reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 53 - Public Energy Authority › Title 53 - LEGISLATIVE RULE PUBLIC ENERGY AUTHORITY › Series 53-03 - Rules And Procedures For The exercise Of The powers Of eminent domain For qualified projects › Section 53-3-7 - Approval of Acquiring Entity's Application

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1.
				The Board may approve or deny an acquiring entity's application for the Board to
				proceed with consideration of the Board's exercise of the right of eminent
				domain. Upon the affirmative vote of a majority of all of the members of the
				Board, the Board may grant approval to continue consideration of the acquiring
				entity's request if the Board shall be fully and completely satisfied:
7.1.1. The the project is one approved by the
				Board as consistent with the purposes of the Act;
7.1.2. That all reasonable efforts have been
				made to acquire the real property or interest in real property by the acquiring
				entity without success;
7.1.3. That
				there are no reasonable alternatives which are economically or physically
				consistent with the best interests of the qualified project; and
7.1.4. That any further attempts at
				negotiations between the acquiring entity and the owners may jeopardize the
				timely completion of the qualified project.
West Virginia Code of State Rules › Agency 53 - Public Energy Authority › Title 53 - LEGISLATIVE RULE PUBLIC ENERGY AUTHORITY › Series 53-03 - Rules And Procedures For The exercise Of The powers Of eminent domain For qualified projects › Section 53-3-8 - Prerequisites to Authority's Approval of Eminent Domain Power

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. The Authority shall prepare a written
				statement of the following:
8.1.1. A statement
				of the nature of the proposed project.
8.1.2. A summary of the data supporting the
				Board's determination to continue to consider the exercise of the right of
				eminent domain with regard to particular project.
8.1.3. A description and location
				identification of the proposed real property, right-of-way or easement to be
				acquired.
8.1.4. The environmental
				impact statement of assessment required pursuant to W. Va. Code
				'5D-1-5(34).
West Virginia Code of State Rules › Agency 53 - Public Energy Authority › Title 53 - LEGISLATIVE RULE PUBLIC ENERGY AUTHORITY › Series 53-03 - Rules And Procedures For The exercise Of The powers Of eminent domain For qualified projects › Section 53-3-9 - Special Notice of Meetings at Which the Exercise of Eminent Domain will be Finally Considered

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Any person
				desiring notice of a meeting of the Board regarding its exercise of the right of
				eminent domain may make a written request to the Board to be notified of such
				meeting. The request should state which particular project the person has an
				interest.
9.2. In addition to the
				meeting notice requirements compiled in 53 CSR 2, Procedure for Providing Notice
				of Meetings, notice shall be provided in the following manner for all regular or
				special meetings at which the exercise of the right of eminent domain will be
				finally considered.
9.2.1. The Chairperson shall
				cause a notice of the meeting to be published as a class II legal advertisement
				in compliance with W. Va. Code '59-3-1 et seq. The notice shall state the time,
				place and purpose of the meeting and the notice shall be published in each county
				in which the project is located.
9.2.2. The Chairperson shall cause a written
				notice of the meeting to be delivered by regular United States mail to any person
				who has previously made a request in accordance with section 9.1. Such notice
				shall be sent in advance of the meeting so that the notice is delivered prior to
				the meeting date.
West Virginia Code of State Rules › Agency 53 - Public Energy Authority › Title 53 - LEGISLATIVE RULE PUBLIC ENERGY AUTHORITY › Series 53-03 - Rules And Procedures For The exercise Of The powers Of eminent domain For qualified projects › Section 53-3-10 - Exercising the Right of Eminent Domain

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. The
				Authority may exercise its right of eminent domain only after the acquiring
				entity has complied with this rule, and upon the affirmative vote of a majority
				of all of the members of the Board.
10.2. The Authority may exercise the right of
				eminent domain only in a manner consistent with the provisions of the West
				Virginia Constitution Article III, '9 and in accordance with the applicable
				provisions of W. Va. Code ''5D-1-1 et seq., 54-1-1 et seq., 54-2-1 et seq. and
				54-3-1 et seq.
West Virginia Code of State Rules › Agency 53 - Public Energy Authority › Title 53 - LEGISLATIVE RULE PUBLIC ENERGY AUTHORITY › Series 53-04 - Rules And procedure For application For And environmental assessment Of projects seeking qualifications For PEA's Assistance › Section 53-4-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This rule includes special
				notice and public hearing provisions and establishes cost allocations for
				application and environmental assessment of proposed projects seeking assistance
				from the Public Energy Authority.
1.2. Authority. -- W. Va. Code
				'5D-1-5(34)
1.3. Filing Date. -- June
				10, 1993
1.4. Effective Date. -- June
				10, 1993
West Virginia Code of State Rules › Agency 53 - Public Energy Authority › Title 53 - LEGISLATIVE RULE PUBLIC ENERGY AUTHORITY › Series 53-04 - Rules And procedure For application For And environmental assessment Of projects seeking qualifications For PEA's Assistance › Section 53-4-2 - Purpose

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Purpose. -- The purpose of this regulation
				is to establish the Authority's application and review process including
				assessment of the effects of applicant project upon the environment. These
				regulations are promulgated to implement the application procedure required by
				the Authority for all proposed projects which seek financial or other assistance
				from the agency. The regulations are designed to insure compliance with all state
				and federal regulations relative to the environment applicable to any proposed
				project and that each application be subject to a public hearing in one of the
				counties in which the project will be located. The regulation further states that
				projects which are required under federal law to submit an environmental impact
				statement under the National Environmental Policy Act of 1969, as amended, may
				submit such environmental impact statement in lieu of the environmental
				assessment requirements of this regulation. Further the regulation provides that
				any individual or entity filing an application for qualification as a qualified
				project shall pay all costs incurred by the PEA related to the application
				process.
West Virginia Code of State Rules › Agency 53 - Public Energy Authority › Title 53 - LEGISLATIVE RULE PUBLIC ENERGY AUTHORITY › Series 53-04 - Rules And procedure For application For And environmental assessment Of projects seeking qualifications For PEA's Assistance › Section 53-4-4 - Application and Environmental Assessment for Authority's Assistance

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Any applicant for the Public Energy
				Authority assistance for any proposed project qualified for consideration under
				the Public Energy Act of 1985, as amended, shall file an application with the
				Authority in the form prescribed by the Authority: Provided, however that any
				project which is required under federal law to submit an environmental impact
				statement under the National Environmental Policy Act of 1969, as amended, may
				submit such environmental impact statement in lieu of the environmental
				assessment requirements of this regulation. The application shall include the
				following information:
a. An inventory of
				existing environmental conditions at the proposed project site and the immediate
				area which will address the requirements of subsection "b" hereof. The term
				"project site" shall be construed to include, in addition to the physical site of
				the project itself, all appurtenances to the same, including but not limited to
				highways, rail lines, electric transmission lines, natural gas pipelines, water
				and/or sewer lines or other utilities to or from the project, and other areas
				which will be modified, improved, disturbed or affected by the project, and are
				collectively referred to as, "the facilities".
b. A complete description of the proposed
				project including:
(a) its purpose, size, use,
				location, cost, production capacity and routes of existing or proposed highways,
				rail lines, electric transmission lines or gas pipelines, and
(b) the methods of construction.
c. Identification of the real
				property, right of way or easement to be acquired.
d. A list of all licenses, permits or other
				approvals required by any governmental units.
e. Detailed information as to the need for the
				project and facts concerning alternative sites considered by the
				project.
f. An assessment of the
				probable effects of the proposed project upon the natural environment of the
				area, its scenic or natural beauty, rare or irreplaceable natural resources or
				unique historic sites.
g. Plans for
				minimizing any adverse environmental effects.
h. An evaluation of the demand for the
				project's production, the total number of employees anticipated both during
				construction and upon full operation.
West Virginia Code of State Rules › Agency 53 - Public Energy Authority › Title 53 - LEGISLATIVE RULE PUBLIC ENERGY AUTHORITY › Series 53-04 - Rules And procedure For application For And environmental assessment Of projects seeking qualifications For PEA's Assistance › Section 53-4-5 - Notice to Public in Counties in Which Project Located

Current through Register Vol. XLI, No. 28, July 12, 2024
Upon receipt of an application, the Authority shall have a copy of such application available for public inspection at the office of the county clerk at the county courthouse of and at least one public library in each county in which the proposed project will be located.
West Virginia Code of State Rules › Agency 53 - Public Energy Authority › Title 53 - LEGISLATIVE RULE PUBLIC ENERGY AUTHORITY › Series 53-04 - Rules And procedure For application For And environmental assessment Of projects seeking qualifications For PEA's Assistance › Section 53-4-6 - Request for Supplemental Information or Data

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1.
				After initial review by the Authority with the assistance of the relevant
				governmental agencies or departments, the Authority may require specific
				information to supplement the initial application. Upon request for such
				additional information, the Authority shall require its submission within such
				reasonable time as may be determined by the Authority.
West Virginia Code of State Rules › Agency 53 - Public Energy Authority › Title 53 - LEGISLATIVE RULE PUBLIC ENERGY AUTHORITY › Series 53-04 - Rules And procedure For application For And environmental assessment Of projects seeking qualifications For PEA's Assistance › Section 53-4-7 - Review by Counsel and Assistance of Appropriate Governmental Agencies

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Upon receipt of the initial application,
				the PEA with the assistance of its general counsel and all other appropriate
				governmental departments and agencies shall insure that the proposed project:
a. Conforms with and meets all applicable air,
				water, noise and solid waste laws of the State as determined by issuance of
				permits, certifications or other evidence of approval in writing by the
				appropriate state and federal agencies or departments with jurisdiction over
				these laws;
b. Conforms with the
				State development plan, if such plan has been lawfully approved and adopted as
				evidenced by a certification or approval in writing by such agency or office
				charged with oversight of such plan(s).
West Virginia Code of State Rules › Agency 53 - Public Energy Authority › Title 53 - LEGISLATIVE RULE PUBLIC ENERGY AUTHORITY › Series 53-04 - Rules And procedure For application For And environmental assessment Of projects seeking qualifications For PEA's Assistance › Section 53-4-8 - Public Hearing on Application

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Not more than
				ninety (90) days after application is completed, the Authority shall hold at
				least on (1) public hearing in one (1) of the counties in which the facility or
				any part of it is situated to solicit the views of the public about the proposed
				project. Prior to the hearing the Authority shall make the application available
				to the public. In addition, any comments on the application by the Authority or
				any other state department, any proposed permits to be issued by any state agency
				or department to the applicant including any conditions proposed by such agency
				or department prior to granting such permits, and any other pertinent information
				shall be made available to the public prior to hearing. The Authority shall
				provide notice of the public hearing on the application in accordance with W. Va.
				Code '5F-1-5b (1990) and the Authority's regulations on notice and public
				hearings.
West Virginia Code of State Rules › Agency 53 - Public Energy Authority › Title 53 - LEGISLATIVE RULE PUBLIC ENERGY AUTHORITY › Series 53-04 - Rules And procedure For application For And environmental assessment Of projects seeking qualifications For PEA's Assistance › Section 53-4-9 - Criterion for Approval of Proposed Project's Application

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Not more than ninety (90) days after the
				public hearing is completed, the Authority shall issue its final decision on the
				project's application. In reaching a decision, the Authority shall consider
				whether:
a. The proposed project evidences fewer
				undesirable environmental, economic and cultural consequences in the specific
				proposed location of the project and the proposed location of its highways, rail
				lines, electric transmission lines or natural gas pipelines route than
				alternative specific locations; and
b. Whether the proposed project would have a
				positive and beneficial effect upon the economy and employment.
West Virginia Code of State Rules › Agency 53 - Public Energy Authority › Title 53 - LEGISLATIVE RULE PUBLIC ENERGY AUTHORITY › Series 53-05 - Rule to Petition the Public Energy Authority for Approval of Decommissioning or Deconstruction Activities Related to Any Coal, Oil, or Natural Gas Fueled Power Plant › Section 53-5-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope -- The
				following rule governs the petitioning of the Public Energy Authority for
				approval of decommissioning or deconstruction activities for any coal, oil, or
				natural gas fueled power plant and sets forth the requirements and
				administrative procedure for that process.
1.2. Authority -- W. Va. Code §
									5D-1-5c(c).
1.3. Filing Date -- June 17, 2024
1.4. Effective Date - June 17, 2024
1.5. Sunset Provision - This rule shall
				terminate and have no further force or effect on August 1, 2029.
West Virginia Code of State Rules › Agency 53 - Public Energy Authority › Title 53 - LEGISLATIVE RULE PUBLIC ENERGY AUTHORITY › Series 53-05 - Rule to Petition the Public Energy Authority for Approval of Decommissioning or Deconstruction Activities Related to Any Coal, Oil, or Natural Gas Fueled Power Plant › Section 53-5-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Alternative
				fuel source" means a source of fuel other than coal, oil, or natural gas;
				Provided, that current coal plants may consider natural gas an alternative
				fuel.
2.2. "Authority" means the
				West Virginia Public Energy Authority, as established in W. Va. Code §
									5D-1-1
et
				seq.
2.3. "Chair" means
				the Chair of the West Virginia Public Energy Authority.
2.4. "Decommissioning activities" means any
				activity that removes from service or facilitates, furthers, or otherwise
				prepares for the removal from service, any coal, oil, or natural gas fueled
				power plant.
2.4.1. "Decommissioning
				activities" does not include any regulatory action before the Public Service
				Commission of West Virginia ("PSC") or the PJM Interconnection initiated by the
				Petitioner in anticipation of filing a Petition under this rule.
West Virginia Code of State Rules › Agency 53 - Public Energy Authority › Title 53 - LEGISLATIVE RULE PUBLIC ENERGY AUTHORITY › Series 53-05 - Rule to Petition the Public Energy Authority for Approval of Decommissioning or Deconstruction Activities Related to Any Coal, Oil, or Natural Gas Fueled Power Plant › Section 53-5-3 - Eligibility to petition for decommissioning or deconstruction activities; Exempt from rule

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
				Petitioners shall meet the following requirements prior to petitioning the
				Authority for approval to undertake decommissioning or deconstruction
				activities:
3.1.1. If Petitioner is a utility,
				regulated by the PSC, it shall first obtain approval from the PSC on
				Petitioner's planned decommissioning or deconstruction activities, in
				accordance with W. Va. Code §
										24-1-1
et seq.
,
				W. Va. Code §
										24-2-5, and W. Va. Code §
										24-2-21a(a).
3.1.2. If the Facility is connected to the
				PJM Interconnection, Petitioner shall obtain a deactivation analysis in
				compliance with PJM Manual 14D, Section 9: Generator Deactivations.
3.1.3. The Facility shall be in material
				compliance with all applicable local, state, and federal regulations.
3.1.4. Petitioner provides notice to the West
				Virginia Department of Environmental Protection ("DEP") of its intent to
				undertake decommissioning or deconstruction activities and requests from the
				DEP a pre-closure inspection to identify areas of concern.
West Virginia Code of State Rules › Agency 53 - Public Energy Authority › Title 53 - LEGISLATIVE RULE PUBLIC ENERGY AUTHORITY › Series 53-05 - Rule to Petition the Public Energy Authority for Approval of Decommissioning or Deconstruction Activities Related to Any Coal, Oil, or Natural Gas Fueled Power Plant › Section 53-5-4 - Notice

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Petitioners
				shall file a Notice of Decommissioning or Deconstruction Activities ("Notice")
				with the Authority prior to Petitioning for approval of decommissioning or
				deconstruction activities.
4.2. The
				Notice shall include:
4.2.1. The name and
				physical address of the Facility.
4.2.2. The name, address, and telephone
				number of each owner and operator of the Facility.
4.2.3. The nameplate statistics for the
				Facility, including the fuel source, capacity, net capacity factor, and carbon
				emissions.
4.2.4. The PSC's order
				approving decommissioning or deconstruction activities, if
				applicable.
4.2.5. The Deactivation
				Analysis performed by PJM, if applicable.
4.2.6. A summary of the proposed
				decommissioning or deconstruction activities and the commencement date of those
				activities.
4.2.7. A statement
				explaining the need for decommissioning or deconstruction activities.
4.2.8. The Facility's estimated
				life-expectancy when it was constructed, and the Facility's estimated
				life-expectancy as of the date of the Petition.
4.2.9. The name, address, and telephone
				number of the proposed third-party evaluator.
4.2.9.a. Petitioners shall include supporting
				justifications for their selection of the third-party evaluator, including but
				not limited to experience, industry qualifications, and professional
				associations.
West Virginia Code of State Rules › Agency 53 - Public Energy Authority › Title 53 - LEGISLATIVE RULE PUBLIC ENERGY AUTHORITY › Series 53-05 - Rule to Petition the Public Energy Authority for Approval of Decommissioning or Deconstruction Activities Related to Any Coal, Oil, or Natural Gas Fueled Power Plant › Section 53-5-5 - Petition Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				Each petition shall include the following minimum requirements:
5.1.1. An analysis by the third-party
				evaluator that evaluates, through objective quantitative and qualitative
				analysis, the social impact the decommissioning or deconstruction activities
				will have at a local and statewide level, including, but not limited to:
5.1.1.a. Other potential uses of the
				Facility, including the implementation of novel and green technologies or
				alternative fuel sources within the Facility.
5.1.1.b. Any actions to be taken by the
				Petitioner to prevent the Facility from becoming a nuisance or safety concern
				to the local community.
5.1.1.c.
				The impact on the local community's ability to support and maintain existing
				residents and businesses.
5.1.1.d.
				Any actions already taken by the Petitioner to offset any anticipated social
				impacts.
West Virginia Code of State Rules › Agency 53 - Public Energy Authority › Title 53 - LEGISLATIVE RULE PUBLIC ENERGY AUTHORITY › Series 53-05 - Rule to Petition the Public Energy Authority for Approval of Decommissioning or Deconstruction Activities Related to Any Coal, Oil, or Natural Gas Fueled Power Plant › Section 53-5-6 - Format and filing requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1.
				These format requirements apply to all Notices, Petitions, and Public Comments.
6.1.1. All filings shall be double
				spaced.
6.1.2. All filings shall be
				in 12-point, Times New Roman font.
6.1.3. All filings shall be justified and use
				1-inch margins.
West Virginia Code of State Rules › Agency 53 - Public Energy Authority › Title 53 - LEGISLATIVE RULE PUBLIC ENERGY AUTHORITY › Series 53-05 - Rule to Petition the Public Energy Authority for Approval of Decommissioning or Deconstruction Activities Related to Any Coal, Oil, or Natural Gas Fueled Power Plant › Section 53-5-7 - Public comment

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. A
				public comment period shall be a part of the petition process.
7.2. All public comments shall be filed
				within thirty (30) days of the date the Petition was published on the
				Authority's website.
7.3. Public
				comments may be filed by any interested person but shall prominently identify
				and be signed by the comment's proponent.
7.4. Public Comments shall relate only to the
				social, environmental, and economic impact of decommissioning or deconstruction
				activities.
7.5. Public Comments
				may be filed in the same manner as Notices and Petitions, as set forth in
				section 6.2. of this rule, or Public Comments may be filed electronically on
				the Authority's website.
7.5.1. For Public
				Comments filed under section 6.2. of this rule, one (1) copy of the Public
				Comment shall be filed with the Authority.
West Virginia Code of State Rules › Agency 53 - Public Energy Authority › Title 53 - LEGISLATIVE RULE PUBLIC ENERGY AUTHORITY › Series 53-05 - Rule to Petition the Public Energy Authority for Approval of Decommissioning or Deconstruction Activities Related to Any Coal, Oil, or Natural Gas Fueled Power Plant › Section 53-5-8 - Approval or denial of the Petition

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1.
				Prior to the Authority rendering its decision on the Petition, the Chair may
				request additional information from the Petitioner, any person or entity served
				a copy of the Notice under section 6.3. of this rule, or any other person or
				entity the Chair believes may have interest, information, or expertise related
				to the Petition.
8.1.1. The Chair shall
				request additional information on the Authority's behalf, including seeking an
				outside review of information submitted in the Petition.
8.1.2. The Authority's request for additional
				information will be published on the Authority's website.
8.1.3. The Petitioner is entitled to receive
				a copy of the additional information requested by the Authority, and the
				Petitioner may file a written response within thirty (30) days of receipt of
				the information.
8.1.4. The
				Authority shall make a decision on the Petition within one year after the
				submission of the Petition.
West Virginia Code of State Rules › Agency 53 - Public Energy Authority › Title 53 - LEGISLATIVE RULE PUBLIC ENERGY AUTHORITY › Series 53-05 - Rule to Petition the Public Energy Authority for Approval of Decommissioning or Deconstruction Activities Related to Any Coal, Oil, or Natural Gas Fueled Power Plant › Section 53-5-9 - Public document

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. All
				documents filed with the Authority for purposes governed by this rule are
				public documents, and Petitions will be published on the Authority's
				website.
9.2. A Petitioner may
				redact or withhold any confidential or proprietary information that the
				Petitioner cannot legally disclose. The Petitioner shall include with the
				petition a letter generally describing the nature of the information redacted
				or withheld and the legal justification for the redaction or withholding of the
				information.
9.2.1. The Authority may
				determine in executive session what additional information is exempt from
				public disclosure under the West Virginia Freedom of Information Act and may
				make any additional redactions prior to publishing the Petition on the
				Authority's website.
West Virginia Code of State Rules › Agency 53 - Public Energy Authority › Title 53 - LEGISLATIVE RULE PUBLIC ENERGY AUTHORITY › Series 53-05 - Rule to Petition the Public Energy Authority for Approval of Decommissioning or Deconstruction Activities Related to Any Coal, Oil, or Natural Gas Fueled Power Plant › Section 53-5-10 - Appeals

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. All
				proceedings in the appeal of the Authority's actions concerning a Petition or
				the proceedings therefore, and any judicial review thereof, shall be conducted
				in accordance with the provisions of §29A-5-1
et seq.
of
				this code and any procedural rules adopted pursuant thereto.
West Virginia Code of State Rules › Agency 54 - Solid Waste Management Board › Title 54 - LEGISLATIVE RULE SOLID WASTE MANAGEMENT BOARD › Series 54-01 - Disbursement Of Loans And Grants To Gov Agencies For Acquisition Or Construction Of Solid Waste Disposal Projects (Tech Cleanup 7/26/95) › Section 54-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- These legislative rules establish requirements governing disbursement of loans and grants to governmental agencies for the acquisition or construction of solid waste disposal projects.
1.2. Authority. -- W. Va. Code '22C-3-1et seq.
1.3. Filing Date. -- May 15, 1991.
1.4. Effective Date. -- June 17, 1991.
West Virginia Code of State Rules › Agency 54 - Solid Waste Management Board › Title 54 - LEGISLATIVE RULE SOLID WASTE MANAGEMENT BOARD › Series 54-01 - Disbursement Of Loans And Grants To Gov Agencies For Acquisition Or Construction Of Solid Waste Disposal Projects (Tech Cleanup 7/26/95) › Section 54-1-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
Except where the context indicates otherwise, the following terms as used in these rules shall have the meanings ascribed to them as set forth below.
2.1. General definitions.
2.1.1. The "Act" means W. Va. Code ' 22C-3-1 et seq.
2.1.2. "Applicant" means a governmental agency which applies for a loan or grant pursuant to the provisions of Section 3 or Section 4 of these rules.
2.1.3. The "Board" means the West Virginia Solid Waste Management Board, established pursuant to W. Va. Code ' 22C-3-4, or its authorized representatives.
2.1.4. The terms "cost", "governmental agency", "solid waste", "solid waste disposal facilities", "solid waste disposal project" and "project" as used in Sections 3 and 4 of these rules, shall have the meanings ascribed to them in the Act.
2.1.5. "Grant" means a disbursement of funds made by the Board to an applicant pursuant to Section 3 of these rules.
2.1.6. "Grant Agreement" means a signed document between the Board and the applicant pertaining to a grant and as more particularly described in Section 3.6 of these rules.
2.1.7. "Loan" means a disbursement of funds made by the Board to an applicant pursuant to Section 4 of these rules.
2.1.8. "Loan Agreement" means a signed document between the Board and the applicant pertaining to a loan and as more particularly described in Section 4.7 of these rules.
West Virginia Code of State Rules › Agency 54 - Solid Waste Management Board › Title 54 - LEGISLATIVE RULE SOLID WASTE MANAGEMENT BOARD › Series 54-01 - Disbursement Of Loans And Grants To Gov Agencies For Acquisition Or Construction Of Solid Waste Disposal Projects (Tech Cleanup 7/26/95) › Section 54-1-3 - Grants

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Eligibility for participation in grant program.
3.1.1. Governmental agencies eligible for participation in program. - A governmental agency or any combination thereof empowered to acquire, construct and equip solid waste disposal facilities shall be eligible to participate in the program.
3.1.2. Application for participation in program. - Any eligible governmental agency or any combination thereof which desires to participate in the program shall make a separate application to the Board on forms prescribed by the Executive Director of the Board for each project for which such participation is desired.
3.1.3. Acceptance of grant applications. - Subject to Section 3.6.1 of these rules, no application which is received by the Board shall be accepted until the applicant has satisfied the following conditions:
3.1.3.a. Delivered to the Board an agreement between the applicant and the Board providing for the construction, maintenance and operation of the project which is consistent with Section 3.7.1 of these rules, which has been authorized and approved by the legislative authority or authorities of the applicant and which has been executed by the applicant.
3.1.3.b. If required by the Board, provide a feasibility study prepared by a registered professional engineer and an independent certified public accounting firm demonstrating that the project is technically and financially feasible.
3.1.3.c. Provided certification that detailed plans, profiles, cross sections, estimates, specifications and such other requirements as are appropriate have been approved by all legally required agencies.
3.1.3.d. Provided written assurance that a properly certified operator will be employed upon completion of fifty percent (50%) of the project's construction.
3.1.4. Grants may be awarded for a maximum period of one year, provided that the Board may extend this period for up to sixty (60) days. Applicants should not depend on continued financing for long-term projects through this grant program.
3.1.5. Eligibility for participation in program if project should be combined with another project. - If the Board determines that a project for which application is made should be combined with another project or should serve governmental agencies not included as the applicant, the Board may delay the date upon which the project's priority is established in relation to other projects for which applications are received until such date as the project is expanded to include the additional project or projects or governmental agency or agencies.
West Virginia Code of State Rules › Agency 54 - Solid Waste Management Board › Title 54 - LEGISLATIVE RULE SOLID WASTE MANAGEMENT BOARD › Series 54-01 - Disbursement Of Loans And Grants To Gov Agencies For Acquisition Or Construction Of Solid Waste Disposal Projects (Tech Cleanup 7/26/95) › Section 54-1-4 - Loans

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Description of loans.
4.1.1. Source of loan funds. - The Board may obtain the funds with which to make loans from the proceeds of revenue bonds and notes issued from time to time by the Board pursuant to the Act, or the Board may obtain funds from other permitted sources to make such loans.
4.1.2. Evidence of and security for loans. - The loans shall be evidenced by a note or other debt instruments issued by applicants at a discount to reflect the costs the Board incurred in issuing its obligations to provide the funds to make the loans, and other costs related to financing such projects, and shall be secured by a pledge of the fees, charges and all other revenues of the projects to be constructed, in whole or in part, with the proceeds of the loans and any other collateral required by the Board.
4.1.3. Amount of loan. - Each loan shall be in an amount which shall cover all costs of the project to be constructed by the applicant for which funds from the aforesaid grant or other sources are not available.
West Virginia Code of State Rules › Agency 54 - Solid Waste Management Board › Title 54 - LEGISLATIVE RULE SOLID WASTE MANAGEMENT BOARD › Series 54-02 - The Establishment Of Fee Schedule And Cost Allocations Applicable To The Issuance Of Bonds By The Wast Virginia Solid Waste Management Board › Section 54-2-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- These legislative rules establish fee schedules and cost allocations applicable to the issuance of bonds by the West Virginia Solid Waste Management Board.
1.2. Authority. -- W. Va. ' 22C-3-1et seq.
1.3. Filing Date. -- May 15, 1991.
1.4. Effective Date. -- June 17, 1991.
West Virginia Code of State Rules › Agency 54 - Solid Waste Management Board › Title 54 - LEGISLATIVE RULE SOLID WASTE MANAGEMENT BOARD › Series 54-02 - The Establishment Of Fee Schedule And Cost Allocations Applicable To The Issuance Of Bonds By The Wast Virginia Solid Waste Management Board › Section 54-2-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
All terms used herein shall, unless the context indicates otherwise, have the meanings ascribed to them as set forth below.
2.1. General definitions.
2.1.1. The "Act" means W. Va. Code '22C-3-1 et seq.
2.1.2. "Applicant" means a governmental agency which applies for a loan from the Board for the purpose of obtaining funds to pay the cost of the acquisition, construction and/or equipping of a solid waste disposal facility.
2.1.3. The "Board" means the West Virginia Solid Waste Management Board, established pursuant to W.Va. Code '22C-3-4, or its authorized representatives.
2.1.4. The terms "cost," "governmental agency" and "solid waste disposal facilities," as used in these rules, shall have the meanings ascribed to them in the Act.
West Virginia Code of State Rules › Agency 54 - Solid Waste Management Board › Title 54 - LEGISLATIVE RULE SOLID WASTE MANAGEMENT BOARD › Series 54-02 - The Establishment Of Fee Schedule And Cost Allocations Applicable To The Issuance Of Bonds By The Wast Virginia Solid Waste Management Board › Section 54-2-3 - Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
The Board shall be entitled to receive Fees for originating loans to governmental agencies for the purpose of providing funds for the acquisition, construction and equipping of solid waste disposal projects as set forth below.
3.1. Origination Fee. -- Each governmental agency or any combination thereof obtaining a loan from the Board for the purpose of constructing, acquiring and/or equipping a solid waste disposal facility shall pay to the Board an origination fee equal to one-quarter (1/4) of one percent (1%) of the original principal amount of the loan, such fee to be deducted from gross loan proceeds and retained by the Board at the time of closing of the loan.
3.1.1. Waiver or reduction of origination fee. -- The origination fee may be waived or reduced by the Board if the Board decides that the origination fee is not needed for the payment of operating expenses of the Board.
West Virginia Code of State Rules › Agency 54 - Solid Waste Management Board › Title 54 - LEGISLATIVE RULE SOLID WASTE MANAGEMENT BOARD › Series 54-02 - The Establishment Of Fee Schedule And Cost Allocations Applicable To The Issuance Of Bonds By The Wast Virginia Solid Waste Management Board › Section 54-2-4 - Allocation of Costs Applicable to Issuance of Bonds of the Board

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. All costs incurred by the Board that can be directly attributed to a bond issue pending before the Board may be allocated by the Board to that bond issue and such costs so allocated shall be payable at closing by the governmental agency obtaining a loan financed from such proceeds. If more than one governmental agency obtains a loan from such proceeds, such costs shall be allocated pro-rata between or among such governmental agencies. All such costs so allocated shall be in addition to the fees established in Section 3 of these rules.
4.2. Without limiting in any manner the costs that may be allocated pursuant to Section 4.1 of these rules, all legal and other professional fees incurred by the Board that can be directly attributed to a bond issue may be allocated by the Board to the governmental agency obtaining loans from proceeds of that bond issue and such legal and other professional fees so allocated shall be payable at closing out of the proceeds of that bond issue. If more than one governmental agency obtains a loan from such proceeds, such fees shall be allocated pro-rata between or among such governmental agencies. All such costs so allocated shall be in addition to the fees established in Section 3 of these rules.
West Virginia Code of State Rules › Agency 54 - Solid Waste Management Board › Title 54 - LEGISLATIVE RULE SOLID WASTE MANAGEMENT BOARD › Series 54-02 - The Establishment Of Fee Schedule And Cost Allocations Applicable To The Issuance Of Bonds By The Wast Virginia Solid Waste Management Board › Section 54-2-5 - Amendment of Fee Schedule

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The Board may amend, in accordance with W. Va. Code '29A-3-1 et seq., the fee schedule by the affirmative vote of four (4) board members and any such amendment shall be binding and applicable to all subsequent bond issues.
West Virginia Code of State Rules › Agency 54 - Solid Waste Management Board › Title 54 - LEGISLATIVE RULE SOLID WASTE MANAGEMENT BOARD › Series 54-03 - Rules For Developing, Updating And Amending Comprehensive Litter And Solid Waste Control Plans › Section 54-3-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- The scope and purpose of this rule is to establish minimum standards and planning requirements for all county and regional solid waste authorities to follow in developing, updating, and amending comprehensive litter and solid waste control plans as required by W. Va. Code '22C-4-1 et seq. Such minimum standards and requirements are designed to protect the public health, safety, and environment throughout the state of West Virginia; provide for an integrated waste management hierarchy; provide for the most effective and efficient use of available resources; and ensure the establishment of the most proper and effective solid waste collection, transportation, processing, recycling and disposal services for all residents of the state.
1.2. Authority. -- W. Va. Code ''22C-3-6, 22C-4-8, 22C-4-23, and 20-11-1 et seq.
1.3. Filing Date. -- May 21, 2001.
1.4. Effective Date. -- May 21, 2001.
West Virginia Code of State Rules › Agency 54 - Solid Waste Management Board › Title 54 - LEGISLATIVE RULE SOLID WASTE MANAGEMENT BOARD › Series 54-03 - Rules For Developing, Updating And Amending Comprehensive Litter And Solid Waste Control Plans › Section 54-3-3 - Requirement and Procedure for Plan Development, Update, and Approval

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Requirement of Plan. -- All authorities are required to have a plan and to update it.
3.2. Submission to the Board.
3.2.a. A comprehensive litter and solid waste control plan shall be submitted to the Board. The plan shall be updated and submitted every five years after any new or updated plan is approved by the Board or within ninety (90) days of the formation of a new authority.
3.2.b. A grant may be obtained from the Board for the purpose of updating the comprehensive plan in accordance with subsection 4.4 of 54CSR5 - "Disbursement of Grants to Solid Waste Authorities." Grant amounts will be subject to the availability of funds.
West Virginia Code of State Rules › Agency 54 - Solid Waste Management Board › Title 54 - LEGISLATIVE RULE SOLID WASTE MANAGEMENT BOARD › Series 54-03 - Rules For Developing, Updating And Amending Comprehensive Litter And Solid Waste Control Plans › Section 54-3-4 - Required Format of Plan

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Required Format. -- In addition to the information required in section 5 of this rule, each plan submitted shall include:
4.1.a. A cover sheet which includes the name of the authority, the title of the plan, and the signature of the authority chair;
4.1.b. An introduction explaining the plan's background, scope, and purpose;
4.1.c. A table of contents indicating the major subdivisions of the plan;
4.1.d. An executive summary of the plan which briefly describes its methodology, goals and objectives, conclusions, and recommendations;
4.1.e. A copy of the Class I legal advertisement as specified in subsection 7.1 of this rule regarding the required public hearings;
4.1.f. A brief summary of public comments and a statement describing how the authority responded to the public comments; and
4.1.g. Maps of an appropriate size and scale that will allow the reader to identify the location of features, services, facilities, and population listed in paragraphs 5.2.b.1. and 5.2.b.3 of this rule.
West Virginia Code of State Rules › Agency 54 - Solid Waste Management Board › Title 54 - LEGISLATIVE RULE SOLID WASTE MANAGEMENT BOARD › Series 54-03 - Rules For Developing, Updating And Amending Comprehensive Litter And Solid Waste Control Plans › Section 54-3-5 - Content of Plan

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. General Information. -- The plan shall include the following general information:
5.1.a. Description of plan goals and objectives for solid waste management for the next twenty (20) years.
5.1.b. Status of existing solid waste management activities in the county or region, and a description of how the plan has been implemented. If portions of the plan have not been implemented, discuss the reasons and need for plan modification.
5.1.c. Describe how funds, including grant funding, have been used and will be used to implement the plan.
5.1.d. Describe the actions taken by the authority to implement the hierarchy established in W. Va. Code '22C-4-1, in the following order of priority:
(1) source reduction,
(2) recycling, reuse, and materials recovery, and
(3) landfilling.
West Virginia Code of State Rules › Agency 54 - Solid Waste Management Board › Title 54 - LEGISLATIVE RULE SOLID WASTE MANAGEMENT BOARD › Series 54-03 - Rules For Developing, Updating And Amending Comprehensive Litter And Solid Waste Control Plans › Section 54-3-6 - Development, Update, and Amendment Process

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Each authority shall update the plan for its county or region every five (5) years. Public notice and hearing on any proposed updates or amendments shall be given and held in the same manner as outlined in section 7 of this rule. Any updates or amendments proposed by the authority shall be submitted to the Board for approval in the same manner as provided in subsection 3.4.
6.2. At the time of the five-year update, the authority shall, in addition to any other amendments considered necessary, extend the period of time covered by the plan to include the next twenty (20) years following the five-year update.
6.3. The plan may be amended at any time by the county or regional authority which originated the plan. Amendments must meet all requirements of the original plan, including that of giving notice and holding a public hearing as detailed in section 7 of this rule. No amendments may become effective until approved by the Board in the same manner as the original plan.
6.4. Minutes from the authority meeting in which the new, updated, or amended plan is approved shall be included in the new, updated or amended plan before final submission for approval by the Board. Minutes should be signed by the chair. It is the authority's responsibility to ensure that it is legally constituted to conduct business in accord with W. Va. Code '22C-4-1 et seq.
West Virginia Code of State Rules › Agency 54 - Solid Waste Management Board › Title 54 - LEGISLATIVE RULE SOLID WASTE MANAGEMENT BOARD › Series 54-03 - Rules For Developing, Updating And Amending Comprehensive Litter And Solid Waste Control Plans › Section 54-3-7 - Public Participation Process

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Public Notice and Hearing.
7.1.a. Prior to the submission of a draft plan to the Board, and to assist the authority in the development of a draft plan, the authority shall publish notice and hold at least one public hearing to solicit ideas, opinions, and comments from the general public on the development of the draft plan.
7.1.a.1. The authority shall publish notice of the hearing at least thirty (30) days in advance of the hearing as a Class I legal advertisement published in a qualified newspaper, as defined in W. Va. Code ''59-3-1 and 2, serving the county or counties, whichever is appropriate.
7.1.a.2. The authority shall consider the public comments received at the public hearing, and shall record the proceedings of the hearing by mechanical means, and such recording and a copy of all written comments received and a written summary of the proceedings shall be retained by the authority for a period of three (3) years from the date of the public hearing.
West Virginia Code of State Rules › Agency 54 - Solid Waste Management Board › Title 54 - LEGISLATIVE RULE SOLID WASTE MANAGEMENT BOARD › Series 54-04 - The Development Of Commercial And Solid Waste Facility Siting Plans › Section 54-4-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- The purpose of this rule is to establish minimum standards and requirements for the content, format, amendment, review, approval, and public participation process involved in county and regional solid waste facility siting plans, as required by W. Va. Code '22C-4-24. Such minimum standards and requirements are designed to protect the public health, safety, and environment throughout the state of West Virginia, and to ensure the fair and equitable evaluation of all sites proposed for use as solid waste facilities.
1.2. Authority. -- W. Va. Code ''22C-3-6 and 22C-4-24.
1.3. Filing Date. -- May 21, 2001.
1.4. Effective Date. -- May 21, 2001.
West Virginia Code of State Rules › Agency 54 - Solid Waste Management Board › Title 54 - LEGISLATIVE RULE SOLID WASTE MANAGEMENT BOARD › Series 54-04 - The Development Of Commercial And Solid Waste Facility Siting Plans › Section 54-4-3 - Procedure for Plan Development and Approval

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Submission to the Board. -- A commercial solid waste facility siting plan is to be submitted to the Board. The plan shall be updated and submitted every five years after any new or updated plan is approved by the Board or within ninety (90) days of the formation of a new authority.
3.2. Administrative Completeness Review.
3.2.a. If the Board finds the draft plan to be incomplete, ie., to not contain all of the information required by this rule, it shall return the plan to the Authority along with a written statement explaining how the plan is incomplete.
3.2.b. The authority shall have thirty (30) days to amend the plan by providing the remaining required information, and to submit the amended plan to the Board. No plan will be reviewed for technical merit until it is administratively complete.