West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-10 - Office Of Environmental Advocate › Section 38-10-4 - Powers and Limitations

Current through Register Vol. XLI, No. 28, July 12, 2024
The Environmental Advocate will carry out the duties of the
				  position as set forth in this rule, and as prescribed by the Director in
				  accordance with the following:
4.1.
				The Environmental Advocate will have direct access to the Director and may
				direct inquiries to and receive responses from the Director's executive staff
				and the Chief of each Office as necessary to carry out the duties of the
				position. The Environmental Advocate will also have access to technical
				information and be provided with technical assistance from DEP staff as
				necessary to carry out the duties of the Office. The Environmental Advocate
				will not request any information which is confidential, i.e., personnel
				records, corporate or trade secrets protected by statute, work product, etc.,
				except as authorized by the Director. Any confidential information acquired by
				or in the possession of the Environmental Advocate will be kept in confidence,
				and the Environmental Advocate is subject to all statutes and regulations
				protecting such information from unlawful disclosure.
4.2. The Environmental Advocate
may
consult with and request information from other
				agencies of state or federal government, as necessary to carry out the duties
				of the position.
4.3. The
				Environmental Advocate may make accessible to the public any information
				requested except confidential information as described in subsection 4.1 of
				this section.
4.4. The
				Environmental Advocate may attend open meetings, hearings, proceedings, etc.,
				as necessary to carry out the duties of the position.
4.5. The Environmental Advocate may take such
				actions as deemed appropriate on behalf of any person,
provided,
That such action is lawful and is not in conflict
				with subsections 4,9 and 4.10 of this section.
4.6. The Environmental Advocate may provide
				advice and counsel to any person as necessary to carry out the duties of the
				position.
4.7. The Environmental
				Advocate will in cooperation with the Public Information Office prepare and/or
				distribute correspondence, documents, records, reports, etc., as appropriate
				and necessary to carry out the duties of the position.
4.8. The Environmental Advocate will be
				guided in all actions by the policy statement and the nine purposes set forth
				in West Virginia Code §
									22-1-1(b).
4.9. The Environmental Advocate may not in
				any official capacity represent any person in, or file on behalf of any person,
				legal or quasi-legal actions, either in support of or opposed to the Division
				of Environmental Protection without the expressed approval of the Director, and
				under the supervision of the Division of Environmental Protection's General
				Counsel.
4.10. The Environmental
				Advocate may not in any official capacity organize public campaigns in support
				of, or in opposition to official positions taken by the Division of
				Environmental Protection on environmental matters, and will not in any official
				capacity actively participate in any such organized campaign.