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 60-04 - Awarding of WV Stream Partners Program Grants Rule › Section 60-4-5 - Authorized Uses of Grant Funds

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				Grants may be used for the following types of watershed improvement projects:
5.1.a. Fish and wildlife habitat
				enhancement;
5.1.b. Stream bank
				stabilization, erosion and sediment control;
5.1.c. Education on the importance of
				protecting streams within the watersheds;
5.1.d. Water monitoring and watershed
				assessments include but are not limited to, stream classification, its natural
				meanders, and land uses;
5.1.e.
				Improved land use practices; and
5.1.f. Clean up projects when done in
				conjunction with above-mentioned projects.
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 60-04 - Awarding of WV Stream Partners Program Grants Rule › Section 60-4-6 - Review, Evaluation, and Award

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Each application will be scored
				utilizing the following criteria:
6.1.a.
				Application Style: Legibility of the application, completed and signed cover
				sheet, and all questions answered and easy to find;
6.1.b. Membership and History: A description
				of how the organization is a broad-based community organization. Also provide
				an overview of the organization's history;
6.1.c. Issues: A review of the issues that
				affect the stream or streams within the watershed;
6.1.d. Long and Short-Term Goals: A plan
				showing the organization's vision, mission, long-term goals, short-term goals,
				and the effect the project and organization will have on the
				community;
6.1.e. Watershed
				Improvement Project: A description of the watershed improvement project that
				will enhance the quality of the stream and the watershed;
6.1.f. Budget: A budget for the watershed
				improvement project that includes: how the applicant plans to spend the grant,
				in-kind services, cash contributions, and other grants that constitute the
				twenty per cent (20%) match;
6.1.g.
				Outreach: A plan to provide education and outreach to the community about the
				importance of watershed protection and restoration; and
6.1.h. Past History/ New Organizations:
6.1.h.1. For existing groups: record-keeping
				ability, completion of documentation of grant expenditures, watershed
				improvement project, ability to foster partnerships and obtain in-kind/cash
				contributions.
6.1.h.2. For new
				organizations: ability to get organized, planning procedures, and partnership
				building.
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 60-04 - Awarding of WV Stream Partners Program Grants Rule › Section 60-4-7 - Grant Conditions

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The
				Executive Committee reserves the right to withdraw a grant upon determination
				of unsatisfactory program compliance with 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 60-04 - Awarding of WV Stream Partners Program Grants Rule › Section 60-4-8 - Unexpended Funds

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Unexpended
				funds may be used for future watershed improvement projects under the following
				conditions:
8.1.a. The grantee files a
				statement of the intended use of the unexpended portion of the grant;
8.1.b. The grantee sets a target date for the
				completion of the watershed improvement project; and
8.1.c. The grantee submits a final report and
				a budget, including grant expenditures, in-kind services, cash contributions,
				and other grants.
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 60-04 - Awarding of WV Stream Partners Program Grants Rule › Section 60-4-9 - Reporting

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. The grantee
				must provide a mid-term report and a final report, including a budget,
				indicating how the grant money was spent and all in-kind services, cash
				contributions, and other grants that constitute the twenty per cent (20%)
				match.
9.2. The grantee must submit
				copies of all grant expenditures and should retain all receipts from
				expenditures of the grant for a minimum of three (3) years.
9.3. Grantees that do not comply with the
				reporting requirements shall not be eligible for future funding. The Executive
				Committee may deny future funding to grantees who do not comply with reporting
				requirements.
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 60-04 - Awarding of WV Stream Partners Program Grants Rule › Section 60-4-10 - West Virginia Stream Partners Program Coordinator Duties

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. The West Virginia Stream Partners
				Program Coordinator will track the activities, progress, and milestones of the
				grantees and their watershed improvement projects and disseminate this
				information to the Executive Committee to be incorporated into the grant
				selection process.
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 60-05 - Antidegradation Implementation Procedures › Section 60-5-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule establishes the procedures by which the Department of Environmental
				Protection shall implement the State's water quality anti-degradation policy
				found at 47 CSR 2-4.
1.2.
				Authority. -- W. Va. Code §
									22-11-7b(d).
1.3. Filing Date. -- April 11,
				2008.
1.4. Effective Date. -- July
				1, 2008.
1.5. Applicability.
1.5.a. Except as noted, the antidegradation
				implementation procedures herein apply to regulated activities that have the
				potential to affect water quality. The level of review required will depend
				upon the existing uses of the water segment that would be affected, the level
				of protection ("tier") assigned to the applicable water segment, the nature of
				the activity, and the extent to which existing water quality would be
				degraded.
1.5.b. Nonpoint source
				activities will be deemed to be in compliance with antidegradation requirements
				with the installation and maintenance of cost-effective and reasonable best
				management practices in accordance with 47 CSR 2-4.1.b. These include, but are
				not limited to, best management practice programs for silviculture administered
				by the Division of Forestry, programs for oil and gas operations administered
				by the Office of Oil and Gas of the Department of Environmental Protection,
				nonpoint source construction activities, and reasonable land, soil and water
				conservation measures and practices applied to agricultural nonpoint
				sources.
1.5.c. Where applicable
				and practical, the antidegradation procedure and review shall be integrated
				into and proceed concurrently with existing environmental processes and reviews
				pursuant to the National Environmental Policy Act.
1.5.d. Information contained within existing
				environmental processes and reviews, such as environmental assessments,
				environmental impact statements, facilities plans, and findings of no
				significant impact, may be used to provide part or all of the requirements of
				the antidegradation procedure and review.
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 60-05 - Antidegradation Implementation Procedures › Section 60-5-6 - Tier 3 Protection Review Procedures (Outstanding National Resource Waters). See 47 CSR 2-4.1.c and 47 CSR 2-2.10 for a Description of Outstanding National Resource Waters (ONRW)

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1.
				Tier 3 waters. ONRWs are to be maintained, protected and improved where
				necessary. Any proposed new or expanded regulated activity that would degrade
				(result in a lowering of water quality) a water body that has been designated
				an ONRW, other than temporary lowering of water quality, is
				prohibited.
6.2. Tier 3
				antidegradation review. The agency shall use the following antidegradation
				implementation procedures for evaluating new or expanded regulated activities
				that have the potential to affect Outstanding National Resource Waters (ONRWs),
				as described in 47 CSR 2 - 4.1.c. and as listed in accordance with subsection
				7.1.
6.2.a. Determine whether the proposed
				activity is short term in nature and the resulting changes in water quality
				will be temporary. Such determination will be made on a case-by-case basis and
				shall be made after consideration of the following factors:
6.2.a.1. The length of time during which the
				water quality will be lowered;
6.2.a.2. The percent change in ambient
				concentrations;
6.2.a.3. The
				parameters affected;
6.2.a.4. The
				likelihood for long-term water quality benefits to the segment (e.g., as may
				result from dredging of contaminated sediments);
6.2.a.5. The degree to which achieving
				applicable water quality standards during the proposed activity may be at risk;
				and
6.2.a.6. The potential for any
				residual long-term influences on existing uses.
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 60-05 - Antidegradation Implementation Procedures › Section 60-5-7 - Designation of Tier 3 Waters

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1.
				Listing process for Tier 3 waters.
7.1.a.
				Tier 3 Nomination Procedures. Any interested party or the Secretary may
				nominate a water as an ONRW. After reviewing the nomination the Secretary shall
				consider the qualification criteria and may classify the nominated water as a
				Tier 3 water in accordance with the notice and comment provisions of this
				subsection. The address for filing such petitions is West Virginia Department
				of Environmental Protection, Attn: Tier 3 List, 601
				57th Street, SE, Charleston, WV 25304. The
				nominating party has the burden of establishing a basis for listing of a water
				segment as a Tier 3 water. The Secretary shall return insufficient nominations
				to the nominating party. Generally, nominations that fail to address at least
				three of the qualification criteria set out in paragraph 7.2.a.2. of this rule
				shall be considered insufficient.
7.1.a.1.
				Upon receiving a sufficient nomination of a water or segment of a water for
				designation as a Tier 3 water pursuant to the State's antidegradation policy,
				the Secretary shall notify each locality in which the water or segment lies and
				shall provide individual notice to property owners on the nominated segment.
				When a good faith effort to notify individual property owners has failed, and
				individual notice to property owners is impracticable, constructive notice by
				publication shall be provided. The written notice shall include, at a minimum:
7.1.a.1.A. A description of the location of
				the waters or segment;
7.1.a.1.B.
				The procedures and criteria for designation as well as the impact of the
				designation;
7.1.a.1.C. The name of
				the person(s) making the nomination; and
7.1.a.1.D. The name of a contact person at
				the Department of Environmental Protection who is knowledgeable about the
				nomination of the waters or segment. After receipt of the notice of the
				nomination, landowners, the public and localities shall be provided 60 days to
				comment.
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 60-05 - Antidegradation Implementation Procedures › Section 60-5-8 - Public Participation in Antidegradation Reviews/Appeals

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. All
				antidegradation review findings shall be documented by the Secretary and made
				part of the public record. The findings, including the baseline water quality,
				the existing uses, and the tier assigned to the water body are to be available
				to the public.
8.2. Any required
				public notice will be provided through the appropriate Class I or Class II
				legal advertisement in a qualified newspaper with the largest circulation for
				the county where the activity will occur. The notice will identify the action
				being considered, list all existing uses identified of the water, and call for
				comments from the public regarding the proposed activity. The cost of such
				publication will be borne by the applicant.
8.3. Public notice, opportunity for public
				comment, and opportunity for a public hearing, consistent with the requirements
				of 47 CSR 10-12, will be provided of all activities proposed to be allowed
				after a Tier 1, 2, or 3 antidegradation review. Such public notice may be
				combined with other required notifications, such as notification to agencies as
				part of required intergovernmental coordination or notification of a proposed
				permit decision. Public notice is not required to be provided for proposed
				activities on Tier 1 or Tier 2 waters for which a review process has not been
				required, such as activities covered by a WV/NPDES general permits, except that
				any trading approved by the Secretary for antidegradation purposes will require
				public notice consistent with the requirements of 47 CSR 10-12.
8.4. Public notice of Tier 2 antidegradation
				reviews.
8.4.a. After a full Tier 2 review
				has been completed for a proposed activity, the public notice shall include
				notice of the availability of the following:
8.4.a.1. The decision as to whether the
				proposed activity has been determined to comply with the antidegradation
				implementation rule;
8.4.a.2.
				Findings from the alternatives analysis;
8.4.a.3. A determination of the impact of the
				activity to ambient concentrations and baseline water quality;
8.4.a.4. The results of the socio-economic
				evaluation of the activity;
8.4.a.5. The determination regarding
				existence of reasonable and cost effective non-degrading or less degrading
				alternatives; and
8.4.a.6. A
				description of the water segment that is subject to the antidegradation
				review.
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 60-06 - Administrative Procedures And Civil Administrative Penalty Assessment-Water Resources Protection Act › Section 60-6-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule establishes administrative procedures related to survey and registration
				requirements under the Act and a procedure for assessment of a civil
				administrative penalty for failure to complete the survey or register,
				providing false or misleading information on the survey or registration, or
				failure to provide other information as required by the Act.
1.2. Authority. -- W. Va. Code §§
									22-1-6(d)(3);
				22-26-3(m);
				22-26-6(b).
1.3. Filing Date. -- April 14,
				2005.
1.4. Effective Date. -- May
				16, 2005.
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 60-06 - Administrative Procedures And Civil Administrative Penalty Assessment-Water Resources Protection Act › Section 60-6-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Act" means
				the Water Resources Protection Act, W. Va. Code §
									22-26-1
				et seq.
2.2. "Person" means an
				individual, public and private business or industry, public or private water
				service and governmental entity.
2.3. "Secretary" means the secretary of the
				department of environmental protection or his or her designee.
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 60-06 - Administrative Procedures And Civil Administrative Penalty Assessment-Water Resources Protection Act › Section 60-6-3 - Applicability

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. This rule
				applies to any person required to provide information to the Secretary pursuant
				to section 3(c) of the Act.
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 60-06 - Administrative Procedures And Civil Administrative Penalty Assessment-Water Resources Protection Act › Section 60-6-4 - Survey and Registration Response-Secretary's Determination

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Persons
				subject to this rule must complete the survey and registration requirements
				established by the Secretary in accordance with the Act. If a good faith effort
				has been made to comply, a penalty will not initially be assessed when the
				Secretary disagrees with any interpretations or calculations made in completing
				the survey or registration.
4.2.
				When the Secretary disagrees with any interpretations or calculations submitted
				in a survey or registration, he or she will issue a written determination
				explaining why the agency disagrees and establishing the appropriate
				calculations and interpretations to be used in the survey or
				registration.
4.3. The written
				determination will be sent by certified mail and will notify the person of the
				requirement to correct the information within thirty (30) days. The
				determination will also inform the person that if the corrected information is
				not submitted within thirty (30) days of receipt, or some greater time
				designated by the Secretary, the person will be considered to be in violation
				and the Secretary will assess a penalty in accordance with this
				policy.
4.4. A non-confidential
				version of each written determination issued by the Secretary will be posted on
				the Water Resources Protection Act web page. These determinations will be the
				governing documents for interpretations and calculations for all future surveys
				or registrations.
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 60-06 - Administrative Procedures And Civil Administrative Penalty Assessment-Water Resources Protection Act › Section 60-6-5 - Civil Administrative Penalty Assessment

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Upon failure of a person to submit the
				corrected information as required by a written determination within the
				specified time frame, a notice of violation will be sent to the violator by
				certified mail. The notice will include the specifics of the violation, a
				requirement to respond within thirty (30) days, and will assess a civil
				administrative penalty of $1,000.
5.2. Any person who fails to complete a
				survey or registration, provides false or misleading information on the survey
				or registration, or fails to provide any other information than that required
				in a written determination under section 4, will be sent a notice of violation
				by certified mail. The notice of violation will contain the specifics of the
				violation and provide thirty (30) days from receipt to respond and/or correct
				the violation. The notice of violation will also inform the violator that civil
				administrative penalties of up to $5,000 may be assessed in the future for each
				thirty (30) days of continuing noncompliance.
5.3. Upon failure to respond to any first
				notice of violation issued under subsection 5.1 or 5.2, a second notice of
				violation will be sent by certified mail noting the continuing noncompliance.
				This second notice of violation will include the specifics of the violation, a
				requirement to respond within thirty (30) days and will assess a civil
				administrative penalty of up to $5,000.
5.4. Every thirty (30) days after the initial
				imposition of a civil administrative penalty, another penalty may be assessed
				in an amount up to $5,000 if the information is not provided.
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 60-06 - Administrative Procedures And Civil Administrative Penalty Assessment-Water Resources Protection Act › Section 60-6-6 - Additional Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. If,
				after issuance of the notices of violation specified in section 5, a person
				fails or refuses to submit the required information or pay the civil
				administrative penalty imposed by such notice, the Secretary will issue an
				order requiring that the information be submitted and the penalty be
				paid.
6.2. Such order will be sent
				by certified mail to the person and will include findings of fact upon which
				the Secretary based his or her determination to issue the order and a specific
				time limit for the completion of the action.
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 60-07 - Confidential Information Under Water Resources Protection Act › Section 60-7-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule establishes the requirements for claiming information submitted to the
				Secretary as confidential and the procedures for determinations of
				confidentiality in accordance with the provisions of W. Va. Code §
									22-26-4.
1.2. Authority. -- W. Va. Code §§
									22-26-3(m);
				22-26-4.
1.3. Filing Date. -- September 9,
				2005.
1.4. Effective Date. --
				October 11, 2005.
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 60-07 - Confidential Information Under Water Resources Protection Act › Section 60-7-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Act" means
				the Water Resources Protection Act, W. Va. Code §§
									22-26-1
				et seq.
2.2. "Claimant" means the
				person asserting a claim of confidentiality.
2.3. "Confidential information" includes
				records, reports, information or data, or a particular portion thereof, that
				reveal a trade secret, contain protected information relating to homeland
				security or are subject to another exemption provided by the State Freedom of
				Information Act [W. Va. Code §
									29B-1-1 et
				seq.]; "confidential information" shall also include records, reports or
				information, or a particular portion thereof, that if made public would:
2.3.a. Divulge production or sales figures or
				methods, processes or production unique to the submitting person;
2.3.b. Otherwise tend to adversely affect the
				competitive position of a person by revealing trade secrets, including
				intellectual property rights; or
2.3.c. Present a threat to the safety and
				security of any water supply, including information concerning water supply
				vulnerability assessments.
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 60-07 - Confidential Information Under Water Resources Protection Act › Section 60-7-3 - Claim of Confidentiality

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
				Time When Made. Any person required to submit information to the Secretary
				pursuant to the Act, which such person believes in good faith to constitute
				confidential information, may assert a confidentiality claim in accordance with
				this rule. Such claim must be made as soon as practicable, but no later than
				ten (10) days from the date the information was submitted. If a claim of
				confidentiality is not made within ten (10) days of submission, the Secretary
				may make the information available to the public without further
				notice.
3.2. Submission of
				Information Claimed Confidential.
3.2.a.
				Confidential Information - Hardcopy Submissions. All information that is
				claimed to be confidential and which is submitted in hardcopy form must be
				submitted on colored paper in order to readily identify such information. The
				claimant must mark each page containing confidential information "CONFIDENTIAL
				COPY." The claimant must clearly underscore or highlight by shading the text
				all information in the confidential copy that the claimant asserts to be
				confidential in a manner that will be clearly visible on photocopies of the
				confidential copy.
3.2.b. Redacted
				Submission of Information Claimed Confidential for Public Disclosure. For each
				hardcopy submission of information, any portion of which is claimed
				confidential, a complete set of the information must be submitted
				simultaneously on uncolored paper with the information claimed to be
				confidential redacted, and with the words "REDACTED COPY" marked clearly on
				each page, so that a set of information is suitable for public disclosure and
				provides notice to the public that a claim of confidentiality has been
				made.
3.2.c. Confidential
				Information - Electronic Submissions. For electronic submissions containing
				information claimed confidential, the claimant must submit a cover document and
				written justification as required under subsection 3.3, regardless of whether
				that document is submitted in electronic or hardcopy form. Upon the request of
				the Secretary, the claimant must submit a redacted form of the
				information.
3.2.d. The claimant
				may assert that multiple pieces of data, which do not individually qualify as
				confidential information, could be pieced together to form confidential
				information if made publicly available. The Secretary will assess such "mosaic
				effect" claims on a case-by-case 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 60-07 - Confidential Information Under Water Resources Protection Act › Section 60-7-4 - Determination of Confidentiality

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. In the course of making a determination
				of confidentiality, the Secretary will consider the following criteria in
				addition to the required justification under subdivision 3.3.b.
4.1.a. The claim of confidentiality has not
				expired by its terms, nor been waived or withdrawn;
4.1.b. The claimant has satisfactorily shown
				that it has taken reasonable measures, and intends to continue taking such
				measures, to prevent disclosure of the information to others;
4.1.c. The information claimed confidential
				is not, and has not been, reasonably obtainable without the claimant's consent
				by other persons (other than governmental bodies) by use of legitimate means;
				for example, the information is not contained in materials which are routinely
				available to the general public, including without limitation material in
				administrative or judicial proceedings/decisions, press releases, copies of
				speeches, pamphlets and educational materials;
4.1.d. The extent to which the information
				has been disclosed to others and whether it was disclosed to other persons
				either by the claimant (except in a manner which protects the confidentiality
				of the information) or without the consent of the claimant (other than by
				subpoena or by discovery based on a showing of special need in a judicial
				proceeding, arbitration, or other proceeding in which the claimant was required
				to disclose the information to such other persons, as long as the information
				has not become available to persons not involved in the proceeding), and the
				precautions taken to prevent further disclosure;
4.1.e. If the Secretary, United States
				Environmental Protection Agency or any other agency has previously made a
				confidentiality determination relevant to the pending confidentiality claim,
				copies of all such confidentiality determinations; and
4.1.f. No law, regulation or order by a court
				or other tribunal of competent jurisdiction specifically requires disclosure of
				the information or provides that the information is not confidential
				information.
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 60-07 - Confidential Information Under Water Resources Protection Act › Section 60-7-5 - Appeal of Confidentiality Determination

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Any person adversely affected by a
				determination regarding confidential information under the Act may appeal the
				determination to the appropriate circuit court pursuant to the provisions of W.
				Va. Code §
									29A-5-1
				et seq. Pursuant to W. Va. Code §
									29A-5-4(b),
				an appeal must be filed within thirty (30) days after the date upon which the
				aggrieved person received notice of the final decision of the Secretary. The
				filing of a timely notice of appeal will stay any determination to disclose
				confidential information pending a final decision on appeal. The scope of
				review is limited to the question of whether the portion of the records,
				reports, data or other information sought to be deemed confidential, inspected
				or copied is entitled to be treated as confidential under the Act. The
				Secretary will take all measures to afford evidentiary protection in appeals as
				necessary to protect the confidentiality of the information at issue, including
				the use of in camera proceedings and the sealing of records when
				appropriate.
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 60-07 - Confidential Information Under Water Resources Protection Act › Section 60-7-6 - Treatment of Confidential and Asserted Confidential Information

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Handling of
				confidential material by authorized personnel. Only those WVDEP persons whose
				activities necessitate access to information for which a confidentiality claim
				has been made may open and handle any envelope or file which is marked
				"CONFIDENTIAL."
6.2. Storage of
				records. The WVDEP will store any records containing confidential or asserted
				confidential information only in secure rooms, provided that if such records
				are in a form which is not amenable to such storage, the WVDEP will store such
				records in a manner which similarly restricts access by persons to whom
				disclosure of the confidential information in question is restricted. With
				regard to confidential electronic data, the WVDEP will take every reasonable
				precaution to safeguard the integrity of the data.
6.3. Confidential information clearly
				identified. Any records made, possessed, or controlled by the WVDEP and
				containing confidential or asserted confidential information, will contain
				indicators clearly identifying the confidential or asserted confidential
				information.
6.4. Record of persons
				accessing confidential information. The WVDEP will maintain a record of all
				persons obtaining access to confidential or asserted confidential information,
				including the date and time of, and the reasons for, the access.
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 60-07 - Confidential Information Under Water Resources Protection Act › Section 60-7-7 - Release of Confidential Information To Other Governmental Entities

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Information
				designated as confidential may be released to governmental entities, their
				employees and agents when compiling and analyzing survey and registration
				information and as may be necessary to develop the legislative report required
				by the Act or to develop water resources plans. Any governmental entity or
				person requesting information designated as confidential must, prior to
				receiving such information, complete the "Description of Intent" form attached
				as Appendix A to this rule and agree to be bound by the terms of the
				"Non-Disclosure Agreement" attached as Appendix B to this rule. Any
				governmental entity or person receiving information designated confidential
				will take appropriate measures to safeguard such information and to protect
				against its improper disclosure.
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 60-07 - Confidential Information Under Water Resources Protection Act › Section 60-7-8 - Use of Confidential Material by the Secretary

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. A claim of confidentiality will in no
				way limit the Secretary in the exercise of his or her powers or duties under
				the West Virginia Code or any rule promulgated thereunder.
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 60-07 - Confidential Information Under Water Resources Protection Act › Appendix A

Current through Register Vol. XLI, No. 28, July 12, 2024
West Virginia Department of Environmental
				  Protection
Description of Intent
Pursuant to the Water Resources Protection Act, W. Va. Code
				  §
									22-26-1
				  to
				  22-26-6,
				  (the "Act"), the WVDEP may release confidential information to governmental
				  entities, their employees and agents when compiling and analyzing survey and
				  registration information and as may be necessary to develop the legislative
				  report required by the Act or to develop water resources plans.
All requesters of confidential information must read and
				  agree to be bound by the terms of the attached Non-Disclosure Agreement.
Requesters of confidential information must provide in
				  writing their reason(s) for requesting this information and provide specific
				  account of the manner in which the information will be used and for what
				  purpose(s). The requester must understand fully, and agree to be bound by the
				  limits placed upon the use, reproduction, and dissemination of the information
				  under the terms and conditions of the Non-Disclosure Agreement.
__________________________________________________________
Description of Intent
Information Requested
Reason for Requesting Information (attach additional pages if
				  necessary)
Name of Requester
Company/Institution
Project Title
Project Leader
Funding Source
Project Address
Contact Telephone
Contact Fax
Contact E-mail
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 60-8-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule establishes the eligibility, procedures, standards and legal
				documents required for establishing a voluntary environmental excellence
				program.
1.2. Authority. -- W. Va.
				Code §
									22-25-4.
1.3. Filing Date. -- April 4, 2008.
1.4. Effective Date. -- July 1,
				2008.
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 60-8-3 - Purpose and Goals

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The
				purpose of this rule is to establish an environmental excellence program that
				promotes, rewards, and encourages superior environmental performance and
				enhanced public involvement.
3.2.
				Eligible facilities may participate at one of three levels: Bronze Leaf, Silver
				Leaf, and Gold Leaf. The level of participation and the incentives granted are
				based on the facility's environmental management system, environmental
				performance goals, and public involvement.
3.3. Nothing in this rule authorizes any
				violation of federal and/or state law, rule, regulation, and/or
				legislation.
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 60-8-4 - Eligibility Criteria for Participation

Current through Register Vol. XLI, No. 28, July 12, 2024
Environmental excellence program applicants must meet the
				  following eligibility criteria that may include, but will not be limited to,
				  the following:
4.1. Bronze Leaf
				environmental excellence program applicants must:
4.1.a. Have documentation of a proven
				environmental performance record;
4.1.b. Develop and implement an environmental
				management system within one year of acceptance into the program;
4.1.c. Develop and implement one
				environmental performance goal within one year of acceptance into the program
				and two additional environmental performance goals within three years of
				acceptance into the program;
4.1.d.
				Develop and implement a plan for public participation within one year of
				acceptance into the program;
4.1.e.
				Prepare and submit an annual performance report; and,
4.1.f. Authorize the department to conduct
				annual facility visitations.
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 60-8-5 - Environmental Performance Record

Current through Register Vol. XLI, No. 28, July 12, 2024
Environmental excellence program applicants and environmental
				  excellence program members must meet the following environmental performance
				  record requirements that may include, but will not be limited to, the
				  following:
5.1. All persons, who
				operate a facility in West Virginia, are eligible to seek entry into the
				environmental excellence program and/or retain environmental excellence program
				designation, and are required to demonstrate compliance with all environmental
				laws by having documentation of a proven environmental performance record. A
				facility has a proven record of compliance with environmental laws if none of
				the following criminal, civil, or administrative actions apply to the facility
				or its employees:
5.1.a. Criminal actions.
5.1.a.1. Corporate criminal conviction or
				plea for felony violations of environmental laws involving the corporation
				and/or corporate officer within the past five (5) years preceding the filing of
				the initial environmental excellence program application;
5.1.a.2. Corporate criminal conviction or
				plea for misdemeanor violations of environmental laws involving the corporation
				and/or corporate officer within the past three (3) years preceding the filing
				of the initial environmental excellence program application;
5.1.a.3. Criminal conviction or plea of
				employee at the same facility for violations of environmental laws within the
				past five (5) years preceding the filing of the initial environmental
				excellence program application;
5.1.a.4. Ongoing criminal investigation
				and/or prosecution of corporation, corporate officer, and/or employee at the
				same facility for violations of environmental laws; and,
5.1.a.5. Responsibility of a corporation,
				corporate officer, and/or employee, as determined by a court of appropriate
				jurisdiction, for an illegal action that caused substantial endangerment to the
				public health, safety, and/or welfare and/or to the environment.
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 60-8-6 - Environmental Management System

Current through Register Vol. XLI, No. 28, July 12, 2024
Environmental excellence program applicants and environmental
				  excellence program members must meet the following environmental management
				  system requirements that may include, but will not be limited to, the
				  following:
6.1. Environmental
				excellence program applicants and environmental excellence program members must
				demonstrate conformance to environmental management system requirements
				through:
6.1.a. Registration or certification
				to an environmental standard, such as ISO 14001 or equivalent, as approved by
				the secretary; or,
6.1.b. Bronze
				Leaf environmental excellence program designation that includes a commitment to
				the development, implementation, and management of an environmental management
				system, by a date provided by the applicant and approved by the secretary, that
				must operate in accordance with a one-year environmental management system
				cycle as evidenced by an environmental management system audit; and, after one
				year in the environmental excellence program, already have developed,
				implemented, and managed an environmental management system; or,
6.1.c. Silver Leaf environmental excellence
				program designation that includes already developed, implemented, and managed
				environmental management systems, that operate in accordance with a one-year
				environmental management system cycle as evidenced by an environmental
				management system audit; or,
6.1.d.
				Gold Leaf environmental excellence program designation that includes already
				developed, implemented, and managed environmental management systems, that
				operate in accordance with a one-year environmental management system cycle as
				evidenced by an environmental management system audit.
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 60-8-7 - Environmental Performance Goals

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The applicant must propose environmental
				performance goals that it intends to implement and achieve for the achievement
				of superior environmental performance. Environmental performance goals may be
				achieved through the implementation of environmental management programs,
				capital improvement projects, or other discernable programs.
7.2. The applicant must describe the program
				or project that it intends to implement to achieve superior environmental
				performance.
7.3. The applicant
				must quantify the environmental performance goals that the proposed program or
				project must achieve in terms of numerical standards or percent
				reductions.
7.4. The proposal must
				include objective standards by which the environmental performance goal must be
				monitored, measured, and evaluated with respect to the environmental
				performance baseline.
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 60-8-8 - Public Participation

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1.
				Environmental excellence program applicants and environmental excellence
				program members must demonstrate public participation through the development,
				implementation, and management of a public participation plan to ensure that
				the environmental performance goals are understood and supported.
8.2. Environmental excellence program
				applicants and environmental excellence program members must develop a public
				participation plan that may include, but will not be limited to, the following:
8.2.a. Identifies and assesses issues and
				concerns of the public that are affected by an environmental management
				program, capital improvement project, other discernable program, issue, or
				long-term plan;
8.2.b. Defines
				objectives of environmental excellence program member involvement effort that
				broadly addresses public concerns as well as planning and environmental
				management program, capital improvement project, or other discernable program
				development goals, where the objectives must guide the outreach activities and
				can be established as part of the initial phase of public participation
				activities and usually do not change over the course of the effort;
8.2.c. Identifies pertinent public
				participation activities; including development, implementation, and management
				of a community advisory panel; that considers the target audience, intended
				message, and any environmental excellence program member budget
				constraints;
8.2.d. Evaluates
				environmental excellence program member efforts based on achievement of
				environmental excellence program member objectives with well designed
				milestones during the public participation process, and understands that issues
				and concerns change over time and that the environmental excellence program
				member public participation plan should reflect those changes; and,
8.2.e. Distributes annual performance report
				to the public on an annual basis as specified under subsection 14.6.