure › Section 60-10-4 - Purchasing Requirements for Construction or Reclamation Contracts

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. All
				procurement of construction or reclamation services by the Department are in
				accordance with W.Va. Code §5-22 Government Construction Contracts and are
				subject to expenditure approval.
4.2. The Secretary shall adopt standard
				specification terms and conditions which shall establish the requirements to
				which the services to be contracted for by the Department must
				conform.
4.3. Requirements for all
				construction or reclamation projects:
4.3.a.
				The proposed purchase must receive the approval of an Authorized Designee or
				the Program Director.
4.3.b. All
				solicitations for construction or reclamation contracts must be publicly
				advertised using advertising media such as the wvOASIS Vendor Self-Service
				Portal.
4.3.c. All responses to
				solicitations must be received electronically and remain sealed until the
				system releases the bid information at the specified date and time stated on
				the solicitation. The vendor is solely responsible for the submittal of the bid
				prior to the appointed date and hour of the bid close.
4.3.d. All results of bids received will be
				posted on the DEP' s website and available within 24 hours of bid close
				time.
4.3.e. All bidders will be
				notified of either successful or unsuccessful bid or quote in writing, which
				may be via e-mail.
4.3.f. Contracts
				will be awarded to the lowest responsible bidder meeting the required
				specifications.
4.3.g. Any or all
				bids and/or quotes may be rejected if there is a sound, documented reason for
				such rejection.
4.3.h. The proposed
				contract must receive the approval of the Director or other officer or employee
				with full signature authority.
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 60-10 - Purchasing Procedure › Section 60-10-5 - Emergency Construction or Reclamation Contracts

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1 Any request to
				procure construction or reclamation services on an emergency basis must be
				submitted in writing to the DEP Procurement Office. The Assistant Chief shall
				review a spending unit's written request and issue written approval or
				disapproval.
5.2 Approval to
				construction or reclamation services on an emergency basis will permit the
				division or office to purchase the required services directly from a vendor.
				Provided, however, that the division or office must obtain three bids, if
				possible. Any required documentation must be submitted to the DEP Procurement
				Office as soon as possible for processing.
5.3 What qualifies as an emergency under this
				subsection shall be evaluated by the Assistant Chief on a case by case basis,
				but will at least include unforeseen events or circumstances, including delays
				by contractors, delays in transportation, or an unanticipated volume of work,
				as well as procurement of specific commodities for immediate delivery related
				to an official declaration of emergency by the Governor or federal officials.
				Emergency purchases are not used for hardship resulting from neglect, poor
				planning, or lack of organization by the Department. Competitive bids shall be
				obtained if possible.
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 60-10 - Purchasing Procedure › Section 60-10-6 - Protests

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Submission
				of Protest.
6.1.a. Protests based on bid or
				specifications must be submitted no later than five (5) working days prior to
				the bid close. Protest of a purchase order or contract award must be submitted
				no later than five (5) working days after the award. The vendor is responsible
				for knowing the bid close and award dates. Protests received after these dates
				may be rejected at the option of the Secretary or designee.
6.1.b. All protests must be submitted in
				writing to the Department and contain the following information:
6.1.b.i. The name and address of the
				protestor;
6.1.b.ii. The
				requisition, solicitation, purchase order or contract numbers;
6.1.b.iii. A statement of the grounds of
				protest;
6.1.b.iv. Supporting
				documentation, if necessary; and
6.1.b.v. The resolution or relief
				sought.
6.1.c. Failure to
				submit the information shall be grounds for rejection of the protest by the
				Secretary.
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 60-10 - Purchasing Procedure › Section 60-10-7 - Permitted Exceptions

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1.
				Emergencies. Exceptions may be made in the event of federally declared
				emergencies or State declared emergencies affecting the Department or its
				programs.
7.2. Documentation of
				Exceptions. The reasoning for and approval of exceptions should be noted in the
				supporting documentation and/or the payment/voucher request. Any exception
				shall require the written approval of the Director or other officers or
				employees with full signature authority.
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 60-10 - Purchasing Procedure › Section 60-10-8 - 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 60-10 - Purchasing Procedure › Section 60-10-9 - 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 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 60-11-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope - This
				legislative rule establishes requirements for the decommissioning of solar and
				wind generation facilities and bonding to guarantee such
				decommissioning.
1.2. Authority -
				W. Va. Code §§
									22-32-1,
et
				seq.
1.3. Filing Date -
				April 28, 2023
1.4. Effective Date
				- April 28, 2023
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 60-11-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
Unless the context clearly requires a different meaning, all
				  terms contained in this section are defined by their plain meanings. This
				  section contains definitions for terms that appear through this rule.
2.1. "Abandon" or "abandonment" means
				generating 10 percent or less of the monthly maximum generation potential, as
				determined by the facility's nameplate capacity, each month for 12 consecutive
				months, unless an application for a new or modified siting certificate is
				pending before the Public Service Commission. A facility will not be considered
				abandoned during any period in which the facility is being repowered, subject
				to any commencement or completion deadlines set by the Public Service
				Commission.
2.2. "Act" means The
				West Virginia Wind and Solar Energy Facility Reclamation Act, West Virginia
				Code §
									22-32-1,
et
				seq
.
2.3. "Alternative
				decommissioning agreement" is a legally binding agreement providing for
				decommissioning of a solar generation facility or a wind generation facility
				that can be enforced by a qualified independent party and that has been
				approved by the Department of Environmental Protection or the Public Service
				Commission.
2.4. "Board" means the
				Environmental Quality Board as defined in West Virginia Code §
									22B-1-7.
2.5. "Bond" means a surety bond or any other
				arrangement, including but not limited to letters of credit and escrow
				accounts, that represent a financial guarantee from the owner of a wind
				generation facility or solar generation facility to meet decommissioning
				requirements as established in this Act.
2.6. "Commenced commercial operation" means
				the first date the solar generation or wind generation facility delivers energy
				to the distribution or transmission system.
2.7. "Decommission" or "decommissioning"
				means:
2.7.a. The removal and proper disposal
				of the solar generation facility and its foundation after the end of the
				facility's useful life or abandonment; or
2.7.b. The removal and proper disposal of an
				aboveground wind turbine tower and its foundation after the end of a wind
				generation facility's useful life or abandonment; and
2.7.c. Except as otherwise provided in §
										22-32-4 of the Act, the removal
				and proper disposal with a wind generation or solar generation facility;
				and
2.7.d. Except as otherwise
				provided in §
										22-32-4 of the Act, the
				reclamation of the surface lands upon which buildings, equipment, and equipment
				foundations using backfill and compacting of soil in order to return the
				surface to beneficial use and to prevent adverse hydrologic effects.
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 60-11-3 - Owner Responsibilities

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. An owner of a solar or wind generation
				facility shall:
3.1.a. Decommission its
				generation facility according to this rule and pay for all costs associated
				with decommissioning;
3.1.b.
				Commence decommissioning activities within 90 days after abandonment, unless
				the owner receives department approval of an alternative written plan for
				decommissioning;
3.1.c. Complete
				decommissioning within 24 months after abandonment, or according to a
				reasonable alternative schedule proposed by the owner and approved by the
				department upon a showing of good cause for the extension.
3.1.d. Notify the department in writing
				within 30 days after abandonment; and
3.1e. Notify the department in writing within
				30 days after beginning onsite decommissioning activities.
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 60-11-4 - Decommissioning Agreement

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Unless
				exempt, the owner of each solar or wind generation facility must prepare a
				decommissioning plan. A decommissioning plan must include:
4.1.a. A commitment to remove all aboveground
				solar panels, wind turbines, and towers;
4.1.b. Plans, including general structural
				and electrical information, relative to the calculation of the bond for all
				facilities and all disturbances associated with the facility. The plans must be
				certified by a professional engineer that that the as-built plans are complete
				and accurate. The department may allow treatment of all or a portion of the
				plan as confidential information if the owner demonstrates to the department's
				satisfaction that the information or plan may be protected pursuant to West
				Virginia Code §
										29B-1-4;
4.1.c. A detailed estimate of the cost of
				decommissioning the facility with supporting calculations, including:
4.1.c.i. A detailed estimate of the current
				salvageable value of the facility by an evaluator who is a qualified
				independent party; and
4.1.c.ii. An
				estimate of all other expenses related to decommissioning that are the
				responsibility of the owner.
4.1.d. A description of the manner in which
				the facility will be decommissioned and a proposed decommissioning schedule,
				which, except as provided for in 4.2, must include:
4.1.d.i. Removal of all overhead electrical
				transmission lines and structures, transformers, buildings, and all other
				ancillary equipment and debris from operation of the facility that is not
				associated with interconnecting the facility into the electrical
				grid;
4.1.d.ii. Removal of all
				underground cables and pipelines to a depth of 24 inches or deeper if necessary
				for the post operation land use;
4.1.d.iii. Removal of wind turbine and solar
				foundations and other concrete foundations and slabs to a minimum depth of 36
				inches below the surface;
4.1.d.iv.
				Reclamation of the facility site to the approximate original surface topography
				that existed prior to the start of the construction of the facility with
				grading, topsoil application over the disturbed areas at a depth similar to
				that in existence prior to the disturbance, reseeding, and revegetation to
				achieve the same utility as the surrounding area at the time of decommissioning
				to prevent adverse hydrological effects;
4.1.d.v. Repair and reconstruction from
				damage to public roads, culverts, and natural drainage ways resulting directly
				from operation of or decommissioning of the facility; and
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 60-11-5 - Bonding and Decommissioning Exemptions

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The owner of a solar or wind generation
				facility is exempt from the decommissioning and bonding requirements of this
				rule if:
5.1.a. The facility has a nameplate
				capacity of less than 1.0 megawatts;
5.1.b. The facility is operated by regulated
				public utility who can successfully demonstrate to the department and the
				Public Service Commission an acceptable showing of financial integrity and
				long-term viability; or
5.1.c. The
				facility:
5.1.c.i. Is legally bound by a
				decommissioning agreement, based upon a qualified independent party and
				executed before July 9, 2021; or
5.1.c.ii. Was granted a siting certificate,
				modification waiver, order, or other authorization to construct by the Public
				Service Commission, conditioned upon the execution of such agreement before
				July 9, 2021.
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 60-11-6 - Determination of Bond Amount

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1 Unless
				exempt, each solar and wind generation facility shall provide a decommissioning
				bond conditioned on the faithful decommissioning of the facility. The
				department shall set the bond amount at the estimated amount for the department
				to perform the decommissioning work required of an owner.
6.2. The bond amount must be based on:
6.2.a. Estimated costs of decommissioning and
				salvage value as submitted by the owner in the decommissioning plan and in
				accordance with these rules with such costs estimated by the department using
				current machinery production handbooks and publications or other documented or
				substantiated cost estimates acceptable to the department;
6.2.b. Estimated costs to the department that
				may arise from applicable public contracting requirements or the need to bring
				personnel and equipment to the facility after its abandonment by the owner to
				perform decommissioning and reclamation work;
6.2.c. Estimated costs to the department that
				may arise from management and maintenance of the facility upon owner insolvency
				or abandonment, until full bond liquidation can be effected; and
6.2.d. Other cost information as may be
				required by or available 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 › Section 60-11-7 - Bonding Deadline

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Except
				as provided in 6.3 and 6.5 of these rules, an owner who is required to provide
				a bond for decommissioning shall submit a pond payable to the State of West
				Virginia in a form acceptable to the department and the Attorney General of the
				State of West Virginia and in a sum determined by the department pursuant to
				these rules, conditioned on the faithful decommissioning of the facility. The
				owner shall submit the bond:
7.1.a. On or
				before July 1, 2022 if the solar or wind generation facility commenced
				commercial operation on or before July 1, 2021; or
7.1.b Within one year of the date on which
				the solar or wind generation facility first produces electricity for consumer
				or industrial use, if the solar or wind generation facility commenced
				commercial operation after July 1, 2021.
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 60-11-8 - Penalties

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. If the owner
				of the solar or wind generation facility fails to submit a decommissioning bond
				acceptable to the department or the properly executed and legally binding
				decommissioning agreement within the timeframe required by these rules, the
				department shall provide notice to the facility owner. If, after 30 days, the
				owner has not submitted a decommissioning bond or such agreement, the
				department may assess an administrative penalty of not more than $10,000.00 for
				the first day of violation and may assess an additional administrative penalty
				of not more than $500.00 for each day the failure to submit the bond
				continues.
8.2. The owner of the
				solar or wind generation facility may appeal a penalty assessment to the
				Environmental Quality Board within 30 after receipt of written notice of the
				penalty.
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 60-11-9 - Replacement of Bond

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. If the
				owner transfers ownership of the facility to a successor owner, the department
				shall release the bond posted by the owner in accordance with this rule within
				90 days. The successor owner shall, within 90 days after transfer, provide a
				bond that meets the requirements of these rules.
9.2. The owner must receive approval from the
				department prior to replacing any bond. The department shall approve a
				replacement bond within 90 days of receipt of the request for replacement if it
				meets the requirements of these rules.
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 60-11-10 - Adjustment of Bond Amount

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. Once
				every five years, an owner may request a reduction of the required bond amount
				by submitting to the department an amended decommissioning plan. If the
				department finds that the amended decommissioning plan reduces the estimated
				cost to the department to complete decommissioning, the department may approve
				reducing the bond. Prior to denying the request in whole or in part, the
				department shall consult with the owner. The department shall issue its
				decision within 90 days of receipt of the facility owner's request.
10.2. The department shall review each
				nonexempt decommissioning plan and bond amount every five years after a
				facility is bonded, or when a new owner submits a revised decommissioning plan.
				The department may increase the amount of the bond if the facility has expanded
				or the cost to decommission the facility has otherwise increased. The
				department shall notify the owner of any proposed bond increase and provide the
				owner an opportunity for an informal conference on the proposal. If the
				department determines that the bond amount must be increased, it shall mail to
				the owner a written justification for the increase. The owner shall increase
				the bond amount within 90 days after the date the written justification was
				mailed.
10.3. The owner of the
				solar or wind generation facility may appeal a determination relating to bond
				adjustments to the Environmental Quality Board within 30 after receipt of
				written notice of the agency approval or denial of the request for bond
				adjustment.
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 60-11-11 - Form of Bond

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. The owner
				shall submit either a surety bond, collateral bond, letter of credit, or
				certificate of deposit in a form acceptable to the department and to the
				Attorney General of the State of West Virginia by the deadline established by
				these rules.
11.2. Liability under
				any bond, including separate bond increments or bonds applicable to a single
				facility, extends to the owner's entire facility.